Gordon Brown has been proposing for a while to get hold of any money we have lying in ‘dormant’ personal bank accounts, and spend it on youth and community projects.
This is not a new proposal. He first mentioned it in the pre-Budget Report of 2005, and I wrote about it at the time. The idea is to target money in account that haven’t been used for the past fifteen years.
There is something deeply worrying about this proposal. At its most basic level, it is an assault on property rights. If I wish to leave my money sitting in a dormant bank account for over fifteen years, I do not see why that should entitle the Government to swoop down and take it. And no, it doesn’t matter that the Government is trying to reassure me that I can still reclaim it, even after the Treasury has taken it. That does not make a difference to the fact that the Government has helped itself to my property without my permission.
In addition, it doesn’t matter that the money is to be spent on youth projects, and such ‘good causes’. That is nothing short of emotional blackmail, trying to paint the owner as a selfish dog in a manger who has no use for the money, but doesn’t also want the well-intentioned Government to spend it on deserving and vulnerable people. Or even worse than emotional blackmail, one can compare the Government’s proposed actions to those of a thief who breaks into your house and steals your goods, but it’s alright because he’s only going to give it to the poor.
The point is that it doesn’t matter how the Government spends it. So-called good intentions do not legitimate the act of theft.
The Government will argue that it is not stealing the money because an account owner can still reclaim it if they want it back. But that’s not the point. Why should one be required to take positive action to recover their property? And for those who may not realise that they have some money in a long-forgotten account, the Government’s appropriating of that money is nothing short of theft. They cannot, after all, claim back money that they had forgotten they owned.
Some people may argue that if you cannot remember that you have some money sitting in an account, then perhaps you don’t really need it, and the Government should spend it as they wish. I disagree. That is a dangerous proposition. Property rights should not be qualified in that manner. The fact that you do not make active use of your property should not disentitle you to ownership. For example, the land law provisions under which squatters sometimes acquire rights to property are so tightly drawn because the law recognises that depriving a land owner of his property is not to be done lightly.
To my mind, there is a worrying philosophical issue at the root of this proposal, and this is that the State’s rights to our income and property extend beyond what it may lawfully collect through the conventional laws of taxation. This proposal seems to me to be saying ‘we have the right to take your property, unless and until you show us that you need it.’ This changes the relationship between us and the State. Rather than us yielding up our income, it is the State taking it as of right.
But why should I be surprised by this? As a lecturer in financial law, I have been watching intently as the language of the tax code has changed over the years since Labour came into office. Tax avoidance laws are framed in aggressive language, and even when reliefs are given, they are framed in such language as to leave one in no doubt that the Government sees it as bestowing unto us from its largesse, rather than giving back to us that which we gave it in the first place. Against this ideological framework, I suppose that the current proposals should not surprise us at all.
