Non-Domestic Rating Bill

Baroness Swinburne Excerpts

Report stage
Tuesday 19th September 2023 Lords Chamber

[The Earl of Lytton (CB)]

My Lords, I support these amendments. As we are at this stage of the Bill, I declare that I am a chartered surveyor, a registered valuer and a member of the Rating Surveyors’ Association. It is some time since my bread and butter was generated from dealing with non-domestic ratings; the concepts are well trod, but I will not claim to have any up-to-date knowledge on some of the finer points.

The noble Baroness, Lady Hayman of Ullock, mentioned some of the concerns that the Minister has put forward. My ears pricked up a bit, as they always do when I hear about ministerial concerns. The first was a reduction in revenue. Let us be clear: we are talking about not making an increase—not actually losing something that was there before. It is the increase created in value that is discounted under the Government’s proposals, for no more than one year. The purpose of these amendments is that the increase should not bite for a longer period. That is important, because the work to improve energy efficiency of buildings is sometimes only really justifiable over quite a long period of time. There is no instant fix. In the meantime, it has to be funded, by a loan or an imputed opportunity cost of money for that period. As I said at an earlier stage of the Bill, one year is simply too short and would be no incentive. The other question about the reduction in revenue is: what is better, not to be able to charge the increase in rates, or someone not to do the work at all because they consider that they should defer the evil day for doing it? There has to be some incentive all round.

The second point that the noble Baroness referred to about what the Minister had said was on the classification of energy-efficiency works in valuation terms. I really do not see that there is any particular difficulty with that. Valuers are dealing with these sorts of things all the time, whether they be tenants’ improvements that are disregarded for rental value purposes, which is actually the nearest open-market analogy to what one is dealing with in business rates valuation, or whether it be for some other purpose—the cost-benefit of some scheme or other. One obviously has to look at these things in the round. If somebody is just replacing the windows and nothing else, clearly they are doing a bit to the U-value to make it more efficient, but it is not a holistic approach. Alternately, if they are part of any type of scheme that one would put forward—that may come out of the further guidance that was referred to by the noble Lord, Lord Stunell—they will have to look at these things on a holistic basis, because you cannot just put a draught-proof strip on a door and expect your bills to go down. It does not happen like that.

These amendments are very important. I do not see the difficulties that the Minister raised in discussions with the noble Lord, Lord Ravensdale, so I wholeheartedly support this. The Government could afford to be a little more generous-minded over the whole thing. I encourage the Minister, when she is replying, to perhaps apply that metric.

[Baroness Swinburne (Con)]

My Lords, I am grateful for the amendments in this group presented by the noble Baroness, Lady Hayman of Ullock, and tabled by the noble Lord, Lord Ravensdale. They give us the opportunity to discuss this important matter again.

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[The Earl of Lytton (CB)]

My Lords, I congratulate the noble Lord, Lord Thurlow, particularly on Amendment 19. It is a pleasure to follow the noble and learned Lord, Lord Etherton, on this because it strikes at the heart of what I have always felt about the rating philosophy. The noble Lord, Lord Shipley, inferred a few minutes ago that rating is demanding too much of the tax base to which it is applied. I have made the same point myself over many years. I remember one eminent rating surveyor telling me, “You know, once the rate in the pound starts to get near to 50%, things start changing. People’s attitudes start changing”.

I am afraid that HMRC, which has global responsibility for this, has been extremely slow to catch up with what is happening and to realise the paradigm shifts created by the increasing burden of business rates. Leaving aside things such as small business relief and so on, I did a calculation—a few years ago, so the analogy is even more potent now—showing that business rate payers in small premises of between 1,000 square feet and 3,000 square feet were paying materially more by reference to property value and square footage occupied, by some considerable factor, than their residential counterparts. I use that because when I first started working in this area, in what was then known as the Valuation Office, all those years ago, there was a common rating system, and residential and commercial had a common base. That is why I got little old ladies in cottages in Lewes High Street in Sussex complaining that the pub next door, which sold all this liquor, had a rating assessment that was half theirs.

What has happened is that, because of the burdens, markets have shifted. The noble Lord, Lord Thurlow, referred to traders who operate from industrial estates— I think that was one of his examples. I used to joke about this, because the archetypal online operation was a stockroom that was a van on the motorway somewhere, a showroom that was a glossy website, a till that was an online payment portal and a communications system that was a pocket mobile and an email address—this was how the thing operated. People have got very slick, because now you have a big industrial shed at the front of which is a retail and trade counter, which occupies quite a small part of the footprint, and the rest is a big storage shed. We all know the names they have. They sell plumbing, electrical equipment, household goods, all of which you can order online. This is one of the difficulties, because seeing the opportunities of online, many of these operators have seen that the two operate very beneficially with the physical hereditament they occupy as well: the two have a synergy that works effectively. This is absolutely a moment when the Government need to take stock.

The amendment of the noble Lord, Lord Thurlow, refers to high streets. I will return to this in a few minutes when I get to amendments of mine. Unless we get this right, the attrition of high streets will continue, and they will change into something that is not a general purpose destination for people wanting to shop for everyday goods. They will become a sort of entertainment centre with restaurants and bars and the night-time economy. That may be a good idea, but there is an area of conflict here. If we want to bring residential property back into town centres, then residential occupiers do not relish the thought of people turning out at eleven o’clock at night, having had a jolly good time at the bar. That is one of the issues. Another issue is that a lot of these places need to be serviced; they need to have their bins emptied. If there is a local authority or contractor refuse lorry turning up at 6 o’clock in the morning, people will get fed up with that.

We have to start getting this right, as to what the complementary uses are and how to deal with them. More particularly, how do we reverse this process of the alienation of people—who are otherwise willing and able traders—from our traditional high streets? This matters because that is how they are designed and built. That is the social construct that led to the buildings being built and appearing the way they are. I shudder at trying to transform them into totally different uses. When I see things like permitted development for change of uses in town centres, I worry about what will happen and whether that is an irreversible change that will produce more of the conflicts that I have referred to.

Although I slightly shudder every time somebody mentions a review of business rates, because we seem to have an awful lot of them, I think that this is a body of work that needs some serious thought from academics, practitioners and particularly from people like valuers and retailers, because that is where this analysis comes in. The valuers are not making the roles; they are simply interpreting how people go about their business and do their trade. The derivative is a value, and whether it is a rateable value, a capital value or for investment purposes, we need not alienate these purposes. I congratulate the noble Lord, Lord Thurlow, because he has raised an absolutely fundamental point in relation to non-domestic rates.

[Baroness Swinburne (Con)]

I thank noble Lords for their passionate speeches. It is clear to me that we share the same objectives; we may just have slightly different ways of getting there. I hope I can satisfy noble Lords by the end of my speech.

This group of amendments returns to the theme of the effectiveness of the business rates system as a whole. Amendment 15 in the name of the noble Baroness, Lady Hayman of Ullock, and Amendment 19 from the noble Lord, Lord Thurlow, would require a further review of the business rates system to, respectively, expand small business rate relief or rebalance the tax burden between high street and internet retail. Amendments 5, 6 and 7 from the noble Lord, Lord Shipley, concern the frequency of revaluations.

I turn first to whether we should conduct a review of the tax. As noble Lords are aware, the Bill is the product of the Government’s own comprehensive review of the business rates system. That review was delivered in around 18 months in 2020 and 2021, which allowed us to do justice to the significance and complexity of the exercise. The review considered a wide range of evidence and reached clear conclusions about the effectiveness of a tax as a means of funding local services and the limited evidence in support of a fundamental overhaul, but also the opportunities for reform.

The Bill seeks to deliver more frequent revaluations and to enable the abolition of downward transitional relief—two of stakeholders’ key asks—alongside other measures. Making these revaluations more frequent, as we are doing with the new three-yearly cycle, will make the tax more up-to-date and therefore fairer. We agree with noble Lords. I accept that some would like us to go further, but a majority of respondents to the review supported a three-yearly revaluation cycle. Moving from every five to every three years is a major reform of the system, and to do this we must implement significant changes to how ratepayers and the VOA interact, which will take several years to bed in.

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[Lord Thurlow (CB)]

Before the Minister sits down, perhaps I might clarify something I said that, I think, might have been misunderstood. In the context of Amazon—I am sorry to use a particular company, but we all know what I mean by it—I did not say that I wanted to redefine the way in which the non-domestic rating system works; I simply want to redefine the use of the property. A property such as an Amazon warehouse is being used for retail and should therefore be described in the rating register as retail property in some form, not as warehousing: it bears no relation to warehousing use.

[Baroness Swinburne (Con)]

As the noble Lord will probably appreciate, I am not an expert in this area, unlike him. But I will contact the team and make sure that he has a thorough answer in writing. I believe that some of these issues have already been addressed in this review, but I will confirm that in writing to him.

[Lord Shipley (LD)]

My Lords, I am grateful to the Minister for her reply, and I was pleased to hear her say that we share the same objectives. I very much hope that we do and that we can continue to do so, because there are some fundamental issues here. Theoretically, I do not regard business rates as a good tax, in the sense that I think there are other ways in which taxation could be raised from businesses. However, it is the system that we have, and altering it would take a large amount of time: it would take several years to get movement on that. For that reason, I ask the Government to look very carefully at some of the suggestions that have been made in your Lordships’ Chamber this afternoon. The point that has been made by the noble Lord, Lord Thurlow, is very important. A warehouse should not be counted as a warehouse for business rates taxation if it is delivering a retail function. That is my first point.

My second point is on Amendment 15, moved by the noble Baroness, Lady Hayman of Ullock. It relates to the possibility of reducing the small business rate relief threshold. I take the point the Minister made about the number of properties that have already qualified for business rate relief, but I think the Government ought to look at that being increased. I thought the point made by the noble Lord, Lord Thurlow, was hugely material: business rates used to be half the rental level but have now become almost 100% of the rental level. This is simply not tenable: we cannot go on with that. As the noble Earl, Lord Lytton said, we are witnessing the continued attrition of our high streets and something has to be done about that.

The third point I make on what the Government could do urgently is not to increase business rates by the current level of inflation. I think the Government may well be willing to consider that—I hope the Chancellor would. All these things matter because business rates have got out of balance. Having said that, I beg leave to withdraw the amendment.

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[Baroness Hayman of Ullock (Lab)]

I thank the noble Earl, Lord Lytton, and others for speaking to these quite technical amendments. As the Minister said previously, I would not say that I am an expert on these issues, but it is very important that they have been raised. It is particularly important with valuations and penalties that we properly understand the implications of the Bill.

I have one question for the Minister on government Amendment 12, which limits the daily penalties that are applicable. I wonder where the figure came from and whether the Minister thinks it will be a sufficient deterrent.

[Baroness Swinburne (Con)]

The noble Earl, Lord Lytton, has tabled a number of amendments related to the provision of valuation evidence to the Valuation Office Agency. I am grateful for the opportunity to address this again, following the earlier debate in Committee, and to explain how the Government have listened to the suggestions heard in that debate.

As has been noted previously, these reforms are essential to securing the sustainable delivery of more frequent revaluations, which I know noble Lords support. Clause 10 consists of a power to allow the VOA to share valuation information with ratepayers. Amendment 8 would make this power a duty, and I will explain why the Government cannot support this. The Government are absolutely committed to providing greater transparency about how rateable values are calculated. The VOA has recently consulted on how, in practice, they intend to use this clause. It is an important part of the reforms and a key plank of our commitment to ratepayers. However, as that consultation reflects, we cannot overstate the importance of privacy rights. The information relied on by the VOA in establishing a valuation will, in some cases, include personal and sensitive data, so it is right that we take an approach which is common among other data gateways; namely, that the gateway is permissive: it permits the VOA to disclose information rather than placing a requirement to do so. This approach safeguards the interests of ratepayers and their data, but I am clear that within the necessary constraints of the clause we are committed to the transparency of valuations.

Amendments 9 and 10 from the noble Earl, Lord Lytton, seek to remove the requirement in Clause 13 for rate- payers to submit an annual confirmation as well as a notification to the VOA when there is a notifiable change related to their property. On this amendment, the Government are mindful of those concerns. Of course, we should not burden businesses where we do not need to. However, we have a safeguard in place for that very purpose. The Bill provides that the annual confirmation can be brought into force later than the other parts of the VOA duty, and the Government have been clear that we will not bring it into force until we have ensured that it will be sufficiently straightforward for ratepayers to complete. We intend that completing the annual confirmation should be a matter of only a few minutes for those who are already up to date with the duty. Moreover, the annual confirmation will serve a valuable purpose for ratepayers, as well as the VOA. By providing a further opportunity to ensure that they have complied with the duty, the annual confirmation will act as a safety net.

Amendment 11 seeks to prevent the VOA backdating changes to the rating list after a certain period. We are aligned on the importance of the VOA acting promptly and accurately on information received about a property. The VOA takes this very seriously and is performing well—it meets its own targets for processing checks within 12 months and challenges within 18 months in 99.9% and 98% of cases respectively. Of course, as we develop these new systems for the VOA duty, we will review the VOA’s operational targets accordingly, but in light of the VOA’s performance on its existing targets we do not see the need for primary legislation in this space. Furthermore, we hope the noble Earl will recognise that the information provided under the duty may vary considerably by type of property. In the view of the Government, that does not point to a one-size-fits-all approach being appropriate. Instead, it requires effective and transparent performance monitoring, which we will continue to provide under the new system.

I shall explain the steps the Government are taking through government Amendments 12 and 13 to improve the penalties regime for the VOA duty following proposals made by the noble Earl, Lord Lytton, in Committee, for which I am grateful. Amendment 12 deals with the daily penalties which the VOA may apply where a ratepayer continues not to comply with the valuation notification requirement 30 days after being served an initial penalty notice. Its purpose is to encourage timely compliance with the duty. However, it has been noted that in the similar provision for the separate duty to provide HMRC with a taxpayer reference number, a cap on daily penalties equivalent to 30 days of the maximum penalty is applied. The Government have decided to extend this protection for ratepayers to the valuation notification duty. Of course, it is vital that the VOA can secure the information it needs to deliver more frequent revaluations, and to do this it needs effective compliance tools. Nevertheless, the Government have reflected on the points raised in Committee and accept that placing a cap on the total amount a ratepayer may be fined is appropriate. I have a note that I hope helps the noble Baroness, Lady Hayman: this is equivalent to 30 days of penalties, each being £60.

Amendment 13 alters the burden of proof that the valuation tribunal should apply when deciding whether to uphold a penalty decision. The penalty decisions with which this is concerned are for the criminal offence of knowingly or recklessly making a false statement. The Bill prescribes that, for a higher penalty to be applied, the VOA must be satisfied beyond reasonable doubt that the ratepayer has made the false statement knowingly or recklessly. That is the correct standard of proof for a criminal offence.

However, the noble Earl, Lord Lytton, identified an issue with the procedure where a ratepayer appeals such a penalty decision to the valuation tribunal. The tribunal would have to be satisfied beyond reasonable doubt that the ratepayer had not committed the offence. The Government wish to amend this to ensure that the proper burden of proof is applied, to the benefit of ratepayers.

Finally, Amendment 20 is a minor and technical change that we think we should make to the 1988 Act as a consequential effect of the provisions in this Bill concerning business rates multipliers. Clause 15 makes changes to the multiplier rules and separates the multiplier provisions relating to England and Wales. Section 140(2)(b) of the Act refers to Ministers making separate estimates of rateable value for England and Wales. As the provisions relating to England and Wales will now be separate, that section is obsolete and can be deleted. This is simply a drafting correction to improve the clarity of the statute book and the Government do not foresee any practical effect.

I thank the noble Earl, Lord Lytton, for his scrutiny of this area of the Bill, which has allowed us to make important improvements. I hope, with those reassurances and our amendments, he will be prepared to consider not pressing his amendments.

[The Earl of Lytton (CB)]

My Lords, before the noble Baroness sits down, there is something that I probably should have asked her about earlier in connection with her Amendment 12, which is the figure of £1,800. Discussions with her noble colleague and the Bill team made it clear that it is intended to be an aggregate figure. I do not know whether she referred to that but I did not hear; if she could confirm that that is so, just for the record, I would be very grateful.

[Baroness Swinburne (Con)]

What I can confirm is what I have written on my note, which says that this is 30 days of penalties, which are £60 per day, which comes to the figure of £1,800 that the noble Earl referred to.

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Moved by

[Baroness Swinburne]

12: Clause 13, page 27, line 24, at end insert “(but see sub-paragraph (4)).(4)P’s total liability under sub-paragraph (3) may not exceed £1,800.
P’s total liability under sub-paragraph (3) may not exceed £1,800.”Member's explanatory statement
This amendment would limit the daily penalties that a person can be liable to under new paragraph 5ZD(3) of Schedule 9 to the Local Government Finance Act 1988 (inserted by clause 13(5) of the Bill) for a continuing infringement of new paragraph 5ZC(1) of that Schedule (inserted by the same clause) to a maximum of £1,800.