Presumably the HMRC are clamping down more on creative tax avoidance schemes, given that this scheme has been found to be not permitted?
(Haven't read the DM link)
How can schemes exist? Because governments want to encourage investment in certain areas, so give them tax breaks. Which then highly skilled tax specialists exploit. So the easiest way to not have them exploited is not to create them in the first place, or pay HMRC people high enough to get the really good tax specialists working for the HMRC not on the other side.
But: tax avoidance isn't illegal (tax evasion is). Anyone who invests in an ISA is involved in tax avoidance. So then tax avoidance is on a line, and you can put the break between what is acceptable and what isn't morally anywhere you like really.