Tax Avoidance

Baroness Laing of Elderslie Excerpts

Wednesday 11th February 2015 Commons Chamber

[Caroline Lucas (Brighton, Pavilion) (Green)]

On a point of order, Madam Deputy Speaker. The Government have allowed a derisory amount of time for consideration of all aspects of the Infrastructure Bill, particularly given that issues around fracking are so controversial. Is there any way of allowing us to speak for at least two hours, rather than the one hour designated for consideration of Lords amendments, not least because there are now substantive new amendments from the other place, and we ought to do them justice by having proper time to discuss them?

[Madam Deputy Speaker (Mrs Eleanor Laing)]

I can certainly give the hon. Lady advice on that matter. I am about to put the programme motion to the House, and I do not know whether it will agree to it or not. If the House agrees to the programme motion, the amount of time available will be one hour. If it does not agree, there will be another procedure.

National Insurance Contributions Bill

Baroness Laing of Elderslie Excerpts

Tuesday 3rd February 2015 Commons Chamber

Consideration of Lords amendments

[Madam Deputy Speaker (Mrs Eleanor Laing)]

I must draw the House’s attention to the fact that financial privilege is involved in Lords Amendment 1. If the House agrees to it, I shall ensure that the appropriate entry is made in the Journal.

Before Clause 1

Secondary Class 1 contributions: apprentices under 25

Financial Conduct Authority Redress Scheme

Baroness Laing of Elderslie Excerpts

Thursday 4th December 2014 Commons Chamber

[Several hon. Members]

rose—

[Madam Deputy Speaker (Mrs Eleanor Laing)]

Order. Several Members are trying to catch my eye and we have limited time available. I am therefore obliged to introduce a 10-minute time limit on Back-Bench speeches.

Taxation of Pensions Bill

Baroness Laing of Elderslie Excerpts

Wednesday 3rd December 2014 Commons Chamber

[Cathy Jamieson (Kilmarnock and Loudoun) (Lab/Co-op)]

I beg to move, That the clause be read a Second time.

[Madam Deputy Speaker (Mrs Eleanor Laing)]

With this it will be convenient to discuss the following:

New clause 2—Pension flexibility: Treasury review—

‘(1) The Chancellor of the Exchequer shall, within a period of no more than 18 months from 6 April 2015, publish and lay before the House of Commons a comprehensive review of the impact of the changes made by this Act to the Finance Act 2004 and the Income Tax (Earnings and Pensions) Act 2003.

(2) The information published under subsection (1) must include—

(a) the distributional impact, by income decile of the population, of changes made by this Act to the Finance Act 2004 and Income Tax (Earnings and Pensions) Act 2003;

(b) the impact on Exchequer revenues of measures contained within Schedule 2: Death of a Pension Scheme Member, related to changes to the taxation of pensions at death;

(c) a behavioural analysis;

(d) an analysis of the cumulative impact of this Act on Exchequer revenues;

(e) an analysis of the impact of this Act on the purchase of annuities.”

Amendment (a) to new clause 2, line 13 at end insert—

“() an analysis of the impact of the changes introduced by this Act on the housing market;”

[Cathy Jamieson]

It is a pleasure to be here this afternoon for Report stage and Third Reading, and I do not think I can quite do justice to the excitement and delight that I felt when I saw that the final stages were indeed to be taken straight after the autumn statement. I am sure that is a view shared by the Minister, who will also be grateful for this miraculous feat of scheduling. Given the vast numbers who have turned out to hear us this afternoon, the excitement is obviously broadly shared across the House.

This is a serious Bill, however, and we have serious matters to discuss this afternoon, so I will now turn to the content of new clauses 1 and 2. There is a certain symmetry to the scheduling of today’s proceedings, because the reforms in the Bill were first announced in the Budget statement and we are now discussing the Bill’s final stages alongside the autumn statement. We should be impressed—if that is the right word—by the speed with which the Government have rushed through these very significant pension reforms, although, given that we will now rush through something else even more quickly as a result of the autumn statement, perhaps I should have waited to hear that statement before writing that line in my script for this debate.

Childcare Payments Bill

Baroness Laing of Elderslie Excerpts

Monday 17th November 2014 Commons Chamber

[Alison McGovern (Wirral South) (Lab)]

I beg to move, That the clause be read a Second time.

[Madam Deputy Speaker (Mrs Eleanor Laing)]

With this it will be convenient to discuss the following:

Amendment 12, in clause 11, page 7, line 8, after “may —”, insert—

“(a) repeal this section, or”.

Amendment 13, in clause 15, page 9, line 10, after “may —”, insert—

“(a) amend this Act to allow childcare accounts to be held by persons other than those specified in subsection (1),”.

Amendment 3, in clause 30, page 17, line 3, leave out

“an award of tax credit is or has been made”

and insert

“an award of tax credit which includes the childcare element is or has been made”.

Amendment 4, page 17, line 18, after “credit”, insert

“which includes the childcare element”.

Amendment 5, page 17, line 22, after “credit”, insert

“which includes the childcare element”.

Amendment 6, page 17, line 31, after “credit”, insert

“which includes the childcare element”.

Amendment 7, in clause 32, page 19, line 16, after “credit”, insert

“which includes the childcare element”.

Amendment 8, in clause 35, page 21, line 21, after “credit”, insert

“which includes the childcare element”.

Amendment 9, page 21, line 32, after “credit”, insert

“which includes the childcare element”.

Amendment 10, in clause 36, page 22, line 12, after “credit”, insert

“which includes the childcare element”.

Amendment 11, page 22, line 24, after “credit”, insert

“which includes the childcare element”.

[Alison McGovern]

It is a pleasure to speak in support of new clause 2, which stands in my name and that of my hon. Friend the Member for Newcastle upon Tyne North (Catherine McKinnell). Before I continue, may I pause briefly to pay tribute to the outstanding work that my hon. Friend the Member for Manchester Central (Lucy Powell) did as my predecessor in this shadow position, and in particular to her scrutiny of the Bill in Committee?

In and of itself, this is not a bad Bill. We agree with its aims; it sets out to address serious issues relating to child care costs and affordability, which we recognise form a major part of the crisis hitting so many families in Britain today. Our concerns with the Bill are that, for all its good intentions in proposing this scheme for payments towards child care costs, Treasury Ministers have not thought through all the potential consequences.

Some of the Bill’s weaknesses may arise from the fact that, as far as the Government are concerned, this is purely a Treasury Bill; it has perhaps lacked some valuable input from those with a stronger experience of how the child care market actually operates—or, in far too many cases, fails to operate—in this country.

In oral evidence to the Committee, numerous organisations and experts raised concerns about the long-term effects of the Bill, and we have seen little movement from the Government to address those worries. The new clause seeks to go some way to rectifying that, by requiring the Chancellor to keep under review the impact the scheme has on issues of child care cost inflation and, thus, affordability.

Let me say a few words about the situation in which we find ourselves. There is, undeniably, a crisis in child care costs. There is no need to take my word for that or to rely on the testimony we hear on the doorsteps in our constituencies. The Office for National Statistics tells us that between 2010 and 2014 the cost of placing a two-year-old or older in nursery rose by 31%—wages rose by just under 4% in that period—and for under-twos the figure rose by 27%. [Interruption.] If the hon. Member for Taunton Deane (Mr Browne), who is sitting on the Liberal Democrat Front Bench, wants to intervene, he is welcome to. [Interruption.] I shall take that to mean he does not.

The figures also reveal that, as we have seen so often during the past four years, the areas seeing the least benefit from this weak and uneven recovery have been hit the hardest by child care cost increases. In my region of the north-west, costs are up by 46% in just four years. Over the Pennines, in the north-east, the figure is 47%. A family in my constituency is having to find, on average, £31 a week more to fund 25 hours of nursery for their two-year-old, three-year-old or four-year-old. That is a hefty sum in almost anyone’s money. When that is tied in with frozen wages, reduced tax credits, increased VAT and soaring housing costs, it all becomes a pretty desperate recipe—I hear testimony on that from my constituents week in, week out.

We know that not only are there regional biases to costs, but families with disabled children are being hit disproportionately hard as well. I pay tribute to my hon. Friend the Member for Stockton North (Alex Cunningham), who was a doughty champion for the parents of disabled children in Committee and who has tabled amendments 1 to 13 today. The cross-party parliamentary inquiry on child care for disabled children, of which my hon. Friend was a member and which was chaired by my hon. Friend the Member for North West Durham (Pat Glass) and the hon. and learned Member for South Swindon (Mr Buckland), produced some valuable findings on that point.

Taxation of Pensions Bill

Baroness Laing of Elderslie Excerpts

Wednesday 29th October 2014 Commons Chamber

[Michael Fabricant (Lichfield) (Con)]

On a point of order, Madam Deputy Speaker. This is nothing to do with the debate—I apologise to my hon. Friend the Minister for interrupting it—but I was due to attend an event this evening at which I was, I believe, to receive an award. I understand at very short notice that I have been banned, along with a number of national journalists. The person who banned me was Mr Speaker, and I was wondering whether that is normal behaviour for a Speaker.

[Madam Deputy Speaker (Mrs Eleanor Laing)]

The hon. Gentleman has made his point most eloquently and the House has heard it. I confess to having no knowledge whatsoever of the matter to which he refers, and while I am certain that Mr Speaker would never wish any discourtesy to any Member of this House, the hon. Gentleman will understand that the matter he raises is not something on which the Chair can take any action at this moment.

Childcare Payments Bill

Baroness Laing of Elderslie Excerpts

Monday 14th July 2014 Commons Chamber

[Catherine McKinnell]

I think that the hon. Lady is straying somewhat from the subject of the debate, but I also think that a number of the workers who were involved in Thursday’s strikes were among the very lowest paid, who we know need this child care support and who are struggling to make ends meet. That was one of the motivating factors in the action that they took last week. I therefore do not think that the hon. Lady’s point was entirely irrelevant, but let me now return to the issue that is under discussion, which is child poverty.

There is concern about the fact that much of the progress that has been made has been either halted or, even worse, reversed by the Government’s policies over the last four to five years. The Government are absolutely on track to miss spectacularly their statutory obligations in terms of eradicating child poverty. As their own child poverty adviser Alan Milburn said recently,

“The Government’s approach falls far short of what is needed to reduce, let alone end, child poverty in our country.”

[Madam Deputy Speaker (Mrs Eleanor Laing)]

Order. I must draw something to the hon. Lady’s attention. Child poverty may be ancillary to the Bill that we are discussing, but she said that the matter before us was child poverty, and it is not; the matter before us is the Bill. However, I am sure that the hon. Lady is illustrating her remarks by referring to child poverty, and that she will soon return to the subject of the Bill.

[Catherine McKinnell]

Indeed, the next sub-heading in my speech is “The Bill”, so thank you, Madam Deputy Speaker. My point was that child poverty was the issue—the issue in front of us—with which I was dealing before I took a number of interventions. That issue is very pertinent, because we know that the provision of affordable child care is one of the key measures that will help children to be lifted out of poverty. We know that enabling parents to go to work and to be in stable, secure employment is the primary way of enabling them to bring their families out of poverty.

Let me reiterate—in the context of today’s debate and the Bill—that we support any Government action that will help families who are struggling with the child care crunch. However, as we know, this additional support does not do nearly enough to make up some of the ground that has been lost over the past four years. For a number of reasons, there is doubt about how effective it will be even when it arrives, in about a year’s time, and about how much better off families will be. The bottom line is this: the Bill confirms that there will be no help for parents who are facing a child care crunch until after the next election, which means that there will be virtually no help with child care for an entire Parliament under the Conservatives and the Liberal Democrats.

--- Later in debate ---

[Catherine McKinnell]

rose—

[Madam Deputy Speaker (Mrs Eleanor Laing)]

Order. Before the hon. Lady replies to the intervention, I simply draw it to her notice that she has now spoken for 44 minutes, which is more than twice as long as the Minister. I am not stopping the hon. Lady speaking because I appreciate that she is making some very good points and putting questions that have to be put. But before she considers taking other interventions, she might consider that other Members are waiting to speak.

[Catherine McKinnell]

Thank you, Madam Deputy Speaker. I am grateful for your guidance.

The final point I want to make concerns the delivery of this scheme. We are now some 14 to 16 months away from when the scheme should be up and running, according to the Government’s revised timetable, yet the Government still have not made a decision—at least publicly—about who will deliver the child care accounts through which parents will access Government top-ups and pay for child care. They originally announced in their consultation response that National Savings & Investments would be their delivery partner, but after ditching that decision and the preceding consultation process, they have backtracked and reopened the consultation process.

Will the Minister tell us why the Government commissioned a £38,000 cost-benefit analysis report by Economic Insight, which recommended an open, competitive market model for delivering child care accounts, and then simply ignored the report’s recommendations and chose an in-house provider, NS&I, instead? Will she clarify who will be delivering the child care accounts under this in-house option, as it is my understanding that the former Economic Secretary to the Treasury, now Secretary of State for Culture, Media and Sport, awarded a seven-year outsourcing contract to Atos in May 2013 to deliver all customer-facing and back-office services to about 25 million NS&I customers? If the Government continue with the previous plan to have NS&I deliver child care accounts, will the Minister clarify whether it will in fact be Atos delivering them? If that decision is taken, does the Minister plan to renegotiate, or at least revisit, NS&I’s contract with Atos to ascertain whether the company is up to delivering and maintaining accounts to potentially 2 million parents, considering that this would be significantly different from NS&I’s current activities?

Finance Bill

Baroness Laing of Elderslie Excerpts

Wednesday 2nd July 2014 Commons Chamber

[The Minister for Skills and Enterprise (Matthew Hancock)]

On a point of order, Madam Deputy Speaker. Given that the Office for National Statistics has confirmed this afternoon that four fifths of new jobs have been created outside London, and given that the Leader of the Opposition may inadvertently have misled the House by saying that the number of people waiting more than four hours in A and E has risen by over 300% when this is not accurate, may I take your advice on how the Leader of the Opposition may be brought before the House to retract these inaccuracies and apologise?

[Madam Deputy Speaker (Mrs Eleanor Laing)]

No, the hon. Gentleman may not take my advice. It is not the position of the Chair to advise hon. Members, far less the Leader of the Opposition, on the content of their speeches, but the hon. Gentleman has put his facts on the record, and I am sure that they have been noted on both Front Benches.

[Chris Leslie (Nottingham East) (Lab/Co-op)]

Further to that point of order, Madam Deputy Speaker. Is there anything that you can do to stop these eager Front Benchers seeking Cabinet preferment in the forthcoming reshuffle from making spurious points of order, when what they should do with statistics is allow the Office for Budget Responsibility to audit these—

[Madam Deputy Speaker]

Order. The hon. Gentleman knows that that is not a point of order, nor could it be further to a point of order, as there was no point of order.

[Ian Swales]

On a point of order, Madam Deputy Speaker. I made a point of order earlier today regarding a figure used yesterday by the hon. Member for Birmingham, Ladywood (Shabana Mahmood). The 2010 figure that I gave was correct, but I am now aware that the hon. Lady was using a figure derived on a new basis, so the comparison that I drew was incorrect. I felt that that should be put on the record.

[Madam Deputy Speaker]

I am grateful to the hon. Gentleman—[Interruption.] Order. I am grateful to the hon. Gentleman. That is a point of order. He has put the record straight, and the House is grateful to him.

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

On a point of order, Madam Deputy Speaker. Could you advise me, please, with reference to the inaccurate information that was given by the Prime Minister about waiting lists for A and E, and the fact that in 48 out of the past 52 weeks, A and E targets have been missed by this Government—

[Madam Deputy Speaker]

Order. I have already reminded the House that the content of Ministers’ speeches is not a matter for the Chair, and that is not a point of order.

New Clause 1

Oil contractor activities: ring-fence trade etc

‘Schedule (Oil contractors: ring-fence trade etc) contains provision about the corporation tax treatment of oil contractor activities.’—(Mr Gauke.)

Brought up, and read the First time.

[Mr Gauke]

I beg to move, That the clause be read a Second time.

[Madam Deputy Speaker (Mrs Eleanor Laing)]

With this it will be convenient to discuss the following:

Government new clause 2—Determination of beneficial entitlement for purposes of group relief.

Government new clause 3—General Block Exemption Regulation.

Government new clause 4—Co-operative societies etc.

Government new clause 5—Tax relief for theatrical production.

Government new clause 6—Exclusion of incentivised electricity or heat generation activities.

Government new schedule 1—Oil contractors: ring-fence trade etc.

Government new schedule 2—General Block Exemption Regulation.

Government new schedule 3—Taxation of co-operative societies etc.

Government new schedule 4—Tax relief for theatrical production.

Government amendments 42, 43, 5, 6, 1, 2, 4, 11 to 14, 7 to 10, 15 to 41, 3 and 44 to 66.

[Mr Gauke]

I will attempt to speak briefly to this long list of Government new clauses, new schedules and amendments, although I will respond later in the debate if any questions are raised.

New clause 1 and new schedule 1 make changes to provide a fair amount of taxation for activities carried out on the UK continental shelf in connection with the UK’s oil and gas resources. The Government are committed to maximising the benefits that the North sea can bring to the UK economy while ensuring that all companies benefiting from the UK’s natural resources, either directly or indirectly, pay their fair share of tax.

The UK is not currently receiving a fair amount of tax from companies that provide drilling rigs and accommodation vessels to the oil and gas industry. Many of those companies own their assets in lower tax jurisdictions overseas. Those assets are then leased to associated entities operating on the UK continental shelf through specialised leasing arrangements known as bareboat charters, giving rise to a large deductible leasing expense in the UK. That results in up to 90% of operating profit made in the UK being moved overseas.

This measure will cap the amount the UK base contractor can claim as a deductible expense for those leasing payments. It will ensure that companies pay a fair amount of tax for the activities they carry out in connection with the UK’s valuable natural resources.

New clause 2 makes changes to corporation tax group relief rules to remove an unintended restriction that has been identified in current anti-avoidance legislation. That legislation is well targeted and limits the opportunities for avoidance, for example through artificial groupings. However, the rules are triggered in limited circumstances where conditions are agreed or imposed on a group by the Government or a statutory body. That is clearly unintended.

The clause proposes a restricted amendment to section 169(2) of the Corporation Tax Act 2010 to exclude from the definition of “arrangements” situations where conditions are agreed or imposed by the Government. That will ensure that the anti-avoidance rules are more effectively targeted for the future and that companies involved in these specific commercial arrangements will have improved access to group relief. The amended rules will continue to ensure that they prevent manipulation of company control and group status and will continue to restrict access to group relief where appropriate. That will maintain the fairness and consistency of the tax system.

Government new clause 3 and amendments 42 and 43 make a number of changes to three capital allowances: enhanced capital allowances for zero-emission goods vehicles; enhanced capital allowances for enterprise zones; and business premises renovation allowances. All are state aids designed to comply with the general block exemption regulation. The existing regulation ended on 30 June and a new one took effect from 1 July. Although it is similar to its predecessor, the new regulation contains a number of differences that need to be reflected in those reliefs. The new clause and the amendments do that. Broadly, they ensure that various definitions found in those reliefs refer to the new general block exemption regulation.

In the case of enterprise zone allowances, it also excludes expenditure on energy generation, distribution or infrastructure, and broadband networks; restricts qualifying expenditure incurred by large companies in certain enterprise zones to new economic activities; and requires companies that make a production process more efficient to ensure that the qualifying expenditure exceeds by value at least three years’ depreciation of the machines being replaced.

New clause 4 and new schedule 3 make technical changes to the tax legislation applying to co-operative and community benefit societies, industrial and provident societies, European co-operative societies and credit unions to ensure that the definitions used in the legislation are clear, up to date and work as intended. There has been no policy change on the taxation of the various societies or the reliefs available to them, or indeed their members. There will be no effect on their tax position, but the changes we are making will ensure that the legislation is accurate and fully in accordance with the policy intention.

New clause 5 will introduce an additional corporate tax deduction and payable tax credit for theatre production costs. Production companies will be eligible for a payable tax credit worth up to 25% of qualifying expenditure for touring productions and 20% for all other productions. These provisions will be available from September for producers of a wide range of theatre and performance, supporting plays, musicals, dance, ballet, opera and circus.

Finance Bill

Baroness Laing of Elderslie Excerpts

Tuesday 1st July 2014 Commons Chamber

[Several hon. Members]

rose—

[Madam Deputy Speaker (Mrs Eleanor Laing)]

Order. I assume that Members taking part in the Finance Bill debate are arithmetically astute, so will be able to work out as quickly as I can that, if the Minister is to have any chance of answering the many points put to him, particularly by Opposition Front Benchers, the four people wishing to speak have little more than 10 minutes left. If they take less than three minutes each, everyone will get to speak; if they take more, they will be being discourteous to each other.

[Charlie Elphicke]

I will endeavour to be as brief as possible, Madam Deputy Speaker.

I have often made the case against tax avoidance—international and national—in the House. I have often mentioned the behaviour of the water companies, which used the quoted eurobond exemption to further their strategies. Yet I cannot support the new clause, which is, in the words of the Labour party’s head of policy, the hon. Member for Dagenham and Rainham (Jon Cruddas), nothing less than an “instrumentalised, cynical” nugget

“of policy to chime with…focus groups and…press strategies”.

The shadow Chancellor showed that at the weekend.

The new clause would not raise £500 million. I will be interested to hear the Minister say exactly how much it would raise, as in many cases double taxation treaties could be used. When I raised the loophole in question, my case was about the debt-equity gearing ratio—a far more effective way of looking at the issue. I would be surprised if the Labour party had consulted experts beyond its own advisers. Indeed, there was a consultation on this issue in 2012. I stand to be corrected, but I do not believe the Labour party gave a response to that consultation. It simply thought, “What wheeze can we table as a new clause to plonk out there for our press strategy as our instrumentalised policy nugget?”

The new clause is highly cynical. It has been devised purely to make a case and to say, “Yes, we are on the pitch in the tax avoidance debate.” In fact, when the Labour party was in power receipts from income tax doubled but receipts from corporation tax went up by 6%. Again, we heard cynicism in the debate today with remarks about the tax gap going up by £1 billion to £35 billion. That is because the economy is growing. In reality, the percentage has fallen from 7.1% to 7%, so the tax gap has been heading in the right direction.

The Government have done a lot to make the case on this issue and to take the battle to the tax avoiders. I support the accelerated payments regime—I differ from my hon. Friend the Member for Aldershot (Sir Gerald Howarth) on this—because people who are subject to it know that they are engaging in a tax avoidance arrangement that is going to be under attack, and so should be prudent and keep the money to one side. If they are not doing so, they should be thinking about things rather more carefully, because they know they have entered into an arrangement that is likely to be under attack from the Revenue.

Office for Budget Responsibility (Manifesto Audits)

Baroness Laing of Elderslie Excerpts

Wednesday 25th June 2014 Commons Chamber

[Relevant Documents: Oral evidence taken before the Treasury Committee on 12 March 2014, on the costing of pre-election policy proposals, HC 1151. Written evidence to the Treasury Committee, on the costing of pre-election policy proposals, reported to the House on 12 March 2014 and published on the internet, HC 1151.]

[Madam Deputy Speaker (Mrs Eleanor Laing)]

I inform the House that Mr Speaker has selected the amendment in the name of the Prime Minister.

--- Later in debate ---

[Several hon. Members]

rose—

[Madam Deputy Speaker (Mrs Eleanor Laing)]

Order. Before I call the Minister to move the amendment, I must inform the House that a great many hon. Members obviously wish to speak in the very limited time available. I will therefore put a limit on Back-Benchers’ speeches of six minutes, which may well be reduced later if they take many interventions and speak for much longer than six minutes. I hope that hon. Members will behave with courtesy to others and keep their speeches short.