The perils of non-compliance

Ireland and America are suffering the same problem with their contentious taxes.

A flat tax, levied on milllions of people matching a basic selection criteria, is being fought vehemently. Although non-payment is ostensibly illegal, in practice it is unlikely to result in any real punishment. This in turn could result in a major headache for the government. Am I talking about Dublin or Washington? Both, obviously.

The Irish property tax is the subject of a massive campaign of non-payment. At the first deadline for registration, last Saturday, only half of Ireland's 1.6 million households had registered to pay. There will be many more waves of deadlines, threats and posturing before it comes but the theoretical end-point is jail.

Clearly, that isn't going to happen to 800,000 homeowners. But what other possibilities do the government have? They can't afford – politically or finanically – to back down. The expected year-one revenue of €160m is too much to turn down and in a country seems to have taken all the austerity it can bear, a moment of weakness could well mark the end of the project.

The government may simply hope that attrition (and increasingly scary letters) will reduce the number of holdouts. It is possible to jail a few thousand people in a way that it isn't with a few hundred thousand.

But they then have a further problem, in that they are "only" fighting over around €80m. If they still want to come out on top financially, they can't go for expensive measures of coercion. For instance, it costs over €75,000 to keep a prisoner in jail for a year; if each holdout manages to take up just five hours of a civil servants time, then at the average wage, they would cost the government more than they owed.

As a result, any enforcement the government does will have to be enacted on the cheap, which won't be easy given the scale of the problem.

On the other side of the Atlantic is a tax that nobody wants to admit is a tax. The Affordable Care Act – Obamacare to its detractors – imposes a $695 charge on anyone who fails to purchase insurance. This individual mandate is the subject of a supreme court hearing which is baffling many economists – because it really is all in the name.

The constitution, after nearly 250 years of interpretation, allows for the imposition of taxes by Congress for pretty much any reason it sees fit. There are still limits to the legislature's power, but it is universally agreed that if the individual mandate were a tax, it would be legal. In fact, the Republican alternative to the act is essentially just that, except instead of imposing a tax on those who don't buy insurace, it gives a tax credit to those who do. In fact, the credit, which is over $2,000, imposes a far bigger penalty on non-purchasers than Obama's plan.

The administration knows how unpopular new taxes are, however, so it is refusing to call it one. And the opposition is playing along, because they know that their best chance to get the bill overturned involves pretending that the new tax is a fine along with the government. And so the court case continues.

That's not the only strange political compromise in the bill, though. In the one measure that supports the claim that the mandate is not a tax, there are no legal penalties for non-compliance. The IRS, which administers the charge, is able to send threatening letters, but ultimately non-payment means nothing.

Even more worrying for the admistration is the fact that the charge is actually far too low to do what it is meant to do. Its implementation is due to the fact that Obamacare requires insurers to take anyone who asks, and cover all pre-existing conditions; but this led insurers to fear that people would remain insurance-free until they got ill, then buy healthcare until they got better. If this were the case, health costs would shoot up, and everyone would be worse off.

Hence, people are penalised for not buying insurance even if they are healthy. All well and good, no?

Not quite. Health insurance is really expensive. That's what got the US into this mess in the first place, after all. $695 a year is actually less than almost every insurance package currently on the market, so the fear for many is that healthy young people will take a decade of paying the charge (or not paying it, if they have the courage), then join up when they get ill. If that happens too much, then insurance premiums will rise further – making that course of action even more appealing.

As President Obama and his Irish counterpart Enda Kenny are learning, making people do what you want them to is hard.

Barack O'Bama: The president with the Irish Taoiseach, Enda Kenny. Credit: Getty

Alex Hern is a technology reporter for the Guardian. He was formerly staff writer at the New Statesman. You should follow Alex on Twitter.

Photo: Getty Images
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The future of policing is still at risk even after George Osborne's U-Turn

The police have avoided the worst, but crime is changing and they cannot stand still. 

We will have to wait for the unofficial briefings and the ministerial memoirs to understand what role the tragic events in Paris had on the Chancellor’s decision to sustain the police budget in cash terms and increase it overall by the end of the parliament.  Higher projected tax revenues gave the Chancellor a surprising degree of fiscal flexibility, but the atrocities in Paris certainly pushed questions of policing and security to the top of the political agenda. For a police service expecting anything from a 20 to a 30 per cent cut in funding, fears reinforced by the apparent hard line the Chancellor took over the weekend, this reprieve is an almighty relief.  

So, what was announced?  The overall police budget will be protected in real terms (£900 million more in cash terms) up to 2019/20 with the following important caveats.  First, central government grant to forces will be reduced in cash terms by 2019/20, but forces will be able to bid into a new transformation fund designed to finance moves such as greater collaboration between forces.  In other words there is a cash frozen budget (given important assumptions about council tax) eaten away by inflation and therefore requiring further efficiencies and service redesign.

Second, the flat cash budget for forces assumes increases in the police element of the council tax. Here, there is an interesting new flexibility for Police and Crime Commissioners.  One interpretation is that instead of precept increases being capped at 2%, they will be capped at £12 million, although we need further detail to be certain.  This may mean that forces which currently raise relatively small cash amounts from their precept will be able to raise considerably more if Police and Crime Commissioners have the courage to put up taxes.  

With those caveats, however, this is clearly a much better deal for policing than most commentators (myself included) predicted.  There will be less pressure to reduce officer numbers. Neighbourhood policing, previously under real threat, is likely to remain an important component of the policing model in England and Wales.  This is good news.

However, the police service should not use this financial reprieve as an excuse to duck important reforms.  The reforms that the police have already planned should continue, with any savings reinvested in an improved and more effective service.

It would be a retrograde step for candidates in the 2016 PCC elections to start pledging (as I am certain many will) to ‘protect officer numbers’.  We still need to rebalance the police workforce.   We need more staff with the kind of digital skills required to tackle cybercrime.  We need more crime analysts to help deploy police resources more effectively.  Blanket commitments to maintain officer numbers will get in the way of important reforms.

The argument for inter-force collaboration and, indeed, force mergers does not go away. The new top sliced transformation fund is designed in part to facilitate collaboration, but the fact remains that a 43 force structure no longer makes sense in operational or financial terms.

The police still have to adapt to a changing world. Falling levels of traditional crime and the explosion in online crime, particularly fraud and hacking, means we need an entirely different kind of police service.  Many of the pressures the police experience from non-crime demand will not go away. Big cuts to local government funding and the wider criminal justice system mean we need to reorganise the public service frontline to deal with problems such as high reoffending rates, child safeguarding and rising levels of mental illness.

Before yesterday I thought policing faced an existential moment and I stand by that. While the service has now secured significant financial breathing space, it still needs to adapt to an increasingly complex world. 

Rick Muir is director of the Police Foundation