ANNEX B
Letter
from Mr Robinson's solicitors Titmuss Sainer Dechert to the Editor of The
Sunday Times
RE:
GEOFFREY ROBINSON
MP, HM PAYMASTER GENERAL
We act for Geoffrey Robinson.
We have been consulted in connection with an article appearing
on the front page of The Sunday Times of 7 December 1997.
The article was entitled
`Robinson's Bermuda Tax Haven'. It went on to describe, inaccurately,
a transaction involving his shares in Latchuser Ltd and the International
Trust Company of Bermuda.
We are instructed that the
key facts are these:-
1. Mr Geoffrey Robinson has
never had any money, shares or any assets in Trust or otherwise
held in Bermuda;
2. Neither Mr Robinson, nor
his wife nor children are or have ever been beneficiaries of any
Trust in Bermuda or in any way connected with such a Trust.
3. Mr Robinson did sell shares
in Latchuser Limited but he sold them in the UK and was subject
to taxes on them in the normal way. There was no avoidance of
UK tax.
4. Mr Robinson's statement
of 29 November is wholly accurate.
The details are as follows:-
5. Mr Robinson agreed to
sell his shares in Latchuser Ltd for a total consideration of
£262,523 to his brother Noel. Noel and his brother Peter
Robinson wanted to consolidate the ownership of Latchuser Ltd,
a UK registered property holding company, by buying out the minority
shareholders. It was also Geoffrey Robinson's brothers who requested
that Geoffrey Robinson sell to the International Trust Company
of Bermuda and Maxwell Quinn (a lawyer and Trustee) as Trustees
for the Emily Jane Trust, the Watch Hill Trust and the Nu Start
Trust. These trusts were set up by Noel Robinson, Peter Robinson
and Peter's daughter Emily.
6. Neither Mr Geoffrey Robinson,
nor his wife, nor his children, are or ever have been beneficiaries
under these Trusts or in any other way connected with them.
7. Noel, Peter and Emily
Robinson were at the time of the sale by Mr Robinson (April 1991)
and remain non-resident for UK tax purposes.
8. On selling the shares,
Mr Geoffrey Robinson incurred a UK capital gains tax liability
which was dealt with in the normal way. There was no UK tax avoidance
involved.
9. The announced changes
(in 1991) to the tax treatment of offshore trusts could not have
had, and did not have, any consequence for Geoffrey Robinson's
tax position in relation to this transaction.
10. Save for his interest
as a discretionary beneficiary of the Orion Trust, Mr Robinson
has no interest in any overseas Trusts.
The article constitutes
a most serious libel of Mr Robinson, most particularly in the
suggestion that he used a Bermuda Trust as a tax avoidance vehicle
for his own benefit.
Our client requires you,
therefore, to publish an apology, to be published with the same
prominence in all respects as the original piece on the front
page of the Sunday Times on 14 December 1997, correcting these
false and defamatory statements (as the Code requires you to do
anyway) the terms of which should be agreed with us in advance
of publication.
Further, apart from reserving
all of his rights and remedies in relation to the piece of 7 December,
if you persist in publishing ill-informed and defamatory statements
concerning our client, he will launch libel proceedings against
you without further warning.
8 December 1997
Letter
from Mr Robinson's solicitors Titmuss Sainer Dechert to the Editor of The
Observer
RE:
GEOFFREY ROBINSON
MP, HM PAYMASTER GENERAL
We act for Mr Geoffrey Robinson
MP and have been consulted by our client in connection with your
piece of 7 December written by Michael Gillard under the headline
`Robinson Faces Further Offshore Trust Questions'.
The article claimed that
Orion Trust brought nearly £3 million of shares in TransTec
after Mr Robinson became Paymaster General in May and asserted
that Mr Robinson's statement of 29 November 1997, that he was
linked to Orion only as a discretionary beneficiary, was untrue.
Your article then proceeded
thus:-
"The Stenbell Accounts
also reveal another type of tax efficient trust, the Geoffrey
Robinson Personal Settlement".
"Tax experts say this
year's £3 million purchase of shares in TransTec raises serious
questions about the independence of Orion's trustees ... and his
[Mr Robinson's] ability to influence their decisions".
"In his statement a
week ago, he indicated no mention of the £3 million post-election
transaction".
In fact, Mr Robinson's statement
was and remains entirely accurate.
First, the Geoffrey Robinson
personal settlement is not `another type of tax efficient trust'.
It is the name of the UK blind trust created by Mr Robinson on
his becoming a minister totally in line with ministerial procedures
and the advice which he received from the Permanent Secretary.
Mr Robinson pays tax on the income and gains of the blind trust
in the normal way.
Second, you claim that Mr
Robinson's statement of 29 November was untrue because he was
in some way involved in the transfer of TransTec shares to the
Orion trust. Your claim is unfounded:
(a) Mr Robinson did not own
the shares
(b) he has never owned them
(c) he does not own them
now
(d) he was not involved in
the transaction.
The facts, as we are instructed
are these:-
1. In early 1997 the Trustees
of the Orion Trust were informed that 2.95 million TransTec shares
that should have been settled in the trust by the non-resident
settlor had not been so settled. Accordingly our client understands
that a Deed of Addition was entered into on 30 April 1997 whereby
the beneficial interest in those TransTec shares were transferred
to the Trustees of the Orion Trust. The form of transfers themselves
did not take place until after May 1997 at which time the legal
interest in the shares were transferred to the trustees (the beneficial
interest having already been transferred before that time).
2. At no time were the shares
so transferred owned by Mr Robinson, nor did he have anything
other than a contingent interest in them as a discretionary beneficiary
in the Orion Trust.
3. The transfer of the TransTec
shares to the trustees of Orion did not involve our client and
were at the behest of the trustees and the non resident settlor.
4. Our client did not appoint
the trustees of the Orion Trust who act entirely independently
of him and are not controlled, or their decisions influenced,
by him in any way; the trustees of Orion make their own decisions.
You will gather therefore
that the article constitutes a most serious libel of Mr Robinson.
Our client requires you to publish an apology, to be published
with the same prominence in all respects as the original piece,
on the front page of the Observer on 14 December 1997, correcting
the false and defamatory statements contained in your piece (as
the Code requires you to do anyway), the terms of which should
be agreed with us in advance of publication.
Further, apart from reserving
all of his rights and remedies in relation to the piece of 7 December,
if you persist in publishing ill-informed and defamatory statements
concerning our client, he will launch libel proceedings against
you without further warning.
8 December 1997
Statement
by Geoffrey Robinson, Paymaster General
It is well known I have
substantial business interests. On being appointed a Minister,
in line with the past practice of businessmen in Government, I
sought the usual advice.
I have received and continue
to receive much media interest in my financial position, including
an enquiry this weekend which convinces me that there is a danger
of misrepresentation. I am therefore making this statement today.
All my beneficial interests
were declared in line with the Cabinet Office Ministerial Code
and placed in a blind trust on May 7th. The blind trust was drawn
up by my solicitors, Titmuss Sainer Dechert and with advice from,
as is established procedure, the Treasury's Permanent Secretary.
I also informed him that I was a discretionary beneficiary under
a trust established for my family. After advice from the Permanent
Secretary and Titmuss Sainer Dechert I decided in accordance with
their advice that there was no need to include this in the blind
trust arrangements since I was a discretionary beneficiary.
This trust, the Orion Trust,
registered in Guernsey, was an offshore trust created by Madame
Bourgeois a long standing family friend for 20 years. She was
a frequent visitor to our home and regularly spent Christmas and
new year with me and my family. She died in 1994. Madam Bourgeois
was a Belgian National, resident in Switzerland. Therefore there
was no, nor could there have been any UK tax avoidance. Moreover,
at no time have I transferred capital or other assets into the
Orion Trust for tax or any other purpose.
The blind trust I set up
on May 7th includes all my beneficial interests. They include
nearly £18 million of shares in TransTec PLC, the company
I founded in 1981. All tax is paid on dividends received from
these shares and, of course, income tax was paid on my salary
when I was Chairman of TransTec. The rights that arose for me
from the TransTec rights issue in 1996 were bought by Orion Trust
from Stenbell Limited, a company owned by me and to which I had
sold them. These transactions were at the then market value and
the transaction between Orion and Stenbell was on an arms length
basis. I was advised by my lawyers and Wilder Coe my accountants,
that this was a correct procedure. The capital gain for which
I am liable will be taxed in the normal manner.
29 November 1997
|