Non-Domestic Rating (Multipliers and Private Schools) Bill

(Limited Text - Ministerial Extracts only)

Report stage
Tuesday 18th March 2025 Lords Chamber

[Baroness Pinnock (LD)]

My Lords, I remind the House of my relevant local government interests, in particular that I am a councillor in Kirklees. At the outset, I wish to express my thanks to the Minister and his officials for their time in discussions on the details of the Bill. I had assurances at those meetings that the measures in the Bill are not designed to increase business rates revenue, although that ignores the consequence of the Bill that, for RHL—retail, hospitality and leisure—businesses, Covid relief disappears, and the difference is partly funded by those businesses. Importantly, the Minister also confirmed that local government funding in totality would not be affected and that, “as far as is practicable”, no individual council would find itself worse off as a result.

What is unfortunate, though, is that the Government have been unable to share the basic assessment that must have taken place to provide the assurances given. Thus there is no clarity about the impact of these changes on individual properties—hence Amendment 1 and consequential Amendments 9, 10 and 17 in my name and that of my noble friend Lord Fox, which seek to understand the impact of the changes on the NHS.

The useful information shared by the Minister from the Valuation Office Agency shows that 290 NHS hospitals will be caught by the new £500,000 threshold. Given that the standard multiplier is currently 0.546, or 54.6 pence, in the pound and the Bill enables the multiplier to increase to 0.646, or 64.6 pence, in the pound, for these higher-band properties, this will cost those hospitals dearly.

I warned the Minister that his failure to provide examples would mean that I did the calculations. For example, the Great Ormond Street Hospital for Children has a rateable value of £5.9 million, and its business rates costs will rise from £3.2 million to £3.8 million, an additional burden of £600,000 per year on business rates alone. The John Radcliffe Hospital in Oxford has a potential business rates increase from £3.4 million to £4.1 million. Going further north to my own county of Yorkshire, the Hull Royal Infirmary could see its bill rising from £1.8 million to £2.1 million. Those are typical figures for hospitals across the country. I do not believe that it is the Government’s intention to reduce hospitals’ ability to drive down waiting lists, yet that will be the impact of these changes and the consequent higher charges.

Amendment 1 seeks to exclude hospitals from the higher threshold multiplier to prevent a further burden of taxation falling on the NHS. The Minister will, I am sure, want to comment on the fact that, while NHS hospitals will see a huge rise in their rates, about one-third of private hospitals have charitable relief of 80% of their rates. He will no doubt say in his reply that it is not possible to allow exclusions to the Government’s scheme, but that just demonstrates that the whole business rates system is no longer fit for purpose, because the rateable values on which it depends are inevitably higher in cities and urban areas, while distribution warehouses benefit in rateable terms from being out of town. The whole system is topsy-turvy.

The Government’s express purpose was to tax those fulfilment warehouses more to help save our high streets—in their words. They failed to say that this will also clobber our NHS. That will not do. Hospitals must be excluded from the higher multiplier. I beg to move.

[Baroness Scott of Bybrook (Con)]

My Lords, first, I declare my interest as a vice-president of the Local Government Association. The amendments in the name of the noble Baroness, Lady Pinnock, seek to retain the standard multiplier for healthcare hereditaments. They address the unintended consequences of the Bill, as we have heard very strongly from the noble Baroness.

As mentioned in Committee, I understand the desire for a reformed business rate system and, indeed, if such a system were proposed, I would be more inclined to support it. But despite the Government’s manifesto commitment to level the playing field between the high street and the online giants, the Bill does not deliver on that. I understand that this is only the first step in the Government’s plans, as I am sure the Minister will point out, but it is not a step in the right direction.

A number of sectors will be negatively affected by the changes proposed in the Bill, including anchor stores, which we will debate shortly. The Liberal Democrats are seeking to protect our hospitals and our health sector, as we have heard. The Government are doing the opposite by giving to the NHS with one hand and taking away with the other. I hope the Minister will look favourably on these amendments, but if the Liberal Democrats choose to divide on this issue, we will support them.

[The Parliamentary Under-Secretary of State, Ministry of Housing, Communities and Local Government (Lord Khan of Burnley) (Lab)]

My Lords, these amendments seek to remove healthcare hereditaments, including medical and dental schools, from the higher multiplier.

Throughout the passage of the Bill, the Government have explained the importance of taking a sector-agnostic approach with regard to the application of the higher multiplier. This is the fairest approach to ensure that the Government can sustainably fund the lower multipliers. In Committee I set out that of the 16,780 properties at or above the £500,000 threshold, based on the current rating list, only 350 are in the health sub-sector. Of these, 290 are NHS hospitals and only 30 are doctors’ surgeries or health centres. These numbers are rounded to the nearest 10.

This Government fully support the healthcare sector. Our great National Health Service, which has delivered universal healthcare for nearly 80 years, is something the Government are extremely proud of. We recognise that the NHS needs support and reform to ensure that it can continue to deliver world-class healthcare to all for the next 80 years and beyond. The noble Baroness may feel that I do not appreciate her point, but I assure her that I do. This Government want to create an environment in which the healthcare sector can thrive. As I have set out, the impact on this sector is limited and where it does apply, much falls to the public sector.

The noble Baroness will be aware that phase 2 of the spending review is currently under way, following the fixing of the spending envelope at the Autumn Budget. As part of setting departmental budgets at the spending review, the Government will consider the full range of priorities and pressures facing departments. This includes considering any impact of the higher multiplier.

I am sure noble Lords appreciate that I cannot pre-empt the outcome of the spending review, but I reassure them that the impact of the higher multiplier on the public sector is an active consideration. The immunity of the Crown from business rates was removed 25 years ago and since then all of the public sector has been on the same footing as business. The Government are not going to reverse this position, which was intended to drive fairness between the public and private sectors and the most efficient use of property in the public sector. For these reasons, I cannot accept the noble Baroness’s amendment and I respectfully ask her to withdraw it.

[Baroness Pinnock (LD)]

My Lords, I thank the Minister for his response, which, I am afraid, was much as predicted. I really do not know how a Labour Minister can say that the Government are agnostic about our NHS. You can be agnostic in approach, but surely not about the NHS. The Minister said that they are taking an agnostic approach to the sector, but that includes agreeing that our NHS will be clobbered by even higher rates bills than it has now, while some private hospitals have the 80% charitable relief. That will not create the level playing field that he talked about.

On these Benches, we are determined to support our NHS to enable it to push down waiting lists. Given that the Minister was unable to give me any hope that there will be a change of heart, I beg leave to test the opinion of the House.

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15:50

Division 1

Ayes: 272

Noes: 157

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[Lord Jamieson (Con)]

My Lords, I declare my interest as a councillor in Central Bedfordshire. I will speak to the amendments in the names of the noble Earl, Lord Lytton, and the noble Lord, Lord Thurlow.

Amendments 2 and 11 are broad amendments that seek to retain the standard multiplier for all retail, hospitality and leisure hereditaments, rather than them facing higher business taxes. The noble Earl, Lord Lytton, is right to raise the issue of higher taxes on RHL businesses above the £500,000 threshold, as the Government’s stated policy intentions are not reflected in the reality of this Bill. We share similar concerns about the impact that this will have on high streets, which is why my noble friend Lady Scott of Bybrook has tabled an amendment to protect anchor stores and I have tabled an amendment on the cliff-edge effects of the £500,000 threshold.

Amendment 32 in the name of the noble Lord, Lord Thurlow, seeks to introduce a review of the introduction of a specific use class that targets businesses that operate solely out of fulfilment warehouses—the Amazon tax. The Bill does not deliver on the Government’s manifesto commitment to ensure that online giants are paying their fair share of business rates. Indeed, we expected this Amazon tax to be introduced through this Bill, and it is disappointing that the Government have not delivered anything close to such a reform in this legislation. As such, we will support the amendment from the noble Lord, Lord Thurlow, should he choose to press it.

[Lord Khan of Burnley (Lab)]

My Lords, I thank the noble Lord, Lord Thurlow, and the noble Earl, Lord Lytton, for a very constructive and positive meeting yesterday. This group of amendments seeks to amend the approach taken in the Bill regarding the targeting of the higher multiplier. They would require the removal of qualifying retail, hospitality and leisure from the higher multiplier and commit the Government to undertake a review of the merits of creating an additional multiplier and use class for fulfilment centres of retailers that do not have a material presence on our high streets. As set out at the Budget, the Government intend to introduce a permanent tax cut for qualifying RHL properties from 2026-27 by introducing two lower RHL multipliers for these properties that have a rateable value below £500,000. The Bill makes provision to enable this through secondary legislation.

In consideration of the challenging fiscal environment that this Government face, it is important that the permanent tax cut is funded sustainably, which is why the Government intend to introduce a higher multiplier to fund the tax cut from within the business rates system. It is the Government’s intention for the higher multiplier to apply to all properties with a rateable value of £500,000 and above. This ensures that sufficient funding is raised to enable the Government to provide that permanent tax cut for RHL properties with rateable value below £500,000. I thank noble Lords here today for their contributions on this topic.

The Government recognise that a small number of RHL properties fall above the £500,000 threshold. However, the helpful information published by the Valuation Office Agency shows that this is comparatively small. As per the current rating list, of the 16,700 properties in England with a rateable value at or above the £500,000 threshold, a little over 3,000 fall into the shops subsector. There is more behind this: of those falling into this subsector, around 72% are supermarkets, large food stores or retail warehouses. That leaves fewer than 1,000 stores, of which around 600 are located in London and the south-east. For most other regions, the number of shops affected is fewer than 50.

A similar pattern is present when looking at hospitality and leisure sectors. That data also shows that 670 hereditaments fall into the assembly and leisure subsector, of which 380 are located in London and the south-east. Only 550 fall into the hotels, guest and boarding, and self-catering subsector, of which 450 are located in London and the south-east. So the impact is not widespread when it is considered that there are over 450,000 shops; over 80,000 hotels, guest and boarding, and self-catering properties; and over 180,000 assembly and leisure properties with a rateable value below the £500,000 threshold. It is imperative that any tax cut is funded sustainably, so the Government do not intend to remove any properties from the higher multiplier.

Against the challenging fiscal environment, the Government have to take tough decisions. This is the fairest approach that ensures a sustainable solution to ensuring that the permanent tax cut for RHL properties can be funded from within the business rates system. For these reasons I cannot accept the amendments from the noble Earl, Lord Lytton, and I respectfully ask him not to press them.

I turn to Amendment 32 from the noble Lord, Lord Thurlow, and I appreciate his interest in Burnley warehouses. This amendment also concerns the new multipliers and how we might target online retailers that operate from large distribution warehouses and tend not to have a presence on the high street. This matter has attracted interest not just during the passage of the Bill but in the course of several reviews of business rates over recent years.

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[Baroness Pinnock (LD)]

Before the Minister sits down, at the beginning of his response to the amendment moved by the noble Earl, Lord Lytton, he said that there would be a permanent business rates cut for RHL businesses. Yet, the House of Commons Library briefing states that the British Property Federation said in written evidence to the Public Bill Committee that there would be an increase in total business rates liability of £2.6 billion. Can the Minister explain that?

[Lord Khan of Burnley (Lab)]

My Lords, yes, I can explain that, because we are talking in particular about the retail, hospitality and leisure sector. The point is very clear. We cannot have a system where every year businesses do not know what their business rates bill is going to be. Over the years—I accept that there has been Covid—we have not had a long-term approach to this. This is part of a wider reform of the whole business rates system. I am sure that the noble Baroness will understand that having a multiyear approach to this will provide more certainty and stability for businesses, which will know what their bills will be. The higher £500,000 threshold properties, which amount to 1%, are supporting the retail, hospitality and leisure sector, in particular, across the country.

[The Earl of Lytton (CB)]

My Lords, I am grateful to all noble Lords who have spoken to this group—and in particular my colleague on these Benches, my noble friend Lord Thurlow, for introducing his amendment.

I appreciate that the Minister has effectively gone as far as his brief permits, but I hope he realises that there is a serious job of work that needs to be done. A reforming Government who come in with a manifesto commitment need to do something better than shuffle the chairs on the deck of a ship that appears to have a very large hole in it, as far as I am concerned.

Before I conclude, I will make three or four comments. If the full 10% supplement is applied on top of—I paraphrase —a 55p in the pound multiplier, that is getting on for 20%. Maybe it is 18%—I have not done the maths—but it is a very substantial proportionate increase. On the Minister’s own admission, it serves to disadvantage what he regards as a “very few”, for the uncertain and, indeed, undetermined benefit of what we take to be numerous smaller fry.

We do not know how that is going to work out, as we have explored in previous stages of this his Bill. It does not target the high street; it does not target it with that benefit, at least not obviously so. For all the hospitals, police stations, theme parks, offices and manufacturing units, along with the distribution network of large warehouses serving conventional retail, it will just result in higher costs to consumers, including, indirectly, via local authorities owning leisure centres and installations of that sort.

So the problem does not go away just because the Government have found the least painful strategy for dealing with these things. I think we will be seeing the ill-effects of this for some time to come, not least in the attrition of confidence of which I spoke earlier. However, with that said, I do appreciate what the Minister has done and his willingness to engage and again thank all noble Lords for their contributions. I beg leave to withdraw Amendment 2.

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Moved by

[Baroness Scott of Bybrook]

3: Clause 3, page 3, line 27, after “more,” insert “and is not an “anchor store”,”
Member’s explanatory statement
This amendment, along with others in the name of Baroness Scott of Bybrook, seeks to exempt anchor stores because of their role in increasing footfall on the high street.

[Baroness Scott of Bybrook (Con)]

My Lords, I rise to move Amendment 3 in my name and to speak to its consequential Amendments 8, 12 and 16.

These amendments seek to retain the standard multiplier for anchor stores, given their ability to drive business on our high streets. Throughout Committee, there were several noble Lords who acknowledged the importance of these stores and the role they play in the commercial ecosystem of our high streets up and down this country. I thank the noble Lord, Lord Thurlow, and the noble Baroness, Lady Pinnock, for their support on this matter.

As anyone who has worked in local government will know, when you get an anchor store such as a large Tesco, M&S or Primark—or one of those rare but well-loved independent department stores—on the high street, it allows the high street to flourish. I can certainly attest to that from my experience. The importance of these stores absolutely cannot be overstated. Without them, many high streets would seriously suffer due to the reduced footfall.

It is those very shops that draw people to the high street, and their presence encourages people to spend in the smaller, independent businesses. So the reason that these anchor stores should not be subject to the changes in the Bill is due to their role in aiding those small businesses. The Government claim that the Bill helps small businesses because it will leave them with reduced business rates, but if the anchor stores move away from the high street, they will not be able to sustain themselves at all. The Minister has many times continued to state that there are only a few of these stores in number, but if it is your high street that contains one of these, or if you want to bring one into your high street, then it is very important to you.

Not only will this push current stores away from the high street, but it will also mean that in future, when businesses are evaluating where to open new branches, they will be increasingly likely to choose locations out of town, where property costs less and where they will not be forced to pay the new higher multiplier. Large businesses will leave town centres, and I am concerned about the impact that that will have on the future of our high streets and the reduction in footfall that it will cause.

If the Government continue to increase costs on businesses in the same way as they have begun, there will not be any businesses left on our high streets to tax. The combination of the minimum wage, which we support, and the increase in employers’ national insurance has already led to many businesses increasing their costs or reducing their head count. This may well not be the most costly tax they face, but it could end up being the straw that breaks the camel’s back.

My amendments would give the Treasury the power to define specifically what an anchor store is. I am sure we are all aware that it is not the easiest term to specify, as the Minister mentioned in Committee. I understand that it might be difficult but, with the input of or indeed the discretion for local authorities included, I am sure the definition can easily be reached.

In order to safeguard our high streets, we must protect the businesses that allow them to thrive. We understand the need to create a more fair and equitable system, but that is not what the Bill promotes. As such, we are highly concerned about the consequences, whether intentional or not, that it will have.

I look forward to hearing from the noble Lord, Lord Fox, on the topic of manufacturing. It is a sector of huge importance and must be protected.

I hope the Minister will recognise the importance of exempting these stores and will accept these amendments. If he does not, I intend to test the opinion of the House.

[Lord Shipley (LD)]

My Lords, I support the amendment by the noble Baroness, Lady Scott of Bybrook. The issue of anchor stores seems fundamental in increasing footfall into traditional shopping centres, and it is right that there should be a power to exempt those anchor stores from higher rates.

One note of caution that I want to mention is that a Government would need to ensure that there was not a tendency by landlords to try to increase rents in the face of lower business rates. I am sure there are ways in which that can be done. Where councils are the landlord then they would have control of that, but when the landlord is in the private sector we need a mechanism to ensure that that can be done—and it should be done. If the noble Baroness decides to test the opinion of the House, I am sure she will have the support of these Benches.

The noble Baroness, Lady Scott, mentioned Amendment 4 on manufacturing. My noble friend Fox is in another meeting in the House at this very minute, so I will be saying a few things about that amendment. It is important that something is done to support the manufacturing sector. There has been a drop in confidence in the sector since the autumn. There is a big increase in manufacturers’ costs. Reductions in markets, making business development more difficult, have become very clear. Orders in general are reported to be smaller in size. The Brexit impact urgently requires a reset with the European Union. Manufacturing industry has high energy costs, and there are now concerns surrounding tariffs which are affecting confidence.

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[Lord Thurlow (CB)]

My Lords, I add my support to the important comments from the noble Baroness, Lady Scott of Bybrook. The importance of anchors cannot be overemphasised, particularly in smaller towns. We all know a shopping centre near where we live, and not a brick of development for that shopping centre would have been laid if it was not for a pre-let to an anchor.

It is important to explain that. They do not just create the footfall for the retailers generally—which of course they do—but they also catalyse the funding for the developer to build it. They are the anchor. They are the golden goose for the high street. Taxing them more simply risks losing them. The damage to society locally in losing them will be difficult to restore, and social cohesion will suffer. I strongly support the amendment from the noble Baroness, Lady Scott, and will support it if it goes to the vote.

[Lord Khan of Burnley (Lab)]

My Lords, these amendments seek to remove anchor stores from the higher multiplier. They also seek to expand the cohort of hereditaments that qualify for the lower multipliers by bringing manufacturing properties into scope alongside qualifying retail, hospitality and leisure.

As set out at the Budget, the Government intend to introduce a permanent tax cut for qualifying RHL properties from 2026-27 by introducing two lower RHL multipliers. The Bill makes provision to enable this through secondary legislation. In consideration of the challenging fiscal environment that this Government face, it is important that the permanent tax cut is funded sustainably, which is why we intend to introduce a higher multiplier to fund the tax cut from within the business rates system. It is the Government’s intention for the higher multiplier to apply to all properties with a rateable value of £500,000 and above. This ensures that sufficient funding is raised to enable the Government to provide that permanent tax cut for RHL properties with rateable values below £500,000.

I thank noble Lords for their contributions on this topic. As she did in Committee, the noble Baroness has set out the important role that anchor stores play on our nation’s high streets. We have heard that they are a linchpin, that they drive footfall and that they help support the broader high street ecosystem by attracting other businesses. The Government recognise this and the information published by the Valuation Office Agency shows that a relatively small number of shops fall above the £500,000 threshold. In my response to the debate on the previous group, I set out that the impact on shops is not widespread. I will not repeat those numbers here.

Furthermore, anchor stores are often part of large retail chains that will also have a number of properties with a rateable value below £500,000 and, in the case of those properties, will benefit from the lower RHL multipliers. Moreover, whereas RHL relief is currently limited to a cash cap of £110,000 per business, the Government intend to have no such limit on the new RHL multipliers to better ensure more widespread support for the high street.

On the amendments tabled by the noble Lord, Lord Fox, the impact of this Bill on the manufacturing sector has been a recurrent theme throughout its passage. In the other place, the Government heard calls for manufacturing to be included in the cohort qualifying for the lower multipliers, citing the threat of tariffs, our isolation from our neighbours and growing competition from other countries. These amendments would bring manufacturing properties with a rateable value below £500,000 into scope of the lower RHL multipliers.

Noble Lords are aware of the difficult task that this Government face. The current fiscal backdrop is challenging and, in this context, I hope they understand that widening the scope of the properties qualifying for the lower multipliers, as well as taking properties out of scope of the higher multipliers, as these amendments seek to do, is likely to dilute the support that the Government are able to provide to RHL properties with a rateable value below £500,000.

Throughout the passage of the Bill, the Government have emphasised our desire to ensure that we move to a fairer, rebalanced and sustainable business rates system. We have been clear that any tax cut must be sustainably funded. To expand the cohort and number of properties qualifying for the lower multipliers while reducing those to which the higher multiplier will apply risks this policy no longer being sustainable—a key principle that the Government have stated throughout the Bill’s passage.

As I said, against the challenging fiscal environment, the Government have to take tough decisions. This is the fairest approach, which ensures a sustainable solution so that the permanent tax cut for RHL can be funded from within the business rates system. Of course, noble Lords have made sensible points. Anchor stores are part of high streets, as is light manufacturing in some areas, a point made by the noble Lord, Lord Fox, in Committee.

The Government are committed to ensuring the longevity and survival of our vibrant and diverse town centres, and there are many ways in which we are pursuing that endeavour. In December, we introduced high street rental auctions, a new power which allows local authorities to auction off the lease of persistently vacant commercial units. The new regulations will make town centre tenancies more accessible and affordable for businesses and community groups, while helping to tackle vacancy on our high streets.

Through the English devolution Bill, we will also introduce a strong new right to buy for valued community assets, which will help this Government safeguard our high streets. This measure will empower local communities to reclaim and revitalise empty shops, pubs, and community spaces, helping to revamp our high streets, increase footfall and eliminate the blight of vacant premises.

Furthermore, at the Autumn Budget, the small business multiplier for properties with a rateable value of under £51,000 was frozen at 49.9p, meaning that, together with small business rate relief, over 1 million properties will be protected from a 1.6% inflationary increase. Alongside this, the Government continue to support our valuable manufacturing sector through other means.

The noble Lord, Lord Shipley, asked what in particular we are doing. At the Autumn Budget, the Government announced £975 million for the aerospace sector over five years, over £2 billion for the automotive sector over the same period, and up to £520 million for a new life sciences and innovative manufacturing fund. The Budget also saw two key programmes extended, promoting innovation across UK regions and manufacturing. The innovation accelerator programme will continue for another year, focusing on high-potential clusters across the UK. Meanwhile, the Made Smarter innovation programme will continue to be funded, empowering manufacturers to adopt digital technologies and enhancing productivity and sustainability by connecting digital solutions providers with industry.

I hope that it is clear to noble Lords why the Government cannot accept these amendments. The permanent tax cut for RHL properties must be funded sustainably. Furthermore, the Government fully recognise the importance of the British manufacturing industry, but we are supporting that sector through other avenues. It is for those reasons that I cannot accept the amendments in the name of the noble Baroness, Lady Scott, and the noble Lord, Lord Fox, and I respectfully ask them not to press them.

[Baroness Scott of Bybrook (Con)]

My Lords, I thank noble Lords for contributing to this debate and for their support. I would like to say something about Amendment 4, on manufacturing. It is a sector of great importance to our economy, as the noble Lord, Lord Shipley, said. He is correct that in January GDP fell by 0.1%, which was attributed largely to a 1.1% fall in manufacturing output. Not only did manufacturing fall in January but, as the noble Lord said, it fell in the three months to January. Since it was the largest contributor to GDP shrinkage, the importance of this sector cannot be ignored by the Government. If the Liberal Democrats divide the House, we will vote with them.

Anchor stores are incredibly important to businesses on the high street, as we have heard. To lose them would be highly detrimental to the economic viability of most high street businesses. As the noble Lord, Lord Thurlow, said, it will also stop any future new anchor stores being given permission. I am not satisfied with the Minister’s response. Therefore, I wish to test the opinion of the House.

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16:58

Division 2

Ayes: 283

Noes: 177

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17:10

Division 3

Ayes: 271

Noes: 179

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[Baroness Pinnock (LD)]

My Lords, Amendment 7 and consequential Amendments 15, 19 and 22 probe the Government on the definition of retail, hospitality and leisure businesses. This is absolutely critical because those businesses currently receive 75% relief, which will fall to 40% in April, and the relief will be non-existent by April 2026. The Bill introduces the lower multiplier by way of reducing the impact of the removal of the Covid relief. It then becomes crucial for businesses to know which multiplier will apply to them.

The House of Commons Library’s detailed briefing stated that there is currently

“no definition in law of ‘retail, hospitality and leisure’ properties”.

It would be really helpful if the Minister confirmed that this essential definition will be determined in secondary legislation.

Throughout deliberations on the Bill, the Minister has repeated that RHL properties in the new regime are identical to those that received Covid relief. If that is so, surely the legal definition must already exist and can be shared in our debates on this group of amendments.

During the debate in the other place, Daisy Cooper MP wanted to know whether large RHL businesses that currently have a £110,000 cap on the Covid relief received will have that cap removed and benefit from the lower multiplier. If that is the case and they get the cap on their relief removed but also benefit from the lower multiplier, it will mean that smaller businesses end up subsidising the larger chain stores within this definition of RHL. Again, I feel sure that it is not the Government’s intention to let small shops subsidise larger ones. If that is not the case, can the Minister explain what is going on?

Can the Minister confirm that the new rating system being introduced in April 2026 will be fixed for three years, as he stated in earlier debates on the Bill, and that the small business relief will be uplifted in line with inflation? That is very important for small shops in villages and small towns. Currently, rateable values of less than £12,500 receive 100% business rates relief, and then a sliding scale exists. It is therefore critical that the rateable values are revised upwards to reflect property values. Otherwise, ever fewer businesses will qualify—fiscal drag for business rates. This is also the argument made by the noble Baroness, Lady Scott, in relation to the higher threshold being introduced. Failure to increase the £500,000 threshold results in pulling more businesses into the higher rate.

In the end, as we have heard from across the House this afternoon, tinkering with the system fails to address the fundamental problem that businesses are not what they were 100 or even 20 years ago, and property taxation must change to create a fairer, more equitable approach that does not penalise traditional businesses, which end up providing a larger portion of the tax take than is justified.

[Lord Khan of Burnley (Lab)]

My Lords, the amendments in this group touch on a few different areas in the Bill, so I will speak to each topic in turn.

Amendments 5, 18 and 20 in the name of the noble Baroness, Lady Scott of Bybrook, would require the £500,000 threshold for the higher multiplier to be increased at the 2029 revaluation in line with the average aggregate change in rateable value for the preceding three years. In Committee we similarly discussed whether the £500,000 threshold should be uprated over time. The amendments we considered in Committee would have uprated the threshold in line with annual inflation, and I explained—and I think the Committee recognised—why that was not appropriate.

Amendments 5, 18 and 20 are closer to the more appropriate considerations for changes to the threshold. As I said in Committee, the 2029 revaluation will be the next logical moment to consider whether the £500,000 threshold remains appropriate for the new higher multiplier, and at that time we will consider whether the threshold in the regulations continues to be appropriate. I can assure the noble Baroness, Lady Scott, that the total change in the rateable value at the 2029 revaluation will form part of those considerations. But it will not be, and should not be, the only consideration.

As well as the movement in all rateable values, we may want to look at the movement in rateable value for the cohort of properties near or above the threshold. We will need to consider in 2029 the level of continued support that we should provide to qualifying RHL and, in turn, the revenue needed from the higher multiplier to fund that support. That should form part of the considerations of the threshold on the higher multiplier.

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I hope that I have given the noble Baroness, Lady Pinnock, and the House, a clear assurance that we intend broadly to follow the definition that we currently use for RHL relief. That should give those businesses the assurances that they need. Similarly, I hope that noble Lords appreciate why we cannot provide the analysis that the noble Baroness seeks at this time. That analysis of the new multipliers will be available once they have been set. Having set out that information, I respectfully ask the noble Baroness, Lady Scott, to withdraw her amendment.

[Baroness Scott of Bybrook (Con)]

Before the Minister sits down, I heard for the first time the Minister say “near or above” the higher multipliers. Why would that be? Are the Government assuming the amount of money that they are going to get in future years? It seems to be a new context to this debate that he used those words.

[Lord Khan of Burnley (Lab)]

I alluded to this point in Committee. The review with stakeholders and businesses is currently taking place. We will come back as we look at the reform of business rates. In the context of the business rates review and reform, consideration is being given to hereditaments that are near, above or within a small distance of the £500,000 threshold.

[Lord Jamieson (Con)]

My Lords, I thank the Minister for his response. Although we remain concerned regarding the increased business taxes as a result of the impact of fiscal drag, having reflected on the Minister’s assurances we will not be pressing Amendment 5.

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Moved by

[Baroness Scott of Bybrook]

8: Clause 3, page 3, line 36, leave out “has such meaning” and insert “and “anchor store” have such meanings”
Member's explanatory statement
This amendment, along with others in the name of Baroness Scott of Bybrook, seeks to exempt anchor stores because of their role in increasing footfall on the high street.

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Moved by

[Baroness Scott of Bybrook]

12: Clause 3, page 4, line 7, after “more,” insert “and is not an “anchor store”,”
Member's explanatory statement
This amendment, along with others in the name of Baroness Scott of Bybrook, seeks to exempt anchor stores because of their role in increasing footfall on the high street.

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Moved by

[Baroness Scott of Bybrook]

16: Clause 3, page 4, line 16, leave out “has such meaning” and insert “and “anchor store” have such meanings”
Member's explanatory statement
This amendment, along with others in the name of Baroness Scott of Bybrook, seeks to exempt anchor stores because of their role in increasing footfall on the high street.

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My consequential Amendment 34 seeks to require that this review be published at least three months before the new business rates begin. If the Government are going to change the business rates system in this way, it is important that we know what the impact of the change is likely to be. This concern is shared across the House, as evidenced by the amendment from the noble Lord, Lord Fox—I appreciate that he will be supporting this—which calls for an impact assessment. This is an important amendment and I hope noble Lords will understand why the cliff-edge threshold will likely have negative impacts on investments. I look forward to the Minister’s response and I hope he will accept it: if he does not, I intend to test the opinion of the House.

[Lord Khan of Burnley (Lab)]

My Lords, these amendments would require the Government to undertake various forms of impact assessment or review, either ahead of Clauses 1 to 4 coming into effect in April 2026 or shortly following their implementation. Throughout the passage of this Bill, noble Lords have raised valid questions. What properties would be subject to the higher multiplier? What properties will qualify for the lower retail, hospitality and leisure multipliers? What will be the impact on the public sector, anchor stores or manufacturing? Throughout the Bill’s passage, the Government have sought to be as clear as possible. I appreciate that noble Lords may feel otherwise, but this does not detract from the fact that the Government have done what they can to provide as much information as possible.

I will reiterate two key points on the application of the new multipliers. With respect to the higher multiplier, it is the Government’s intention that this will apply to all properties with a rateable value of £500,000 and above. The VOA last month helpfully published an ad hoc data release, providing further detail on the number of properties and their rateable value that would fall above this threshold, broken down by region and by subsector, so noble Lords can see further details on the make-up of the fewer than 1% of properties that fall above the threshold. This is based on the current 2023 rating list, because the 2026 rating list is still being prepared and is not yet available.

The lower multipliers will apply to qualifying RHL properties, with the Government’s intention being to introduce one multiplier for qualifying RHL properties with a rateable value below £51,000 and one for qualifying RHL properties with a rateable value between £51,000 and £499,999. Noble Lords want to know who will qualify. We have been very clear on this, previously and today: the definition of qualifying RHL will broadly follow that currently in use for the existing RHL relief and will be set out later this year. With regards to the proposed amendments for various impact assessments or analysis, as I have explained previously in the House, tax is not subject to the requirement to undertake an impact assessment, and that has been the case for many years. However, the Treasury has committed, and remains committed, to producing analysis of the impact of the new multipliers at the Budget when the tax rates are set and when the outcome of the 2026 revaluation is clearer.

Furthermore, as I set out in Committee, my department already has established and detailed processes in place to collect and publicly report on the business rates collected by local government. My department produces annual forecasts for the coming year, called NNDR 1 returns, and then on the actual amounts collected by local government, called NNDR 3 returns. These are published on the department’s website at both national and local authority level. From the 2026-27 NNDR 1 onwards, these will reflect the new multipliers that the Bill makes provision to introduce. It would not be appropriate or prudent to pre-empt the Budget or the outcomes of the 2026 revaluation, but I hope that, in reiterating the commitments already made and setting out the information that my department already reports on as a matter of course, I will reassure noble Lords.

I note that the amendments tabled by the noble Baroness, Lady Scott of Bybrook, and the noble Lord, Lord Jamieson, also seek to investigate how the £500,000 threshold the Government intend to introduce with the higher multiplier will impact on businesses that have a rateable value around that threshold. I am aware that the interest here is in particular with regard to how that may affect business behaviour around investment. I will make a couple of points on that more specific area.

As acknowledged in the Transforming Business Rates discussion paper published at the Autumn Budget, the Government are aware that some stakeholders have argued that cliff edges in the business rates system may disincentivise investment. In that paper, the Government committed to exploring options for reform in this space. We have recently completed an initial stage of engagement to understand stakeholder views and areas of interest for reform and we are open to receiving written representations in response to the priority areas for reform, until the end of March 2025.

Your Lordships will understand that transforming the business rates system is a multiyear process, and that reforms taken forward will be phased over the course of the Parliament, but I hope noble Lords are reassured that the Government have publicly set out that an announcement on reforms will be made later.

I know that noble Lords have repeatedly raised how any evaluation or analysis should consider the impact of the new multipliers on economic growth and the viability of our high streets. What is being described is what the Government do as a matter of course and as Governments have done for centuries: if a policy is not having the desired effect, it will be changed. Your Lordships should rest assured that the Government will be keeping all this under review, as we do with all tax policy. I respectfully ask the noble Lord to withdraw his amendment.

[Lord Fox (LD)]

My Lords, I thank the Minister for his answer and for reminding us of the central purpose of Clauses 1 to 4. However, I do not think that he addressed the point made by the noble Lord, Lord Jamieson, in any sense. The investment and growth effect from, literally, a £1 difference in a property’s rateable value will obviously be an issue. Without that, we cannot really understand how the Act will affect our high streets. On that note, however, I beg leave to withdraw Amendment 21.

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17:52

Division 4

Ayes: 255

Noes: 165

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Amendments 27 and 29 are in the name of my noble friend Lord Moynihan. Again, my noble friend very strongly put the case for dual use, both by the community and through the provision of bursaries, to allow our most talented athletes to train in what are currently the best school facilities. I ask the Minister to think again about why the Government, rather than urging independent schools to do more in terms of community work and the provision of bursaries, are choosing to pull the rug. I hope he will say that he is going to think again on these issues.

[Lord Khan of Burnley (Lab)]

My Lords, these amendments seek to amend the definition of a private school so as to require different types of private school to be carved out of the Bill measure, or to require parts of private school hereditaments to be exempt from rating valuations. I thank the noble Lords, Lord Lexden and Lord Moynihan, and the noble Baroness, Lady Barran, for their contributions.

I shall speak first to Amendments 25, 26 and 27. Amendment 25 would result in the exemption of a private school if that private school catered wholly or mainly to pupils who had special educational needs, as defined under the Children and Families Act 2014, regardless of whether those pupils had an EHCP. Amendments 26 and 27 would carve out private schools that provided full-time education wholly or mainly to gifted arts students or persons in receipt of bursaries or scholarships for sporting excellence.

The Government are aware of the concerns raised in respect of pupils with special educational needs in private schools that may lose their charitable relief because the school is not concerned wholly or mainly with providing full-time education to persons for whom an EHCP is maintained. Similarly, the Government have listened carefully to representations made by all interested stakeholders more broadly with regard to the design of the policy to remove charitable relief from private schools. The view was reached that, with the exception of the existing carve-out in the Bill for private schools concerned wholly or mainly with full-time education for pupils with ECHPs, no other private schools would be carved out of the measure. That is the fairest approach, as it ensures that the impact on pupils with the most acute needs is minimised.

The Bill provides that private schools that are charities that are concerned wholly or mainly with providing full-time education for persons with an EHCP remain eligible for charitable rate relief. In practice, the Government believe this will ensure that most private special schools will not be affected by the Bill measure. In fact, we expect any private special school losing charitable relief to be the exception—potentially, in single figures. In addition, private schools that currently benefit from the existing rates exemption for properties that are used wholly for the training or welfare of disabled people will continue to do so. This general exemption means that they do not pay any rates at all.

I know that some concerns have been raised about the possibility that some mainstream private schools may be just under the 50% threshold for the EHCP carve-out within the Bill. In private schools, including private special schools, just 5.7% of pupils have an EHCP, with the majority of those pupils in private special schools. We therefore expect there to be very few mainstream private schools near the 50% threshold. The majority of children with a special educational need, with or without an EHCP, are provided for in the state sector. If an EHCP assessment concludes that a child can be supported only in a private school, the local authority funds the child’s place. The approach chosen in the Bill is targeted to ensure that the impact on pupils with the most acute needs is limited. This Government are committed to reforming England’s SEND provision to improve outcomes and are providing an almost £1 billion uplift in high-needs funding in the 2025-26 financial year.

I shall speak in more detail to Amendments 26 and 27, tabled by the noble Baroness, Lady Barran, and the noble Lord, Lord Moynihan. I set out in Committee the changes that the Government are making to the Music and Dance Scheme, which supports pupils from lower-income families to attend one of eight specialist arts schools. On the question that the noble Baroness asked, no decision has been made on the future of the scheme. I acknowledge that the scheme is not available for every private performing arts school in England, but I am aware that many performing arts schools, as well as specialist sports schools and private schools more broadly, choose to provide fee assistance as part of their business model.

Providing means-tested fee assistance is one way that charitable private schools can demonstrate public benefit, a requirement that accompanies charitable status. The Bill does not remove the charitable status of private schools, and the Government expect private schools to continue to demonstrate public benefit. It is a commercial decision for individual schools to determine how they meet any additional costs as a result of the Bill measure, but the Government do not expect activity demonstrating public benefit, such as providing fee assistance, to significantly reduce.

Amendments 28 and 29 are concerned with requiring parts of private school hereditaments to be exempt from the rateable value of that hereditament. Amendment 28 would require parts of private school hereditaments wholly or mainly used as nursery facilities, or areas primarily used by nurseries, to be exempt, while Amendment 29 would require private school sporting facilities, or areas used primarily for sport, to be exempt if those facilities are also made available more broadly to the community.

The Government have decided that where private schools provide for compulsory school-age children and have nursery classes within the school on the same hereditament, the presence of nursery-age children should not remove the school from the business rates measure. This approach best ensures consistency with the policy intent. The allocation of any additional costs as a result of the Bill measure in private schools that also provide nursery classes is a matter for those schools.

I acknowledge that the noble Baroness, Lady Barran, has sought to find a middle ground following the Committee debate, but to exempt parts of hereditaments is challenging. This is also applicable to the amendment from the noble Lord, Lord Moynihan, that seeks to exempt sporting facilities. My remarks are applicable to both circumstances.

Noble Lords will recall that I said in Committee that I would take away the question of exempting parts of private school hereditaments, particularly in the context of sport. I have done that, so I hope noble Lords present will acknowledge that this has been looked at carefully. There are a very limited number of circumstances in rating where part of a property is exempted entirely. These exemptions are the most generous forms of support in business rates and are currently reserved for cases such as agricultural land, places of public religious worship and property wholly used for the training or welfare of disabled people.

To exempt—to totally remove from rating—parts of hereditaments within private schools used as nurseries or for sports would not be proportionate. Stand-alone nurseries and sports facilities, whether they are charities or not, do not currently receive the same benefit, so to exempt them when present in these particular private schools would create a broader inconsistency in the rating system.

Furthermore, whether part of a hereditament can be rated differently is not straightforward and depends on the facts on the ground. The key principle is that a property at the same site, in the same occupation and used for the same broad purpose is treated as one hereditament. That is why nursery classes and sports facilities on the same site as a private school, and operated by that school, do not have their own rates bill. The Government have carefully considered this and are of the view that to treat separately parts of private school hereditaments used as nurseries or for sports would not be merited in this case.

Business rates are a property tax and, to clarify the position for the noble Lord, Lord Weir, are applicable only to England, as devolved Administrations have their own approach to business rates. Where a property is being used as a private school, even if that school may have nursery classes or sports facilities, it remains a private school property. Amending the basis on which fee-paying schools can retain their charitable rate relief in the way these amendments propose would undermine the Government’s intention to remove tax breaks for private schools in order to raise funds to support the more than 90% of pupils who attend state- funded schools.

Before I finish, I want to echo the words of the noble Lord, Lord Moynihan, and give my best wishes to Lord Coe in his bid to be elected the first British president of the International Olympic Committee.

I hope I have reassured noble Lords regarding the reasons why I cannot accept the amendments in the names of the noble Baroness, Lady Barran, and the noble Lords, Lord Lexden and Lord Moynihan. I hope they can take from my remarks that the Government have considered the cases they made carefully, and I respectfully ask them not to press their amendments.

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[Baroness Barran (Con)]

My Lords, the Minister has heard three very strong arguments from across the House. The first is that the principle of not taxing education should be respected and upheld. Secondly, there is the principle that charities should not be subject to any kind of political overreach. Thirdly, the Government should not introduce a two-tier system, punishing charities that do not conform to their views. I think we have heard across the House that this sets a very unfortunate precedent.

Finally, there is the point that this policy will not deliver but rather will impact children, particularly vulnerable children, who attend some of the small schools that serve them and their communities all around the country. I would like to test the opinion of the House.

[Lord Khan of Burnley (Lab)]

My Lords, we have a right of reply.

Amendment 30 would remove Clause 5 from the Bill, and therefore the measure that removes the eligibility for charitable rate relief from private schools that are charities. Amendment 31 would require the Government to undertake an assessment of the expected and observed impact of Clause 5. Furthermore, that amendment seeks to ensure that any assessment has regard to impacts owing to any other tax change that have affected private schools since 1 January 2025, effectively seeking to create an all-encompassing review of the Budget tax changes and their effect on private schools, and the resulting impact on the state sector. I am unable to accept these amendments.

This Government committed in their manifesto to raise school standards for every child, to break down barriers to opportunity and to ensure that every child has the best start in life, no matter where they come from or their financial background. As part of that, the Government committed to removing the VAT and business rates charitable relief tax breaks for private schools, to help to raise revenue to help to deliver on their commitments to education and young people.

The Government carefully considered their approach in designing the policy to remove charitable rate relief from private schools. On 29 July, they published a technical note on removing the VAT and business rates charitable relief tax breaks for private schools. The Government received over 17,000 responses to this note, from a range of tax specialists, private schools, bodies that represent private schools and others. A detailed government response to this was published at the Autumn Budget. Furthermore, at the introduction of this Bill, the Government published a note setting out analysis of the impact of the business rates measure. This is available on the Bill page. A tax information and impact note was published in relation to the VAT change at the Budget and is available on GOV.UK.

The removal of business rates charitable relief from private schools that are charities will apply to all charitable private schools, with the exception of where a private school is wholly or mainly concerned with providing full-time education to persons for whom an education, health and care plan is maintained. As I set out in a debate on an earlier group today, under the carve-out in the Bill, the Government believe that this will ensure that most private special schools will not be affected by the Bill measure.

At the Budget, the Government announced a real-terms increase in per pupil funding, with a £2.3 billion increase to the core schools budget for the financial year 2025-26, including an almost £1 billion uplift in high-needs funding. This funding increase needs to be paid for; to help to do that, the Government are ending tax breaks for private schools, including, as this Bill delivers, ending charitable rate relief for those private schools in England that are charities. Taken together with the policy to remove the VAT exemption, these measures will raise around £1.8 billion a year by 2029-30.

I know that there have been concerns with regards the impact on the state sector caused by this policy. The impact note that I mentioned set out that, in the long run—by 2030—the Government estimate an increase of 2,900 pupils in the state sector. Based on average 2024-25 per pupil spending in England, the Government expect the revenue costs of pupils entering the state sector as a result of the business rates measure in England to steadily increase to a peak of around £20 million per annum, after several years. Overall, the expected revenue from the measure will substantially outweigh the additional cost pressures.

The Government have undertaken analysis of the policy and provided that publicly. Furthermore, they undertake a range of monitoring, data collection and publication of data as part of usual processes, and will continue to do so when the Bill measure comes into effect. For example, the Department for Education monitors place demand and capacity as a matter of course, and works closely with local authorities to meet any demand pressures to ensure that there are sufficient school places for children who need them. All children of compulsory school age are entitled to a state-funded school place.

Pupil numbers in schools fluctuate regularly for a number of reasons, and the school funding system in England is already set up to manage that. For individual schools, the Government therefore expect changes in pupil numbers caused by these changes to be managed in the usual way. Data on the number of school pupils is published every summer, providing information on the number of pupils at different types of schools, so anyone can see how pupil numbers in both state and private schools have changed.

Part of the assessment that the amendment would require seeks to understand any impact on partnership working between private and state schools, as well as the capacity of private schools to provide fee assistance. I understand that there is concern that private schools will reduce these activities. We understand from data published by the Independent Schools Council that a lot of private-state sector partnerships relate to the hosting of joint events or providing access to facilities used by private school pupils. In many of these partnerships, the activity undertaken benefits the pupils that attend private schools, so it would not be in the interest of the private schools to stop this activity either.

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19:18

Division 5

Ayes: 232

Noes: 141

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19:30

Division 6

Ayes: 196

Noes: 135