On this page is just some of the legal action which is being taken against conscientious objectors in the UK, and some which conscientious objectors are taking themselves against the government.
Withholding or diverting tax payments is illegal and those who are driven by their conscience to do so are usually prosecuted. supports and publicises cases where conscientious objectors suffer under the law because of their beliefs. Find out more in I Refuse
Joe Jenkins, a member of the Peace Tax Seven, appeared at a court hearing in Hereford Magistrates Court on 24 January 2005 for refusing to pay taxes that contribute to the war in Iraq. Inland Revenue are taking Joe to Court for his refusal to pay £639.64 - 10% of his latest tax bill - which will help to fund the ongoing military campaign in Iraq. Spending on the war is currently £6 billion. Joe was given 7 days to pay.
"I said my piece and surprisingly the three magistrates retired with great gravitas ‘to consider’. They were out for what must have been 20 minutes! On their return they told me that they acknowledged my deeply held beliefs about war and military expenditure but like all taxpayers I was compelled by law to pay my taxes into a central fund."
So much for the magistrates' acknowledgement! Joe is still required by law to pay for British soldiers to kill Iraqis. 'In matters of conscience, the law of the majority has no place', as Gandhi said some while ago.
Seven conscientious objectors are preparing to take the Government to court for denying their human rights. The group, the Peace Tax Seven, have all withheld the military portion of their taxes because their consciences will not allow them to fund killing. Some have been to court for non-payment of taxes - only to see their defences ruled out. One was told that their defence was logical, but not legal. Find out more at www.peacetaxseven.com
They have engaged Public Interest Lawyers to act on their behalf in seeking a Judicial Review of the current laws. These make conscientious objectors complicit in killing if they do their civic duty and pay their taxes, or make criminals of them if they follow their conscience and refuse to fund war.
They intend to seek a "pre-emptive costs order", which would limit their liability for the Government's costs should the case go against them. Such an order has only been granted once before, when Phil Shiner of Public Interest Lawyers successfully argued that CND's attempt to stop the government going to war in Iraq was in the public interest and could only proceed if such an order were granted.
Even if a pre-emptive costs order is obtained, the case is likely to cost the conscientious objectors tens of thousands of pounds and they are currently working on plans to raise funds for the case. The process of seeking and carrying out a Judicial Review is likely to take many months and conscience will be working to support the Peace Tax Seven with their publicity and fundraising efforts throughout this time, including raising the issue in parliament.
Once the Judicial Review process is completed, conscience will be working with our parliamentary supporters to put a Bill before the House of Commons. Even a successful Judicial Review is likely to confirm the view that there is no legal way for conscientious objectors to divert their taxes away from military expenditure. This would greatly strengthen the case for a change in the law and for this reason we are putting back the Bill we originally planned for this spring.
After being ordered by Magistrates in Chippenham to pay his outstanding tax, Robin Brookes has continued to withhold payment until he receives an assurance his taxes will not be used for military purposes. He tried and failed to pay the military part of his taxes, over £600, to the Global Conflict Prevention Pool by taking an oversize cheque along to his local tax office - but he got a lot of publicity.
A distress warrant was sought by Inland Revenue and now Robin is waiting for the bailiff to visit - but he's ready for them. On a large board in the hallway he has pinned his outstanding tax in crisp £10 notes, along with notices saying, for example 'Every 10 seconds Britain spends this much on occupying Iraq.' to a display board for the bailiff to take. He has also alerted the local media, who are ready and waiting with a camera to come and catch the moment the bailiff arrives. What a fantastic way to make the bailiff face up to exactly what they are collecting money for.
War Resisters International were in City of London Magistrates Court on 9 February 2004. They have been withholding £466.31 of income tax payments at the request of their employees. They explained their reasons for withholding to the court and stated in their defence that their employees' human rights were being violated. Although the magistrates deliberated for roughly 15 minutes, they did not take any of WRI's arguments into account. They declared that nothing could be gained by adjourning the case in order to have a full hearing, which could include a legal discussion on human rights, and issued an order to pay.
Legal action continues in other areas too. In February 2004 a distress warrant was applied for against Birgit Voellm in Manchester, and Sian Cwper in Wales is expecting to be called to court soon.
There are also several other cases of war tax resistance that we are aware of, and no doubt many more we are unaware of, where people have withheld an amount of tax, only to find that the payments on account they had previously made come to a higher total than the tax due for that period. So they are actually owed money by Inland Revenue. "I must be the only person in Sheffield to be crestfallen at the arrival of a tax rebate" said Simon Heywood.
It just goes to show that war tax resistance is not a straightforward or stress-free process. Contact us if you would like any advice or more information.
