03/12/2012 Newsnight


03/12/2012

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Suppose you sat in cafe, went on- line, and bought a Christmas

:00:12.:00:16.

present, and that neither the company that sold you the coffee,

:00:16.:00:20.

the search engine that found your retailer, or the retailer itself,

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paid as much tax as many politicians think it should pay,

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would you mind? In increasingly straightened times,

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the way some multinationals minimise their taxes has become

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hugely charged. The Government still aren't doing anything about

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it. That is their job. It is just ridiculous that they still haven't

:00:40.:00:44.

acted. As the Chancellor talks of

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crackingdown, is what's legal the same as what's moral, and if not,

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can the citizen change the corporation?

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Maurice Saatchi lost his wife to cancer, now he wants to change the

:00:58.:01:01.

law, if recommended treatment doesn't cure, should doctors be

:01:01.:01:07.

free to try something else? The women of the Libyan revolution,

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now victim to some of the Islamist militias, once on their side.

:01:12.:01:20.

He was hittinging me with his feet and HIStory gun, he was calling me

:01:20.:01:30.
:01:30.:01:32.

an Israeli, an Israeli spy, calling A statement today announced that

:01:32.:01:36.

the Duchess of Cambridge was pregnant. We won't mention it again,

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promise. We were rather taken with the statement from a Parliamentary

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Committee that some of the best known multinationals operating in

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this country were being immoral. In not paying more tax.

:01:47.:01:52.

The Chancellor of the Exchequer, meanwhile, talks tough about, as he

:01:52.:01:56.

puts it, going after companies which aggressively avoid tax. The

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problem with all this blow-Hardtalk, is that the tax officials in this

:02:00.:02:04.

country, seem to have no objections to arrangements which mean that a

:02:04.:02:10.

multinational corporation like Amazon, can make sales of �3.4

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billion in the UK, but pay just �2 million in corporation tax. But is

:02:15.:02:23.

legal the same as moral? Politicians, bankers, the press,

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they have all been under the spotlight, now it is the turn of

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major corporates in the public gaze over their tax apayers. Starbucks,

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Facebook, Google and Amazon, apart from all being American, they have

:02:39.:02:43.

all created a reputation of legally avoiding tax. In parliament last

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month, MPs didn't pull any punches, while executives floundered. I will

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come back to the committee, and it is possible to show that figure,

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disclose that figure. Can you say that again? I will come back to the

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committee andly see whether it is possible to disclose that figure.

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We have not disclosed those figures ever publicly, either on a country

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basis or website basis. You are either running the business very

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badly, or there is some fiddle going on. We clearly are not

:03:15.:03:18.

aggressively looking to avoid tax or tax on any structure anywhere,

:03:18.:03:22.

we have had profitability challenges, very sincere ones,

:03:22.:03:26.

unfortunately, that we are not pleased with. It is nothing, I

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assure you, to do with tax avoidance. The committee said the

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Government should get a grip and clampdown on multinationals that

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exploit tax laws. It described the behaviour of large corporations as

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outrageous and an insult to those who pay their fair share, and said

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HMRC lacked clarity when trying to explain its approach to enforcing

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the corporation tax regime. Even before the report was published,

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Starbucks were signals over the weekend, that all the public

:03:53.:04:03.
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pressure and negative headlines, So why the change of heart? Weeks

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of nasty Headlines, and the threat of sit-ins and direct action like

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this one in Oxford Street, by protest groups like UK Uncut,

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appear to have galvanised a coffee chain, worried about brand damage.

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This is the Government's role. It is their job to crackdown on tax

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avoidance, it is clear that the public are outraged by this.

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Margaret Hodge and the PAC are outraged by this. The media is

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brimming with outrage about tax avoidance, and yet the Government

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still aren't doing anything about it, that is their job, it is

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ridiculous that they still haven't acted. The problem is, the disabled

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people, mothers, children, who are bearing the brunt of the cuts, that

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is outrageous, when there is so much money that could be collected

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from tax avoidance that could be put into public services.

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The key to this is something called transfer pricing which allows one

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part of a company to bill another part for using goods, especially

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services. In general, the bit of a multinational that controls

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valuable brand trade marks or patents, bases itself in a low-tax

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country, lix Luxembourg, Ireland or Switzerland t can bill the sister

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British company where taxes are higher, for permission to use the

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trade marks or certain products. That has the effect of magnifying

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the profits in Luxembourg and minimising them in Britain, thus

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cutting the amount of tax paid here. Finally the profits left over in

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Luxembourg or other low-tax country, get sent back to the States where

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it cannot be taxed a second time. Britain has signed tax treaties

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with 137 different countries all around the world, meaning companies

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trading here and British companies trading overseas, can't be taxed

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twice on the same income. So the Government is in a bind. It cannot

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ignore the concerns of voters, nor too can it clampdown on the likes

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of Starbucks, Google and face book, without rufpbing the risk that

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overseas Governments will clampdown on the likes of RBS and BP or Glaxo.

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It might be up to consumers to urge companies to pay for tax on their

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profits. Consumers account for 70% of all spending in the British

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economy, yet as a lobby group, they are a slumbering giant. When that

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giant growls, though, big business tends to listen. Think of the

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backlash when Coca-Cola tried to introduce New Coke in the 1980s,

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the boycott against South African goods during the apartheid era.

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More recently there was a campaign to prevent sexualised clothing

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being marketed to young girls. That was co-ordinate bid one of the most

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powerful consumer groups in the land, Mumsnet. It is not what I

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think about things, it is what the collective thinks. Believe me there

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is a myriad of voices, there is loads of dissent, lots of

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discussion, and it is healthy. It is the wisdom of a crowd having

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debated and debated and debated. Are you conscious of the power you

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could wield against companies? think you know the reason we have

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done more formal campaigns like Let Girls Be Girls, and another one

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called We Believe You, getting people to understand the issues

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around domestic violence and rape, is because we do realise we wield a

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certain amount of influence. The moment prime ministers start

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knocking on your door and asking to speak to your users, you realise

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you have some influence. Despite the poet Tennessee of millions of

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people thinking -- poetentcy of people discussing on-line, it is

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only useful if it is acted on in the real worlds. Customers have

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that effect on brand reputation if they unite together, they need to

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unite on-line and make sure there is an off-line part to that

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mobilisation. Only if they connect the on-line mobilisation in off-

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line action, can they damage the reputation of a brand. Google,

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Amazon and other multinationals in the spotlight reiterated today that

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their tax affairs were fully in order, that is true, but because

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the Government's hands are tied by international tax treaties t will

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doubtless hope that other firms will follow Starbucks lead, and

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voluntarily agree to pay for corporation tax.

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We asked many of the companies accused of immorally minimising

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their cushion tax bills on to tonight's programme. None of them,

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includinging Starbucks, Amazon or Google, -- including Starbucks,

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Amazon or Google would appear. Joining us are my guests now. The

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former Canon Chancellor of St Paul's Cathedral, Giles Fraser, the

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tax campaigner, Ellie Mae O'Hagan, and Mark Littlewood of the

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Institute of Economic Affairs. Mark Littlewood, is there any point in

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George Osborne blustering about things being outrageous? No point

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at all. It is as if he was announcing today that he would send

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more traffic cops on to the motorway, because he doesn't like

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people driving at 70 miles an hour. If he has a problem with people

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driving at 70 miles an house he and his Government should cut the speed

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limit. He has to be clear about what the law is. The problem here

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is vagaries in the law. We can argue in these studios, and George

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Osborne and Danny Alexander can release press released as long as

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they like about the realities, the Government has to have a clear tax

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code and it doesn't. Enforcement becomes a bit of a joke. As far as

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you are concerned, there is nothing wrong with what these companies

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have done, they have merely complied with the law and played --

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paid what was necessary? They are operating according to the law. To

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take the point, it is not just the UK tax law, it is the international

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tax codes that we all need to comply with. So why are you so

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upset about it? About tax avoidance. There is no tax avoidance, they are

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paying what they are supposed to pay? That is a red herring to say

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they are paying what they are supposed to pay. Why? There are

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loopholes they are exploiting. Should they pay more? They are

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supposed to pay a rate of corporation tax that they are

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avoiding. They are manipulating the, as Mark said, the poorly-

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constructed laws in order to use loopholes to get out of paying what

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they are supposed to pay. They are not paying what they are supposed

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to pay. There is a huge difference between what is moral and what is

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legal. What is going on here, if you have, if you are a company that

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makes and sells books, the books are printed in the UK, their

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warehouseed in the UK, they are shipped out in the UK, sent to UK

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customers, the invoices are printed on UK paper and sent out in the UK

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but Luxembourg printed on the bottom so you pay the tax in

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Luxembourg, you don't have to be a rocket scientist to work out

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something is fundamentally wrong there. This is nonsense. Which bit

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is nonsense? When you are talking about Amazon, people don't go to

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their websites because they are boxed and labelled in the UK. They

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go to them because they are internationally recognised as a

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brand. I suggest they are cheaper? It is cheap and convenient.

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recognised. If you are somebody, think of an on-line bookshop, you

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can go to, Amazon has great recognition. These are not

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justifications to avoid tax. People on the screen here have great brand

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value. How is that an issue about tax avoidance. If you open a cinema

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in London and show Hollywood blockbuster movies, like Spiderman,

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what proportion of the ticket price should go to the IP property owner,

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the person who owns Spiderman in America, clearly more than 0%, as

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much as 5%, 10%, I'm not sure, it is precisely this argument that

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Starbucks are in. If the consequence of that, is that small

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book shops, for example, to take the book analogy, if they go out of

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business, tough luck? They pay their taxes? There is no question

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that Amazon and Starbucks are paying their taxes. Small book

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shops are going out of business. Small coffee shops to the expense

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of Starbucks? You don't care about that either? The market trend is

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people are buying books on-line cheaper, and coffee from recognised

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chains, this is a change in consumer behaviour. The interesting

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thing now is Starbucks customers decide, we have had enough of you,

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we will never buy coffee from you again, unless you hand over a

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billion or two billion to the taxpayer, that is consumer power. A

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wonderful thing in a free market and free society. We will come to

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the question of consumer power. Let's explore the moral point

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further, morally, is a company entitled, I know you are a tax

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specialist, but is a company entitled to decide to pay more tax

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regardless of its obligation to its shareholders? Arguably it is not

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more tax, is it, if it is paying more tax than is legally due, that

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is arguably not tax. That is the basic question. Are companies free

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to do that? Well, that's a question that isn't a tax question, at all,

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that is about the duties of the directors and so on. But arguably,

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if it is not the legal liable tax it is not tax. The legal liable tax

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is the corporation tax of Britain, if you are not paying at that rate,

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you are avoiding tax. That is zero, if you have no profits. What do you

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want us to do, withdraw from the European Union, is that the idea?

:13:51.:13:56.

think this Government should introduce an anti-avoidance

:13:56.:14:03.

principle. There is research that says you will recoup �5.5 billion

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in tax, at a time of unprecedented cuts to public services it is

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incumbent on the Government to do that, morally incumbent as Giles

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was saying. Could that work? think we are going to get one.

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we will get an anti-abuse principle, the research shows that won't work,

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I'm asking for an anti-avoidance principle. We have yet to see the

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details, none of us know the details. But the key point about

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this is that most big businesses actually welcome the introduction

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of such a principle. Because, actually, they are not interested

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in aggressive tax avoidance. are they participating in it?

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don't think they would see that is what it is. Hang on a second.

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is this a moral question? Because it is about your contribution to

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the common good. And the question is, do these very large

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multinational companies actually contribute to the good of all. And

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if they are paying, if they are actually paying very little tax,

:15:05.:15:09.

and they are also putting small businesses out of business, there

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is a very strong argument to say they don't...There Is an argument

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to say they employ people and pay national insurance? There is a

:15:17.:15:20.

balance of advantage, there is a balance of advantage, if they are

:15:20.:15:23.

saying they make no profit, I don't know why they are operating here if

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they make no profit, that seems extraordinary. They say they make

:15:26.:15:30.

no profit, they boast to their shareholders they are making

:15:30.:15:32.

extraordinary profits in their glossy brochures and then they ship

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all their profits overseas. This country doesn't have the advantage

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of that. That is a very simple matter. That is a very simple

:15:40.:15:44.

matter, Charles. If there is any fraud going on t needs to be

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prosecuted. I didn't say there was fraud. If the minutes of their tax

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holder meetings are different to their returns, this needs to be

:15:51.:15:54.

investigated by the tax authorities, not grandstanded by politician. It

:15:54.:15:58.

needs to be investigated by the tax authorities in the same way that if

:15:58.:16:02.

I claimed I was on the minimum wage, it would be investigated by the tax

:16:02.:16:05.

authorities. The tax authorities are too lenient. Once you mix up

:16:05.:16:08.

the common good and handing money over to the state, they are not

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exactly the same thing. If Starbucks decides to give money to

:16:12.:16:16.

charitable arms or whatever, I'm sure that would be giving to the

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common good. I want to the make the point about the moral issue Jeremy

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has been talking about, we are living in a time of unprecedented

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cuts to public services, it is irrefutable the damage it is

:16:28.:16:34.

causing to people's lives. Would you ban duty free products. Excuse

:16:34.:16:37.

me, pleat finish my point, George Osborne will be repeating the

:16:37.:16:43.

mantra there is no alternative, here is an alternative. Would you

:16:43.:16:47.

ban people buying duty-free, that is tax avoidance. That is a total

:16:47.:16:51.

red herring, that is a red herring, because duty-free products are

:16:51.:16:57.

designed to relieve people of tax. Are so are these tax codes.

:16:57.:17:00.

Transfer pricing is an incredibly complex thing. Normal people can't

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take advantage of it, it is not the same as a duty-free. You are

:17:04.:17:08.

distracting from the point I'm making. You want a general anti-

:17:08.:17:12.

avoidance rule, applying to everyone, I assume. Living in a

:17:12.:17:19.

time, let me finish my point, let me finish, we are living in a time

:17:19.:17:22.

unprecedented cuts that is causing damage to people's lives, and

:17:22.:17:26.

women's services which is what being protested about on the

:17:26.:17:31.

weekend. This is about cuts not tax. Tax avoidance corporation, loses

:17:31.:17:35.

�25 billion a year. What about personal tax avoidance. That is a

:17:35.:17:39.

different issue. Hang on, you said earlier you want a general anti-

:17:39.:17:42.

avoidance principle, I'm trying to work out. You can write the

:17:42.:17:48.

principle in such a way. I'm trying to work out why the general anti-

:17:48.:17:53.

avoidance principle you argued for, doesn't apply to duty-free

:17:53.:17:57.

cigarettes. We as a society will write that and exclude that, we

:17:57.:18:00.

will write the general anti- avoidance rule and decide what goes

:18:00.:18:04.

in it. We don't have to include that. OK you two, let someone else

:18:04.:18:10.

have a say. If I behaved, you know, at the moment, extraordinary, these

:18:10.:18:13.

large companies now negotiating their tax with the Government. I

:18:13.:18:17.

would love the tax man to call me up and say come out for a cup of

:18:17.:18:21.

coffee and we will negotiate my tax, that is not how it works. If the

:18:21.:18:24.

Government agrees there is nothing wrong with it? There is a

:18:24.:18:27.

difference between what is legal and what is moral. What is legal

:18:27.:18:32.

must track what is moral. That, if it doesn't track, to some degree,

:18:32.:18:38.

that people recognise, out there, there is a great deal of political,

:18:38.:18:44.

social, unhappiness about this sort of thing. Clearer, simpler tax

:18:44.:18:49.

codes. You have been very restrained, come on? On the moral

:18:49.:18:55.

point. Clearly all human activity has a moral angle to it. I think it

:18:55.:18:58.

is incumbent of all of us in our public lives to think about that.

:18:58.:19:03.

In whatever walk of life we are in. But there is also some pragmatisim

:19:03.:19:07.

to this. The fact of the matter is, we need this economy, we need, for

:19:07.:19:12.

this economy to improve, for more jobs to come, we need inbound

:19:12.:19:15.

investment, we need healthy companies locating here. The

:19:15.:19:18.

Government has done a lot of work to make the UK a more attractive

:19:18.:19:22.

environment, both for people to headquarters. That is an argument

:19:22.:19:27.

for lowering taxes? To attract inbound investment. There is a real

:19:27.:19:30.

danger with this debate. Bear in mind when I talk to my colleagues

:19:30.:19:36.

globally the UK is leading this debate like this. There is a real

:19:36.:19:41.

danger that we are putting off those investors. I'm hearing that.

:19:41.:19:45.

You can't be black mailed by large companies. It is not a question of

:19:45.:19:49.

blackmail. There are 62 million people in this country, they will

:19:49.:19:52.

make profits if they pay their fair share of tax, they will make

:19:52.:19:56.

profits on it, that is why they are here. The idea that we will up

:19:56.:20:00.

sticks and go if you don't like paying the tax. There will be some

:20:00.:20:04.

tax rates the UK could have that would be too high people would go

:20:04.:20:09.

elsewhere. You know, that the levels of taxation that are being

:20:10.:20:14.

paid here are silly low, silly low. Silly high. There is a level, there

:20:14.:20:20.

is a level which is fair, it is fair to business, indigenous

:20:20.:20:24.

businesses that work here, it is fair to those of us who receive the

:20:24.:20:28.

benefit, all of us who receive the benefit of taxation. The idea that

:20:28.:20:32.

you could ship out your responsibilities and warehouse them

:20:32.:20:36.

overseas is clearly morally wrong, and pragmatism is no alibi.

:20:36.:20:40.

would you increase tax revenues? I'm interested in people paying

:20:40.:20:44.

their fair share of that. I think that's what is crucial here.

:20:44.:20:50.

think it should be higher? Yes, if a company like Amazon and Starbucks

:20:50.:20:53.

are paying the minuscule amounts that we have at the moment, then,

:20:53.:20:57.

yes, they should be paying a lot more. How would you change the

:20:57.:21:01.

corporation tax rules? Luckily I'm not an accountant so I can't do

:21:01.:21:06.

that. It is a much harder task than you are saying. We can put a man on

:21:06.:21:10.

the moon we can make this work. Thank you all very much.

:21:10.:21:15.

Now, a cure for cancer is the Holy Grail of medical research, yet is

:21:15.:21:18.

it possible that the law is preventing doctors from making

:21:18.:21:21.

progress? A Private Members Bill introduced

:21:21.:21:24.

in the House of Lords this afternoon, more or less claims it

:21:24.:21:29.

may be. According to Lord Saatchi, the advertising empresary and

:21:29.:21:36.

former chairman of the Conservative Party, the law xels doctors to

:21:36.:21:41.

stick to conventional treatments. He lost his wife to ovarian cancer,

:21:41.:21:46.

the treatment of which is harsh and almost always unsuccessful, why not

:21:46.:21:56.
:21:56.:21:56.

free doctors to try something new? He's with us.

:21:56.:22:00.

There have been incredible advances in the treatment of many cancers,

:22:00.:22:04.

childhood cancers stand out. Broadly, we are doing well in

:22:04.:22:10.

common cancers such as breast and colorectal cancers, but less well

:22:10.:22:15.

with brain and pancreatic cancers. Maurice Saatchi says he wants to

:22:15.:22:23.

help people to treat harder to treat cancers, including ovarian

:22:23.:22:31.

cancers, including the one that his wife died from. He his says goal,

:22:31.:22:34.

introduced through a Private Members Bill in the Lords today, is

:22:34.:22:38.

to create greater innovation in cancer treatment. In the framework,

:22:38.:22:46.

doctors can try new treatment. The idea is to free them from the

:22:46.:22:51.

threat of being sued from departure from the range of conventional

:22:51.:22:57.

treatments, without condoning recklessness.

:22:57.:23:01.

Aren't there other factors, than fear of being sued, like lack of

:23:01.:23:05.

money for research, why the need for a new law. When a doctor thinks

:23:05.:23:09.

about how they are faced with a difficult clinical sin Nair hey,

:23:09.:23:13.

they take all the appropriate measure, that is referrals, --

:23:13.:23:18.

scenario, they take all the appropriates, referrals, talking to

:23:18.:23:21.

patients, giving them the advantages and disadvantages of one

:23:21.:23:24.

treatment or another. There is always the questions in the back of

:23:24.:23:29.

the mind, what happens if something goes wrong. The bill helps clarify

:23:29.:23:34.

the situation, that if something goes wrong, then the doctor will be

:23:34.:23:37.

less liable. Some cancer charities support the

:23:37.:23:41.

move, they say there is a need to challenge the status quo. We would

:23:41.:23:47.

support anything that will improve the survival rates for women with

:23:47.:23:50.

this disease. The treatment for ovarian cancer has hardly changed

:23:50.:23:53.

in the last 30 years, this will give women the opportunity to talk

:23:53.:23:58.

to their doctor and say, what is the right treatment for my disease.

:23:58.:24:02.

Because we know that one size doesn't fit all.

:24:02.:24:06.

This cancer research centre in Cambridge aims to link laboratory

:24:06.:24:10.

research to practical applications in the clinic. James Brenton

:24:10.:24:14.

specialises in ovarian cancers, in particular why treatments work for

:24:14.:24:19.

some women and not others. So does he think fear of being sued is

:24:19.:24:23.

holding back innovation in cancer treatment? No, I don't think it is

:24:23.:24:26.

litigation fears. I think it is really a lack of understanding

:24:26.:24:31.

about what is happening in the cancer when a patient has relapsed

:24:31.:24:35.

with ovarian cancer. If we look at other cancers where survival has

:24:35.:24:39.

changed dramatically over the past 20 years, like breast cancer, we

:24:39.:24:42.

have identified particular changes that mean specific therapies work

:24:42.:24:46.

very well for those women. We don't have that information yet for

:24:46.:24:48.

ovarian cancer, that limits the opportunities for new medicines to

:24:49.:24:51.

come into the treatment of the disease.

:24:51.:24:55.

He says the current survival rates for ovarian cancer are not as good

:24:55.:25:01.

as he or others would like. survival for most women with

:25:01.:25:06.

ovarian cancer is 20-30% of those women still alive in five years,

:25:06.:25:10.

using the medicines we have, the chemotherapy drugs. Even in the

:25:10.:25:14.

most severe cases, 15 out of 100 are still alive. We are not happy

:25:14.:25:18.

about the survival figures, we do know the medicines we have cause

:25:18.:25:22.

great benefit in the short-term, the problem is the patients become

:25:22.:25:26.

resistant to the chemotherapy drugs, that is the reason for the low

:25:26.:25:29.

survival. Ovarian cancer is one of the most intractable of cancers.

:25:29.:25:36.

The majority of women present with late-stage cancer, and survival in

:25:36.:25:40.

these women have not improved significantly in recent years.

:25:40.:25:43.

According to to Cancer Research UK, overall cancer rates of survival

:25:43.:25:47.

have doubled in the last 40 years, with half of people diagnosed with

:25:47.:25:52.

cancer surviving their disease for at least five years. In the 1960s,

:25:52.:25:57.

only around a quarter of children survived cancer, now almost three-

:25:57.:26:00.

quarters will survive for more than ten years, with many of those being

:26:00.:26:05.

cured of their disease. The bill raises concerns about the

:26:05.:26:10.

level of innovation in cancer treatment, but even for ovarian

:26:10.:26:16.

cancers, the future looks more promising. There is good evidence

:26:16.:26:22.

that good research into ovarian cancer will change the outcome,

:26:22.:26:27.

they are medicines called PARP inhibitors, for those with a gene-

:26:27.:26:32.

change in ovarian cancer which will change the outcome and cure more

:26:32.:26:35.

patients. James Brenton says his team is researching other promising

:26:35.:26:38.

avenues, such as a simple blood test to spot changes within a

:26:38.:26:45.

single cancer, by looking for cancer DNA in a patient's blood.

:26:45.:26:49.

While those behind today's bill say they agree with more kept kal

:26:49.:26:53.

colleagues, that some form of clin -- sceptical colleagues, that

:26:53.:26:56.

Transformers of clinical trial must be the basis of deciding to try new

:26:56.:27:00.

treatments, in the future, they say, as gene-based approaches, allow

:27:01.:27:06.

therapies targeted at individual patients, that fine tuning itself,

:27:06.:27:12.

pay mean large-scale clinical trials are not always possible.

:27:12.:27:15.

Lord Saatchi is with us now, you lost your wife to cancer in the

:27:15.:27:18.

summer of last year. Was there a particular point in the treatment

:27:18.:27:28.
:27:28.:27:28.

where you realised that the law needed to be changed. I realised

:27:29.:27:33.

the progress of cancer is relentless, remorseless, and

:27:33.:27:37.

merciless. I also observed that the current treatments, certainly for

:27:37.:27:44.

the kind of women's gynaecological cancer I'm now an expert in, these

:27:44.:27:52.

treatments are medieval, degrading, and ineffective. If I may suggest,

:27:52.:27:55.

the most useful way we could have this conversation, if it is all

:27:55.:27:59.

right with you, is in terms of problem-solution. I will try to

:27:59.:28:03.

describe the problem, I will have to be very stark about it, because

:28:03.:28:08.

otherwise it will be quite possible for somebody to say, well, it is

:28:08.:28:15.

not necessarily for this change in the law. May I do that? Please.

:28:15.:28:20.

the moment women would think of the worst part of cancer treatment as

:28:21.:28:25.

being hair loss. Caused by the drugs. And for a woman, in

:28:25.:28:30.

particular, I think, hair loss is most distressing. But I can assure

:28:30.:28:37.

you that hair loss is the good news. The less good news is that the

:28:37.:28:43.

effects of the drugs, they cause and mimic the disease, with

:28:43.:28:52.

symptoms like nausea, sorry about this, vomiting, fatigue, most

:28:52.:28:57.

distressing, but I'm still in the good news, because the really bad

:28:57.:29:03.

news is that the effect of the drugs on the immune system of the

:29:03.:29:07.

woman, allow fatal infection to enter the body, and then the woman

:29:07.:29:11.

is as likely to die from the infection as from the cancer.

:29:11.:29:17.

That's the problem, if I can put it that way. Then we can come on to

:29:17.:29:23.

the solution to that problem. does your bill propose? The bill

:29:23.:29:28.

starts from the position that the current law is a barrier to

:29:28.:29:32.

progress in solving the problem I have just described. A barrier to

:29:32.:29:40.

progress in curing cancer. This is because any deviation, by a doctor,

:29:40.:29:47.

from what his standard procedure, is liable to lead to a finding of

:29:47.:29:52.

guilt for medal negligence. In other words, this is a deterrent --

:29:53.:29:56.

medical negligence. In other words this is a deterrent. This is so

:29:56.:30:02.

should somebody sue? Yes. Have doctors said that is deterring them

:30:02.:30:05.

from trying other forms of treatment because of this?

:30:05.:30:09.

trafting of this bill, taking place -- drafting of this bill, taking

:30:09.:30:13.

place by some great parliamentary draftmen and great medical figures

:30:13.:30:17.

in this country, has dealt with exactly that question, that the

:30:17.:30:22.

fear in the mind of any doctor, that any departure from standard

:30:23.:30:28.

procedure, will cost them their livelihood, and their reputation.

:30:28.:30:32.

That's very serious what this bill will do is relieve them of that

:30:32.:30:37.

burden, and allow more innovation. What it won't do is to create a

:30:37.:30:42.

situation in which doctors are free to experiment in a reckless manner.

:30:42.:30:48.

In fact, I would say, not to go on, I would say that this bill will do

:30:48.:30:53.

more to deter reckless innovation, than the present law. Because it

:30:53.:30:58.

sets out, after much consultation with the medical profession. It set

:30:58.:31:04.

out a procedure, a process, which constitutes responsible innovation.

:31:04.:31:08.

It contrasts that with reckless experimentation, which puts

:31:08.:31:14.

patients lives at risk. But the reason there is an insistence upon

:31:14.:31:19.

conforming to recognised treatment, is precisely to protect the patient

:31:19.:31:26.

from quickry? Quickry, snake oil salesmen, -- Quackery, snake oil

:31:26.:31:29.

salesman? This bill will protect better than the current low. The

:31:29.:31:36.

bill sets out a hard process for a doctor to follow, if he is to

:31:36.:31:40.

innovate in a responsible manner. Have you any examples of the way in

:31:40.:31:44.

which this fear you say doctors have has got in the way of

:31:44.:31:47.

innovation? The fear I describe is in the mind of all doctors at all

:31:47.:31:52.

times. How would it not be. If you were the patient and I was the

:31:52.:31:55.

doctor, and I could see your situation was grim, there is

:31:55.:32:00.

nothing I can do for you, because my situation, as a doctor, is if I

:32:00.:32:04.

depart from what is standard, my entire family, my livelihood, my

:32:04.:32:09.

reputation, is likely to be destroyed. That's a problem. The

:32:09.:32:15.

current law is case law, if this bill became law, this would become

:32:15.:32:19.

statute law, and the definition of responsible innovation, instead of

:32:19.:32:22.

being uncertain, as it is now, would become certain, because it

:32:22.:32:27.

would be in the law. Can you give me an example of the

:32:27.:32:31.

sort of thing you are thinking of? I'm not thinking that there is over

:32:31.:32:35.

there a cure for cancer, which if only it could be picked up and

:32:35.:32:40.

grout into a patients' hospital room everything would be well. --

:32:40.:32:43.

brought into a patients' hospital room everything would be we will.

:32:43.:32:49.

This bill won't cure cancer, it is to encourage the man or woman who

:32:49.:32:54.

will cure cancer. I assume like all medical discoveries, like the

:32:54.:33:01.

discould havery of pencilian or insulin, it will -- discovery of

:33:01.:33:05.

pencilian or insulin, it will be that one man or woman will have an

:33:05.:33:10.

idea in their head about how to cure Cannes, and they will pursue

:33:10.:33:14.

it with great -- cancer, and they will pursue it with great rigour

:33:14.:33:17.

and encouraged by it. This bill will encourage that. Do you think,

:33:17.:33:22.

because of the advances we have made in mapping the human genome,

:33:22.:33:26.

and all of rest of it, because of that gene therapy, and one thing or

:33:26.:33:29.

another, we may be at the point where there is the possibility of

:33:29.:33:32.

change, and some how the inhibitions on how doctors behave

:33:32.:33:35.

are stopping that? I couldn't have put it better than the way you have

:33:35.:33:43.

just put it. I'm very hopeful, as the oncologist on your film said. I

:33:43.:33:47.

hope he's right. I haven't seen that myself. The survival rates in

:33:47.:33:54.

the kind of cancer I'm familiar with are zero. The mortality rate

:33:54.:33:59.

is 100%. And those rates are, as your film showed, the same as 40

:33:59.:34:04.

years ago. The question one must ask is how is this possible? How

:34:04.:34:08.

could there possibly have been such tremendous technological advance,

:34:08.:34:13.

at a breath-taking rate, in so many fields, but not in cancer. They

:34:13.:34:17.

have in some areas of cancer, haven't they? In some areas. Of

:34:17.:34:24.

this improved considerably, not in this Cannes r cancer. Not owe vair

:34:24.:34:29.

-- Cancer. Not ovarian cancer. should address why that should be.

:34:29.:34:32.

When do you think the bill might become law?. That is a very telling

:34:32.:34:38.

question. The bill will become law when the Government decides it will

:34:38.:34:42.

become law. I have produced the bill in the House of Lords. Have

:34:42.:34:45.

they given you any indication they will support you? No, I imagine

:34:45.:34:52.

what the Government will say, when you ask them, is all is well, the

:34:52.:34:57.

Government are doing a marvellous job investing tremendous sums,

:34:58.:35:01.

great research is taking place everywhere, and no Government could

:35:01.:35:05.

do more. I expect that's what they will say. But that would be very

:35:05.:35:11.

dim of them. So, knowing how intelligent the Prime Minister is,

:35:11.:35:16.

I doubt that will be his response. I'm looking forward to tremendous

:35:16.:35:22.

support. Lord Saatchi, thank you. It's over a year since the end of

:35:22.:35:26.

the war which brought down the dictatorship of Colonel Gaddafi in

:35:26.:35:30.

Libya. What bright hopes there were. The country has now staged

:35:30.:35:34.

elections and a new Prime Minister struggles to chart a new course for

:35:34.:35:37.

his country, including, he says, the promotion of human rights. But

:35:38.:35:42.

Libya is very far from free. Something like seven or eight

:35:42.:35:46.

though people are being held by various militias or gangs, which

:35:46.:35:49.

control many of the streets. Women who took part in the struggle to

:35:49.:35:54.

dump a dictator, now find themselves at the particular mercy

:35:54.:36:00.

of Islamist gangs. Tim Whewell has been speaking to one of them.

:36:00.:36:07.

It was a victory over one of the world's most enduring dictatorships,

:36:07.:36:10.

a victory hastened by British political and military support.

:36:10.:36:16.

is great to be here in free Benghazi, and in free Libya.

:36:16.:36:21.

Your city was an inspiration to the world, as you threw off a dictator

:36:21.:36:31.
:36:31.:36:41.

But one young Libyan, who chose freedom, can't enjoy its fruits. An

:36:41.:36:43.

ardent revolutionly, Magdulien Abaida is facing the cold reality

:36:43.:36:48.

of exile on the epbl of the North Sea. She has been given -- end of

:36:48.:36:51.

the North Sea. She has been given asylum by David Cameron's

:36:51.:37:01.
:37:01.:37:02.

Government, to protect her from some of the forces that are at work

:37:02.:37:05.

in Libya. To have this revolution, and work hard for this revolution,

:37:05.:37:10.

and then, in the end, after that you just have to leave it. Because

:37:10.:37:14.

it is not a safe place for you any more.

:37:14.:37:20.

During the revolution everybody was united, we all were working

:37:20.:37:30.
:37:30.:37:32.

together. But now, it's quite difficult.

:37:32.:37:37.

Sunderland, where she knows no-one, is now her temporary home, at the

:37:37.:37:42.

end of tumultuous year-and-a-half, when she joined protests against

:37:42.:37:45.

Colonel Gaddafi, helped organise medical and food supplies for the

:37:45.:37:49.

rebels, and then, in liberated Libya, began to campaign for

:37:49.:37:52.

women's rights. It was that struggle against

:37:52.:37:58.

discrimination, she believes, that put her life at risk. One of the

:37:58.:38:02.

women's meetings she attended in Benghazi this summer was

:38:02.:38:10.

interrupted by armed men. They came and took me from my room, five men.

:38:10.:38:16.

They were armed. They asked me to go with them. I asked them who they

:38:16.:38:22.

were, they said that I will know. Her captors, she says, were members

:38:22.:38:27.

of the revolutionary militias. The brigades were formed from

:38:27.:38:31.

volunteers, who took up arms against Gaddafi, in the spring of

:38:31.:38:36.

last year. But after his overthrow, many

:38:36.:38:40.

refused to integrate into a national army. And some, that

:38:40.:38:45.

operate as a law unto themselves, particularly in Benghazi, have

:38:45.:38:51.

strongly Islamist views. It was one of those militias, that seized her

:38:51.:38:54.

during the women's rights workshop, she was released, but abducted

:38:54.:39:01.

again the next day and taken to their base. Someone came and he

:39:01.:39:11.
:39:11.:39:14.

started kicking me. And then, he was hitting me with his feet, and

:39:14.:39:22.

with his gun. He was telling me that I he will kill me and bury me

:39:22.:39:28.

here, and nobody knows. He was calling me an Israeli spy, and

:39:28.:39:37.

calling me whore and bitch, and tell me about my morals. You don't

:39:37.:39:45.

have any. He hit me in my face, and he started, he keeps swearing.

:39:45.:39:49.

These are the bruises she was left with. He was telling me he can kill

:39:49.:39:55.

me, right now, and bury me here, and nobody knows about me. I

:39:55.:40:05.
:40:05.:40:07.

thought that I'm not going to, I will be killed in that place.

:40:07.:40:11.

Eventually released, but accused by the militia of working for Israel,

:40:11.:40:15.

which she strongly denies. She fled the country. Her application for

:40:15.:40:21.

asylum here was supported by Amnesty International. This case is

:40:21.:40:24.

really emblematic of the kind of behaviour, as Amnesty International

:40:24.:40:29.

we have documented since the fall of the former Government, our

:40:29.:40:33.

militias are acting completely out of control. There are hundreds of

:40:33.:40:39.

them across the country. People who have been tortured and died under

:40:39.:40:46.

torture and held incommunicado, all of this is happening while the

:40:46.:40:53.

Government is watching and unable to rein them in. Angry crowds

:40:53.:40:57.

stormed military bases, demanding an end to the lawless brigades,

:40:57.:41:00.

that came after accusations that some had been involved in the

:41:00.:41:05.

attack on the US consolate, and the assassination of the US Ambassador.

:41:05.:41:09.

The Libyan Government vowed to bring them under control, so far to

:41:09.:41:13.

no effect. Among those kidnapped and tortured

:41:13.:41:20.

is one of Libya's best-known brain surgeons.

:41:20.:41:24.

Is that embarrassing for Britain, the UK spent hundreds of millions

:41:24.:41:28.

of pounds on the air campaign that helped overthrow Gaddafi, but did

:41:28.:41:34.

it also help unleash forces that can't now be easily controlled.

:41:34.:41:38.

are concerned, we are working with a Government that is also concerned

:41:38.:41:42.

about it. We are trying to make sure we provide advice to

:41:42.:41:45.

particular ministries, the Ministry of Justice, Interior, defence, in

:41:45.:41:52.

human rights issues. We are training people, and spending money

:41:52.:41:54.

on projects so more people are able to understand human rights

:41:55.:41:58.

principles and putting them in action. We are trying to be

:41:58.:42:01.

strategic with our help, practical in terms of assistance, and we are

:42:01.:42:05.

working with people who recognise, that although they are making some

:42:05.:42:10.

progress, clearly they have many challenges after 40 years.

:42:10.:42:13.

The hope is, that Libya's new Government, appointed this month,

:42:13.:42:19.

after a long period of political uncertainty, can end the abuses.

:42:19.:42:24.

The new Justice Minister is a former human rights lawyer. We need

:42:24.:42:30.

to put an immediate end to all human rights abuses, particularly

:42:30.:42:36.

in Libyan prisons and detention centres. This is a problem that we

:42:36.:42:44.

are facing, we are not shying from it, we are not denying it. We know

:42:44.:42:50.

we have a big prob blems and - problem, and we have the will. To

:42:50.:42:56.

put an end to that. Back in Sunderland, Magdulien

:42:56.:43:00.

Abaida thinks it will be a long time before it is safe for her to

:43:00.:43:04.

go back. Grateful to have been given refuge

:43:04.:43:08.

by the UK, she's going now to pick up the papers that will allow her

:43:08.:43:14.

to stay in Britain. She will be campaigning from here,

:43:14.:43:19.

to end, what she sees, as efforts by Islamic fundamentalists in Libya

:43:20.:43:23.

to roll back women's rights. It is like now we have to control women,

:43:23.:43:29.

we have to hide them, so we can improve. Which is like, it is a big

:43:29.:43:33.

shock for us. The revolution would have been

:43:33.:43:37.

impossible without the work of women, who fed the frontline, and

:43:37.:43:45.

performed many other tasks. Afterwards, some set about

:43:45.:43:51.

empowering themselves to demand a bigger political role too. They

:43:51.:43:55.

were horrified that the rebel leader, Mustafa Abdul Jalil, used

:43:55.:43:58.

his Liberation Day speech to suggest making it easier for men to

:43:58.:44:03.

have more than one wife. This is not why we made the revolution, not

:44:03.:44:07.

for men to marry four women, the revolution was made by women and

:44:07.:44:15.

men, and we wanted more rights, and not to destroy the rights of half

:44:15.:44:20.

of the society. And again, when the female compere at the ceremony to

:44:20.:44:23.

transfer power to the new parliament was heckled off stage

:44:23.:44:27.

for not wearing a veil, and replaced by a man.

:44:27.:44:32.

There have been reports too of women harassed by militias, for

:44:32.:44:39.

sitting at cafes on their own at night. But Libya's always been a

:44:39.:44:43.

conservative society, and though she doesn't live in Libya full-time,

:44:43.:44:48.

activists, Sara Maziq, thinks women are achieving far more now than

:44:48.:44:53.

they could ever under Gaddafi. Currently we have 33 women in our

:44:53.:44:58.

Congress, we have two ministers in our previous transitional

:44:58.:45:00.

Government, and now two ministers in this Government. I think there

:45:00.:45:05.

is a lot of positive signs. I do hold a lot of hope in our new Prime

:45:05.:45:09.

Minister. I know previously he was a humam rights activist. I know

:45:09.:45:12.

that he supports fully women's rights. We need to look at the

:45:12.:45:15.

overall picture, and the overall picture what is happening in Libya,

:45:15.:45:21.

as far as I'm concerned, as a Libyan, is really in some ways a

:45:21.:45:24.

miracle. But Magdulien Abaida can't return to the activism that helped

:45:24.:45:31.

make her a target of the Islamists' wrath. If you went back to Libya

:45:31.:45:35.

now, what do you think will happen to you? They will detain me

:45:35.:45:42.

directly. And then? I don't know. Maybe they release me before, now,

:45:42.:45:48.

if they catch me again they wouldn't release me any more.

:45:48.:45:58.
:45:58.:46:16.

There we are. That's it for now the Turner Prize

:46:16.:46:22.

was won tonight by Elizabeth Price, whose video installation, the

:46:22.:46:27.

Woolworth's Choir of 1979, tells the story of a fire that destroyed

:46:27.:46:37.
:46:37.:47:06.

a city centre store and left ten icey start in Scotland, but only a

:47:06.:47:08.

patchy frost in England, Wales and Northern Ireland. Further showers

:47:08.:47:13.

coming in on the breeze here. Mostly of rain. And very few

:47:13.:47:16.

showers for the east and south-east of England. Let's take a look at

:47:16.:47:21.

things into the afternoon. Showers in North West England, some filter

:47:21.:47:26.

towards the Midland. Increasing cloud. For East Anglia and the east,

:47:26.:47:31.

sunshine here, temperatures not as high as they were today, as seven

:47:31.:47:34.

or eight degrees. Showers across south-west England, is sunshine

:47:34.:47:37.

inbetween. As there will be to showers in Wales. We don't welcome

:47:37.:47:42.

any more rain to the flood-affected areas, at least it is not a

:47:42.:47:45.

constant rain. For Northern Ireland sunshine and showers, with

:47:45.:47:49.

temperatures around five or six degrees, a few showers brushing the

:47:49.:47:52.

far south-west of Scotland. Elsewhere a cold day in Scotland,

:47:52.:47:58.

cloud around an area of rain, sleet and hill know nudging south across

:47:58.:48:01.

northern Scotland. This is the picture for Tuesday into Wednesday.

:48:01.:48:06.

On Wednesday there will be a lot of sunshine around, the fine day but a

:48:06.:48:10.

cold one, across the bulk of the UK. Make the most of all of that, after

:48:10.:48:16.

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