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16th October, 2000 - That was the week that
was - the Judicial Review
That was the week that was - the Judicial Review
As members of PCG and many others will now be aware, the High
Court granted the PCG permission to have IR35 judicially reviewed
on three counts:
- illegal state aid;
- breach of right of establishment and
- de facto confiscation of property.
The case attracted so much attention because the Government
(via the Inland Revenue) decided to contest the PCG's assertion
that there was an arguable case. Normally both sides wait for
the actual review before stating their case, but the Revenue
made a lengthy presentation aimed at preventing PCG from getting
off the starting blocks.
In the event, the Government's assertion that it was about
individual, rather than company tax, was dismissed as 'artificial'.
Nevertheless, despite the courts having ruled one way, the 'spinners'
are continuing to push this line. Even though the media itself
is beginning to see the fallacy in this line. Particularly noteworthy
is an article by Evening Standard columnist, Anthony Hilton,
who questioned the Government's motivation and commitment to
small business;
Here
Members of the PCG are continuing to pen individual responses
to much of the misinformation and criticism to counter the spin
being used against the contractors. The PCG forums are being
used to co-ordinate the information and effort.
The next stage of the judicial review is likely to be a full
hearing in February 2001. In the meantime, the PCG is continuing
to gain support from contractors who want to be associated with
the only body that represents their interests. For a few days
last week, PCG was taking new members at the rate of one every
ten minutes.
PCG fighting on all fronts
Despite the upsurge in interest the PCG intends to continue
the fight against IR35 on multiple fronts: politically, legally
and commercially.
PCG has always argued politically that it is unfair and unworkable
- and we will continue to campaign to politicians of all parties
to get that message across loud and clear. PCG has always intended
to fight it legally through the judicial review and to force
case law which is relevant to the flexible, knowledge-based
economy of the 21st century. And the PCG and its members will
continue to educate and persuade clients and agents that there
are commercial benefits for all parties by creating relationships
outside the IR35 provisions.
For more information, see;
Here
Sir John Harvey-Jones to address first PCG conference
The PCG is holding its first agm and annual conference on Saturday,
October 28, 2000 in Birmingham. The key note speaker will be
industrial guru and television's 'Troubleshooter' Sir John Harvey-Jones.
The AGM will start at 10.15 am. The conference will follow
and will transfer the 'virtual' format which has been the hallmark
of PCG since its formation, to the 'real' world. The programme
is planned to allow considerable time for dialogue and debate
among members, directors and suppliers - and a round-up session
which will discuss the direction for PCG's future development.
There will also be a dinner to follow the conference with a
political speaker. Places are still available and we hope many
members will take the opportunity to participate 'in the flesh'
in this important step in PCG's progress;
Here or mail
us
PCG at British Business 2000, Olympia, 19-21 October
Come and see us in our first major public appearance at stand
2, Olympia this week. We will be signing up new members and
promoting the wide range of skills of PCG members to business
owners.
If you want to help run the stand for a few hours and for
further information see;
Here
Breakfast Seminars
A short report of the first client Breakfast Seminar is now
available to members;
Here
Despite a number of last minute cancellations the message
was well received and the feedback from clients was overwhelmingly
positive. We will be running a second seminar on 23rd November.
Susie Hughes (Head of Executive Services)
This newsletter is published by the Professional Contractors
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