Finance Bill

Baroness Keeley Excerpts

2nd reading
Wednesday 13th December 2023 Commons Chamber

[Nigel Huddleston]

Yes. My hon. Friend makes an important point. The jobs and economic activity are hugely important, but we are known throughout the world for excelling in the creative sectors—we always have, and we always will. We can all be proud of the incredible creative talent in the UK. He is also right to highlight how it is spread right across the UK.

[Barbara Keeley (Worsley and Eccles South) (Lab)]

The Minister is talking about creative industries, and the hon. Member for Warrington South (Andy Carter) talked about soft power, but I wonder whether the Minister will get on to the changes to other cultural tax reliefs included in the Bill. Among other proposed changes, the Bill will remove European economic area expenditure from qualifying costs for orchestral tax relief from next April. That will result in a significant long-term cut for orchestras that tour Europe frequently. Does he not see that orchestra tax relief—an important cultural tax relief—is working as it is and should not be amended to the detriment of those orchestras, which should be supported?

[Nigel Huddleston]

The hon. Lady makes an important point about the success of our creative industries, and particularly the music industry and orchestras. She will be well aware, though, that we are not in the European Union any more, so some of the EEA measures no longer apply. Instead, we have to be World Trade Organisation-compliant. That bring some challenges, but we are certainly there to support the industry across a whole range of measures. I have already mentioned some of them, but we are doing even more with targeted measures to support the sector, because we want to boost investment in three other areas: animated film, animated TV and children’s TV programmes. As a result, those will be eligible for a 5% uplift to a 39% credit rate.

[Barbara Keeley]

The Association of British Orchestras has warned that, for some orchestras, the proposed changes to orchestral tax relief risk making European touring financially unviable. Given the financial and administrative burdens that the Government have already forced on orchestras through their botched Brexit deal, it seems ludicrous to create more difficulties for orchestras that are touring, especially as orchestra tax relief is working fine as it is. Does the Minister not accept—I know that he has had evidence on this—that the changes are unnecessary and damaging to orchestras?

[Nigel Huddleston]

As I outlined, I think the hon. Lady is hoping for measures to turn back the clock to when we were in the EU. We are not in the EU any more, and therefore the world is a different place. However, we are always keen to support and engage with the creative industries, and orchestras in particular. When I was at the Department for Digital, Culture, Media and Sport, we raised those issues again and again—actually, with considerable success—to enable orchestras and tourers to get across Europe, often by doing individual deals with individual countries, which we sometimes have to do now that we are no longer in the European Union.

I will now outline measures to support our employment-boosting agenda. The path to achieve this is clear: we must remove both barriers to work and incentives not to work. Perhaps most of all, though, we must ensure that hard work is rewarded. That is why our spring Budget announcements were so important. Let us take the abolition of the lifetime allowance. The Office for Budget Responsibility estimates that that will retain 15,000 workers annually and the Bill completes that change by removing the lifetime allowance from the statute book completely.

I now turn to the measures to simplify our tax system. Complex and inefficient taxes are one of the biggest restrictions on businesses. They often come at a high cost in terms of both time and capital. It is the Government’s duty to deliver a modern, simpler tax system and the measures in the Bill will help to do just that. Making full expensing permanent is a huge simplification for larger firms, but we are going further by expanding the cash basis for over 4 million smaller growing traders. This will simplify the process to calculate their profits and pay income tax. We have also listened closely to feedback from businesses and, as a result of that consultation, some of the main restrictions on using the cash basis will be removed. The simpler cash basis will be the default method for calculating profit, and businesses will therefore start on the simpler regime as standard. We will also be taking forward other technical small measures. Those will include improving the data that His Majesty’s Revenue and Customs collects from its customers. These measures will result in a trusted modern tax administration system.

We must also build a tax system that is fair and works for everyone. We cannot understate the role of tax in supporting our public services. Taxes pay for them directly and, through attracting investment, indirectly. We must all fairly play our part. The Bill will make promoting tax avoidance a crime in circumstances where persons continue to promote a scheme after the receipt of a stop notice. It will also enable HMRC to act more quickly to tackle promoters of tax avoidance by introducing a new power for HMRC to bring disqualification action against the directors of companies involved in promoting tax avoidance. We will also reduce the scope for tax fraud in the construction industry by amending the construction industry scheme. The amendment will add VAT to the gross payment status test. This means two things: that compliance will now be checked as part of this process, and that HMRC powers to remove gross payment status will be enhanced.

Of course, it is only fair that we also guard against over-collection of tax. The Bill addresses a concern here, too. It will do so by enabling HMRC to reduce the off-payroll working PAYE liability of a deemed employer who is responsible for ensuring that PAYE is calculated and sent to HMRC correctly. This will apply where that engagement is incorrectly treated as self-employed for tax purposes.

It also remains important that we are in lockstep with our international partners during such unprecedented times. In spring, we legislated to implement OECD pillar two in the UK, building on the historic agreement built by the Prime Minister, to a two-pillar solution to the tax challenges of a globalised digital economy. In the Bill, we are making technical amendments to the main pillar two rules identified from stakeholder consultation. That is to ensure that the UK remains consistent with the latest internationally agreed guidance.

The Bill builds on the autumn statement that focused on the long-term growth of the UK economy and sound economic policy. What a contrast to Labour’s fantasy economics, including £28 billion per year of additional spending without any idea where that money will come from—although we all know at heart that it will be taxpayers or through more debt, which is, of course, just deferred taxation. In contrast, this Finance Bill backs British businesses, rewards hard work, and supports a modern and simpler tax system. In doing so, it delivers on the Government’s commitments to prioritise economic growth, encourage business investment, nurture innovation and simplify our tax system to combat tax avoidance. For those reasons, I commend the Bill to the House.

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[James Murray (Ealing North) (Lab/Co-op)]

After 13 long years of the Conservatives in power, it is clear that, no matter what they try to do or say, they cannot escape the reality of their record in office. That reality is one of people across Britain being worse off, public services collapsing, and a Conservative party that puts its own interests before the country’s.

We now have a governing party barely able to govern and a Prime Minister barely able to lead, but at least the Chancellor is still following the Prime Minister’s example by trying to emulate his reverse Midas touch. Frankly, whenever the Chancellor talks about getting the economy growing, the country is pushed in the opposite direction. In his speech three weeks ago, he used the phrase “autumn statement for growth” seven times, and what did we see? The growth forecast for next year cut by more than half, cut again the year after that, and cut yet again the year after that. It seems that the Financial Secretary is getting in on the act, too. Today, he talked about what he has been doing to support growth, and what do we see? Figures out today confirm that the UK economy contracted unexpectedly in October, with GDP falling by 0.3%.

It is not just in relation to growth that the reverse Midas touch applies. Last month, the Prime Minister said:

“I want to cut taxes, I believe in cutting taxes.”

But what have we seen? Even after all the changes the Government have announced, the tax burden is still on track to be the highest since the second world war. The truth is that after 13 years of failure on the economy, the Conservatives are incapable of getting our country back on track. After 13 years, they do not have the determination or the plan to get us out of this doom loop where growth is low, taxes are high, public services are collapsing and families are worse off. Only Labour’s plan will bring stability and responsibility back to our public finances, give families the security they need and reform our public services for the future. Only Labour is ready to work with businesses day in, day out to get our economy growing, to create good jobs for the future and to make people across Britain better off.

There are a number of individual measures in the Bill that we have been calling for for some time; we will not oppose its Second Reading, and we look forward to considering it in detail in Committee. However, it is clear that the Bill and the autumn statement it follows are simply the latest chapter in 13 long years of Conservatives failing to get the economy growing and make working people better off. It is sobering and frankly staggering that, as the Resolution Foundation set out following the autumn statement, real average weekly earnings are now set to remain below their 2008 level until 2028. That is two full decades of pay stagnation. That is what happens when the Government cannot find a plan for growth that works.

To be fair, it is not for want of trying. The “autumn statement for growth” is the 11th attempt at an economic growth plan we have seen from the Conservatives. The problem is that the Conservatives simply do not have the ideas we need for our times, nor the focus on the country that the British people deserve from their Government. As Conservative MPs meet behind closed doors to plot their next leadership election, families across Britain are fed up of struggling and being squeezed, businesses yearn for stability and certainty, and our country misses out on the chance to fulfil its potential.

Of course, people across Britain are feeling the hit not just from growth being weaker and inflation more persistent than in similar countries, but from the 25 tax rises the Conservatives have already pushed through in this Parliament alone. There is, however, one small group of people who will continue to be protected from this Government’s tax rises on much of their income. That group of people is non-doms: those who live in Britain but do not pay UK taxes on their income from overseas. As we have long said, Labour believes it is only fair that if a person makes Britain their home, they should pay their taxes here. Closing the non-dom loophole—replacing that archaic status with a residence scheme like other countries have—could raise crucial funding to bring the NHS waiting list down. Yet today we have another Finance Bill from this Government that leaves the loophole open. The Government are continuing to help a few at the top to avoid paying their fair share of tax when they keep their money overseas, while letting families across the UK face a tax burden that is climbing to a post-war high. Whatever the Government say, that is the reality facing working people in Britain.

As the Resolution Foundation points out, any cuts to personal taxation announced in the autumn statement pale in comparison with previously announced tax rises through the freezing of national insurance and income tax thresholds. The Resolution Foundation concludes that the combined effect is an average tax rise of £1,200 per household, with almost every single person in the country who pays income tax or national insurance paying higher taxes overall. Across all taxes that the Government levy, the Resolution Foundation points out that

“despite the tax cutting rhetoric, the reality is that the tax burden is rising, with tax receipts as a share of the economy set to reach 37.7 per cent in 2028/29, the highest level in 80 years.”

That is the reality from which the Conservatives cannot hide.

[Barbara Keeley]

My hon. Friend is making a great speech. He has been talking about the tax burden, and I raised the subject of cultural tax reliefs earlier. Another change in orchestra tax relief is that eligibility requires 10% of expenditure to be on goods or services that are used or consumed in the UK, rather than being incurred in the UK. The Association of British Orchestras has said that there is a lack of clarity about what orchestras will now be able to claim. This level of uncertainty is very unfair on UK orchestras, which have been through a turbulent time as a result of Brexit, covid and the cost of living crisis. Will my hon. Friend agree to raise that point with the Minister in Committee, to obtain some clarity and to enable Members to consider what these changes are doing? I appreciate that the subject is too complicated to be dealt with at this point.

[James Murray]

I thank my hon. Friend for raising that point; she is a great champion for orchestras. It is only right, when we consider the details of the Bill in Committee, for us to push the Government to provide the certainty that is so often lacking from many of the measures that they propose.

I was talking about the reality from which the Conservatives cannot hide. The Chief Secretary to the Treasury, who is present, has been desperately trying to claim that the tax burden is going down. Three weeks ago, she claimed that

“taxes for the average worker have gone down by £1,000.”—[Official Report, 22 November 2023; Vol. 741, c. 360.]

Two weeks ago, she claimed:

“Taxes for the average worker will have gone down by £1,000 since 2010.”—[Official Report, 30 November 2023; Vol. 741, c. 1084.]

However, analysis conducted by the House of Commons Library makes it very clear that national insurance and income tax for the median earner will rise by well over £1,000—up from £6,112 in 2010-11 to £7,364 in 2024-25.

In an attempt to understand the tension between the Chief Secretary’s comments and the Library analysis, I wrote to her and also tabled written parliamentary questions. The Financial Secretary responded to both the letter and the questions with rather more careful wording, saying that

“an average worker in 24-25 will pay over £1,000 less in personal taxes than they otherwise would have done.”

He was careful to make it clear that the Government’s

“calculations are on a same-year basis against a counterfactual”,

and that this was not, in fact, a comparison over time, as that

“would include the effects of earnings growth on cash totals of tax due”.

I wonder whether the Chief Secretary’s statement that taxes for the average worker have “gone down by £1,000” may have inadvertently misled the House, given that her colleague’s written response to me tacitly admitted that the Government’s statistics do not refer to the actual taxes that a worker pays. When the Exchequer Secretary to the Treasury responds to the debate, perhaps he will tell us if he knows whether the Chief Secretary would like to correct the record. Whatever the Conservatives say—however they twist and turn—the truth is that people across Britain are feeling the squeeze, and life is very different from the picture that Ministers are desperately trying to paint.

I have already made it clear that we support a number of the individual measures in the Bill. We welcome, for instance, the measure in clause 1 to make full expensing permanent; we have been calling for that for some time. Welcome as it is, however, it simply cannot make up for the years of uncertainty that businesses have faced. When I meet businesses across the country, they are clear that they want stability, certainty and a long-term plan, but even during the time for which I have been shadow Financial Secretary—a period that has seen five different incumbents of the office that I shadow—business taxation and reliefs have been chopped and changed every year.

Let us take the annual investment allowance. At the start of this Parliament, it had been raised to £1 million on a temporary basis. That temporary basis was extended first by the Finance Act 2021 and again by the Finance Act 2022, and was then made permanent by the Finance (No. 2) Act 2023. During that time, of course, the super-deduction, which Members may recall, came and went entirely, and last year full expensing for expenditure on plant or machinery was introduced—but, again, only on a temporary basis for three years, before being amended yet again this year to be made permanent. Frankly, while the latest Treasury Ministers may say that full expensing is now permanent, how long any policy under this Government may last seems to be decided by the Conservatives’ internal battles rather than what is right for the country.

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[James Murray]

Yes, Madam Deputy Speaker, I took that question to be addressed to me rather than to you. We have made it clear that when it comes to the measures in the Bill for which we have been calling for some time, we welcome and will support them. We would not oppose measures that we have been calling for. However, given the Government’s chopping and changing year on year from one Finance Act to the next, it is desperately clear that there is no evidence of a long-term plan over the past 13 years, and no evidence of the plan that we need for the future. I hope that in a general election, when businesses and working people across the country look at the Conservative party and at the Labour party and ask themselves who has a plan to grow the economy and make working people better off, they will conclude that it is us.

[Barbara Keeley]

May I make a further point about cultural tax reliefs? It seems to me that there is not quite enough understanding of the importance of this subject on the Government Benches. International touring is vital to the survival of many orchestras and makes up a fifth of earned income. That is a substantial proportion. My hon. Friend has talked of the changes that have been made, and all the flip-flopping. There is a strong economic and strategic case for incentivising touring in the European economic area for UK orchestras, because it boosts cultural exports and enhances the UK’s place on the world stage. That does not apply only to film and video, which the Minister has mentioned; our orchestras are world-class too. There is a move to limit the cultural tax reliefs, including orchestra tax relief. I am grateful to my hon. Friend for saying that that will be reviewed in Committee, but the key issue is the continuing importance of those cultural reliefs, and what the Minister has said today does not convince me that he understands that. I therefore fully support what my hon. Friend is saying.

[James Murray]

I thank my hon. Friend for her intervention on that point, and we will certainly raise questions on her behalf in Committee to try to get clarity from the Government. As she rightly points out, clarity and certainty have been distinctly lacking from this Government over a whole range of topics. We will certainly press them on that in Committee.

As I was saying in response to the hon. Member for Poole (Sir Robert Syms), we will not be opposing many of the individual measures in the Bill, including those on capital expensing, on research and development and on tax avoidance and evasion, but they all serve to remind us just how much of a merry-go-round this Government have become and just how much they lack a plan for the future. A plan for the future is what has been sorely missing from this Finance Bill and from the autumn statement, and it is clear that the Conservatives are now incapable of offering one. With no stability, no real certainty and no plan for growth that works, businesses are left without the partner in Government that they need, and without the growth that our economy needs, working people are left worse off, with the tax burden set to rise to a peacetime high.

If Labour wins the next general election, we will overhaul and accelerate the planning system, modernise our electricity grid, attract far greater private investment, scrap and replace business rates, set out a road map for business taxation and boost skills and training across the country. We will do all that to get the economy growing and to make working people better off. That is the change our country needs. Without change, we would have a fifth term of the Conservatives, and what on earth would that mean for Britain? What would the Conservatives speak of as their achievements in this Parliament? Twenty-five tax rises, the highest tax burden in eight decades, taxes up £1,200 per household and two decades of pay stagnation, as well as a fall in real household disposable incomes—the first time that has ever happened in a Parliament. That is the record of the Conservatives. That is what they cannot hide from and that is why it is time for change.

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[Harriett Baldwin (West Worcestershire) (Con)]

What an extraordinary experience that was. I have just listened for nearly 20 minutes to the hon. Member for Ealing North (James Murray) ranting on about tax hikes, but at the same time not proposing a single concrete economic policy. Indeed, Opposition Members have gone entirely AWOL. Where are they? There is no one on the Opposition Benches this afternoon. They are not going to oppose a single measure in this Finance Bill. I have scoured Wikipedia for any policy they might have come up with on taxation, and all I have found is that they are proposing an additional £28 billion in borrowing. That is simply more taxes for our children and grandchildren to pay in the future.

I have also spotted that the Opposition have two additional new taxes that they think would be a good idea. Those two taxes are the ones that were outlined by the shadow spokesman. The first is the non-dom taxation, which analysis shows would actually result in a net subtraction in tax revenue to the UK economy. Furthermore, they are proposing that we should be the only country in the world that taxes education, with a tax that would increase the cost to the state and again fail to pay for itself. So that was my scour of Wikipedia. I am now going to move on from discussing the Opposition rant to talk about the excellent points that the Financial Secretary to the Treasury, my hon. Friend the Member for Mid Worcestershire (Nigel Huddleston) has made.

[Barbara Keeley]

rose—

[Harriett Baldwin]

I will give way to the hon. Lady.

[Barbara Keeley]

I am standing in part to illustrate that I am here, because the hon. Lady just said that there was nobody on this side of the House. Well, here I am, and I have been intervening on both the opening speeches, so I hope she will take that back. Also, could she clarify what she was talking about when she mentioned a tax on education?

[Harriett Baldwin]

The hon. Lady is the honourable exception that proves my rule. She is indeed engaging thoroughly in the debate from the void that is the Opposition Benches this afternoon. The tax on education is her party’s Front-Bench policy to add VAT to school fees. She may not be aware of that policy, but it is not a good one and I recommend that she use her influence to get her Front Bench to drop it.

Let me turn to the excellent remarks made by the Financial Secretary to the Treasury. It is the view of the Treasury Committee that the tax system in the UK is far too complicated. We were concerned earlier this year, as we mentioned in our report, about the abolition of the Office for Tax Simplification, because we want to see the Treasury team look at more ways in which it can simplify the tax system. We also published a report on tax reliefs that identified more than 1,000 tax reliefs in our tax system, many of whose impacts or costs to the Exchequer the Treasury does not even know. They really should be thought of as expenditure lines, and they should be looked at a bit more carefully. Some of the steps announced in these measures, and indeed in last week’s National Insurance Contributions (Reduction in Rates) Bill, will do some good in that regard, and I want to highlight those.