Public Health Restrictions: Government Economic Support

Lord Spellar Excerpts

Tuesday 13th October 2020 Commons Chamber

[Steve Barclay]

My right hon. Friend the Chancellor has sought to do that throughout this crisis. In the interests of brevity—as requested from the Chair—I would point to the example we had with the shielding programme. I think it was a very proud record, which indicates that intent.

[John Spellar (Warley) (Lab)]

It is a shame the Chancellor is not here today because the Treasury needs to get a better answer to the question from the right hon. Member for Central Devon (Mel Stride) and others: what is the evidence, not anecdotes, to back up the case for the curfew and lockdown for the vast hospitality sector, which is facing closures, cashflow crises and job losses across pubs and clubs, restaurants and cafés, betting shops, bingo halls, casinos, theatres and cinemas, gyms and wedding venues? Treasury Ministers either have to secure a change in direction of Government lockdown policy or they have to up the level of support. Which is it going to be?

[Steve Barclay]

The fact that, in the course of this urgent question, we have been criticised both for not locking down enough and for locking down too much indicates that these are balanced decisions. The right hon. Member is right to point to the SAGE advice, which I know got a lot of media commentary this morning. In an earlier reply, I addressed the fact that there are concerns about outbreaks linked to bars and whether compliance is worse later at night, but that is part of the package of measures. That is why, in September, we brought in the additional measures we did. It is why, yesterday, the Prime Minister went further with a tiered approach, but it is a balanced approach.

Economic Update

Lord Spellar Excerpts

Wednesday 8th July 2020 Commons Chamber

[Rishi Sunak]

My right hon. Friend knows this subject particularly well, so I am grateful to him for his comments. He makes two very interesting suggestions and I look forward to discussing them with him further.

[John Spellar (Warley) (Lab)]

In his reply to the right hon. Member for Wokingham (John Redwood), the Chancellor said that leaving the EU gave us the opportunity to reform our procurement regulations, so will he say exactly when he will take that opportunity and send out revised guidelines to tell Whitehall and town halls to prioritise British-based companies and British jobs? [Interruption.]

Finance Bill

Lord Spellar Excerpts

2nd reading & 2nd reading: House of Commons & Programme motion & Programme motion: House of Commons & Ways and Means resolution
Monday 27th April 2020 Commons Chamber

[John Spellar (Warley) (Lab)]

Thank you, Madam Deputy Speaker. You missed the historical perspective given by the Minister, but I will, if I may, focus on the economics and the politics—the politics being about decision making.

Before I came into Parliament, I was a national officer in the electricians’ and plumbers’ union. I used to have to explain to people that the reason a problem got on to the general secretary’s desk was because it was insoluble. Otherwise, someone else would have made the decision and claimed the credit. In government, it is the same. The reason decisions are at No. 10 is that there are no easy answers. It is dealing with ambiguity and it is dealing with possibilities and probabilities, but nevertheless decisions still have to be made. There will be some that go wrong. It is the Eisenhower doctrine—all plans break down on first contact with the enemy. He also added, as people forget, that it is nevertheless still necessary to plan. That is where the military mindset of making decisions rapidly and moving rapidly towards implementation comes in. Frankly, the Treasury, while it is talking to other Departments and giving them money, has to insist on a change in practices. The old dither, delay and process-driven mechanisms are no longer acceptable. They have to either change their ways or move out of the way.

The other message I would like to get across is that we have to get our country moving again by opening up our economy and, at the same time, ensuring the safety of workers and customers alike. I am sure the Minister will join me in welcoming the positive message from the Trades Union Congress and the negotiations that are taking place right across the country between unions and companies about how they can safely restart work. It must be the frontline that Government support goes to. Denmark and Poland have, very helpfully, led the way in seeming to be declining subsidies to companies based in tax havens or paying dividends or lavish bonuses or using share buy-back schemes. We should be following that and supporting real engineers, rather than financial engineers. The same goes for public procurement. If we look, for example, at the production and distribution of PPE equipment, I have to say that I am slightly concerned that the Government seem to have, as always, gone straight to the big consulting companies, rather than real industrial and commercial companies that actually have that experience and know how to join it up.

This crisis has also revealed a neglect of our manufacturing base by Whitehall. We must hope that the lessons have been fully learned, and our national recovery must be focused on rebuilding industry. That requires Government to act as not only legislator and administrator, but customer. We may well be facing a deficiency of demand that will mean that the restarting of the economy is in fits and starts, and Government needs to look at what role it can play. It can order buses, cars, vans and trucks to get the auto industry going; it can have a programme of council housing and of road repairs, in order to get construction and building materials moving; and it can give orders to British firms for health service equipment, protective clothing, chemicals and a reconstruction of our vaccine production capacity. There are many more things it can do, but time does not permit me to mention them all. Equally, time does not permit me to raise the issue of the difficult situation supply teachers have got themselves into with umbrella companies, which puts them in a grey zone. I have been warning about this for a number of years, since as far back as five years ago, but I will write to the Minister about it.

In conclusion, I wish to echo the words of the new Leader of the Opposition—colleagues will understand what great pleasure it gives me to be able to say that after five years. He told the Prime Minister:

“This is a national crisis and therefore needs a national response. Will you therefore commit to publishing an exit strategy as soon as possible?”

The country desperately needs that strategy, a way forward and, most importantly, hope. We do not want to be told that everyone is focusing on the coronavirus epidemic; during the second world war they were in an existential world war and we had a command economy, yet they were still able to produce the Beveridge report and a host of other measures planning for the future. That report identified five giants—want, squalor, idleness, ignorance and disease. We are focusing on disease, but those other giants are still killing people, here and around the world, which is why we need an urgent strategy from the Government and why we need Britain back to work safely.

Oral Answers to Questions

Lord Spellar Excerpts

Tuesday 24th March 2020 Commons Chamber

[Rishi Sunak]

I thank my hon. Friend for her support, and join her in paying tribute to Sandwell Community Caring Trust, which we will be relying on through this difficult period. I can confirm that charities are eligible for the job retention support programme. Further to that, we have allocated extra funding to the Ministry of Housing, Communities and Local Government to provide money to local charitable or caring organisations, especially to help those we are attempting to shield—the most vulnerable—in order to protect them against the effects of the coronavirus.

[John Spellar (Warley) (Lab)]

Yesterday in the Chamber, I and my right hon. Friend the Member for Birmingham, Hodge Hill (Liam Byrne) raised the question of escalating prices in local shops and concerns about profiteering. We understand that the Competition and Markets Authority may be looking into this issue, but may I ask the Minister to urge it very rapidly to look at where this is taking place? Is it local shops, wholesalers or cash and carry, or suppliers? Is it even to do with the international market in terms of perishable goods? This is a matter of real concern. Once the Government have found out where the problem is, will they bring forward measures to crack down on this profiteering?

Loan Charge 2019: Sir Amyas Morse Review

Lord Spellar Excerpts

Thursday 19th March 2020 Commons Chamber

[Jesse Norman]

I have in my hand a detailed document designed to address this very issue. It goes through a whole range of different approaches and integrates them into a strategy. I would be delighted to have any input that she would like to make about other ways in which that can be improved and developed. We work on the basis of the law as it presently stands, and which we have inherited. It is itself the result of previous Parliaments, including of course the parliamentary consideration of the loan charge. We have to work with the hand we have got, and improve it as fast and as comprehensively as we can.

I will now address the motion directly and then, in the limited time I have, turn to the comments that have been made. Is the loan charge retrospective? Again, I think it is clear that it is not. It was introduced as a new measure in 2017. It taxes a loan outstanding at a future date. It does not change any law previously on the statute book.

It has been asked why the loan charge was introduced. In the words of Sir Amyas Morse, it

“offers an expedited means of collecting tax that is due”.

Is the loan charge unjust? Again, I would suggest not. If one asks the average man or woman in this country, I think they would say, “Everyone should pay their fair share of taxes. People are responsible for their own tax affairs. Real loans get repaid; if someone offered you a loan for which no repayment, no tax and no interest was due, it would probably be too good to be true.” And so it is.

The numbers seem to bear that out. More than 99.8% of the tax-paying population have never used a scheme. Even among the freelance population, the take-up has been only 2.5%. It is notable that Sir Amyas Morse was clear that he supported the essential purpose of the loan charge and that it should remain in force.

We have heard a lot about how the law was not settled in 2017. Again, as I said, I can do no better than refer colleagues to section A of the Morse review, which carefully reconstructs the history of the past 20 years of disguised remuneration.

Let me quickly turn to the many excellent contributions that have been made. I will start with the excellent contribution made as a point of order by my right hon. Friend the Member for New Forest West (Sir Desmond Swayne), who pointed out the excellence of my book on Adam Smith—I thank him for that, although I defer to the hon. Member for Kirkcaldy and Cowdenbeath (Neale Hanvey), as Kirkcaldy was, of course, Smith’s home town. My right hon. Friend the Member for New Forest West will recall—he taught economics so he must know about these things—that Smith not only set out the ideals of a well-functioning tax system, which we all aspire to achieve, but was, for the last 12 years of his life, a practising commissioner of customs, attempting to wrestle with an ever-evolving customs market and seeking to extract duty and tax due, and rightly so.

I would like to touch on the statesmanlike comments of the hon. Member for Bootle, the shadow Chief Secretary, which perhaps reflected his imminent expectation of taking my seat on this side of the aisle. He recognised that what people do not pay in tax due, someone else must. He is right about that. He noticed that if it looks too good to be true, it probably is. He is right to focus, as others have, on the enablers and promoters.

[John Spellar (Warley) (Lab)]

Will the Minister give way?

[Jesse Norman]

I have half a minute left. The right hon. Gentleman has only just arrived, so it is a little impertinent to raise a question at this point.

It is important that we focus on the centrality of the claim. Sir Amyas Morse has looked at it, and he has attempted to find a Jupiterian way through complicated tax issues and to deal, with equity, with the different interests and parties involved. I think he has succeeded, which is why the Government, comprehensively, with one exception, have accepted his conclusions.

Public Sector Exit Payments (Limitation) Bill

Lord Spellar Excerpts

Friday 13th March 2020 Commons Chamber

[Sir Christopher Chope]

I am sure that the issue does happen in Scotland, and I hope the measures will apply across the whole country, although the latest consultation document that the Government issued indicated that there might be different treatment in different parts of the United Kingdom.

The matter has reached the stage of being a public scandal, because money is tight and the Bill is a means of recovering £200 million a year for the taxpayer, both locally and nationally. It is unfortunate that, as a result of answering questions from me, successive Ministers have had words put into their mouths or put on the record that have now proven to be completely untrue, I am afraid. What more can one say? The current Chief Secretary has assured me that he will not fall in the same trap as his predecessors.

The regulations could be issued pronto. Why have they not been? We were told that there needed to be a consultation. After a lot of pressure, the consultation was issued in April 2019, and the responses had to be in very quickly by July 2019. Have the Government yet issued their response to those responses? No, they have not, because it is all so complex.

[John Spellar (Warley) (Lab)]

The hon. Gentleman is rightly drawing attention to a significant problem. Is there not another aspect to it, which is that many of these individuals, quite frankly, should not be being given any payments, because they should actually be being sacked for failure to perform their jobs? They are taking sums of money and then transferring to other parts of the public sector, where they will have a repeated pattern of failure. Is there not a need for a real change in culture inside the public sector, particularly, I regret to say, inside management levels of the national health service?

[Sir Christopher Chope]

The right hon. Gentleman is absolutely right about that. That is why organisations such as the TaxPayers Alliance are trying to work with the general public to raise the profile of these subjects. What is happening is a concerted fraud upon the taxpayer by these officials, who are cosying up to each other and ensuring that they are the only people who do not suffer as a result of their own incompetence.

--- Later in debate ---

[Sir Christopher Chope]

I am not sure that that is an adequate excuse. It could be a justification for everything, but in the Treasury it is an issue of priorities. There is no reason why, if hon. Members are given a promise that something is going to be done on a particular date, that promise should not be honoured.

[John Spellar]

The hon. Gentleman should come down a bit harder on that explanation from his hon. Friend, who is fundamentally saying that the Government are incapable of chewing gum and walking at the same time.

[Sir Christopher Chope]

I am not sure that my hon. Friend would have put it quite that way. The House needs to have a mood of intolerance of serial incompetence, if not a conspiracy of silence and inaction among people in the civil service.

The Value Added Tax (Reduced Rate) (Energy-Saving Materials) Order 2019

Lord Spellar Excerpts

Monday 24th June 2019 General Committees

[The Financial Secretary to the Treasury (Jesse Norman)]

I beg to move,

That the Committee has considered the Value Added Tax (Reduced Rate) (Energy-Saving Materials) Order 2019.

It is a great pleasure to serve under your chairmanship, Mr Robertson. The instrument amends the Value Added Tax Act 1994 to alter the scope of the reduced rate of VAT for the installation of energy-saving materials. That ensures consistency with the 2015 judgment of the Court of Justice of the European Union.

As the Committee will know, this Government are deeply committed to greening our economy and our society and bid fair to be the greenest Government ever. It is of huge regret to us that we have felt compelled to make this change because of EU regulation.

Under current UK VAT rules, a reduced rate of 5% applies to the installation of energy-saving materials such as insulation, solar panels and other technologies in residential properties. Under EU law, it is not possible to remove VAT from those materials, so the reduced rate of 5% applies. The VAT relief aims to lower the cost for consumers and families to install those energy-efficient products in their homes.

In 2011, the European Commission launched an infraction proceeding against the UK, arguing that the scope of the UK’s reduced rate for the installation of energy-saving materials was too wide and needed to be changed. The Government did not agree with the European Commission’s infraction proceeding, so the matter was heard by the Court of Justice of the European Union. In 2015, the Court agreed with the Commission and found that the scope of the UK’s reduced rate for energy-saving materials was indeed too wide.

Under EU rules, the UK is obliged to comply with the decision of the EU Court of Justice. If it does not, the European Commission will be required to issue infraction fines against the UK.

[John Spellar (Warley) (Lab)]

Given that the Prime Minister and others, including the Conservative leadership candidates, say that we are going to leave the EU on 31 October, why is the Minister rushing to comply rather than ignoring this and waiting until then?

[Jesse Norman]

As the right hon. Gentleman will know, it is hardly rushing to respond to an infraction proceeding that began in 2011 and involved a European Union Court of Justice appeal in 2015. While we remain a member of the EU, we are required to obey its laws. When we leave the EU, we will of course be in a position to revisit the issue.

[John Spellar]

I understand the build-up—it always takes this long—but given that Britain may leave the EU in only a few months, why does the Minister feel it necessary to do this now?

--- Later in debate ---

[Richard Benyon (Newbury) (Con)]

I have some sympathy with the Minister. As a Minister in 2010, I inherited a situation where the Government were being taken to the European Court and were going to be subject to substantial multimillion pound fines on an occasion when the British Government intended to have a stronger environmental ambition than the rest of the European Union. That continued to happen relentlessly throughout my three and a half years as a Minister, attending international forums where we were promoting ideas and ambitions that were greener and more environmentally friendly than those of the rest of our European partners.

I remember a conversation during the EU co-ordination meeting at a congress of the parties in Hyderabad, in which an appalling person from the European Union—a Brit, actually—threatened the British Government that if we continued to hold out for our high ambitions, which I think were on biodiversity targets, we would go against the principles of the Lisbon treaty and we would be subject to a fine. I have never had my pro-European tendencies tested more than when I was representing Britain in international forums and had to spend hours sitting in European co-ordination meetings, only to hear such a thing.

The Opposition spokesman, the hon. Member for Bootle, can have a bit of fun on these occasions, but because he is a sensible person he knows that if he were in Government he would not want to put the Government in the position of having to pay a huge infraction fine. My friend, the right hon. Member for Warley, knows too that the timetable of such things is not in the Government’s gift. Very quickly we could find ourselves in a position, regardless of where we are in terms of our exit from the European Union, where we are at risk.

It is not something that any of us feels comfortable with. I and other Members are working hard on a proposal to the Government that may be of some assistance in trying to find a way forward, both while we are members of the European Union and soon after we have left.

[John Spellar]

May I help the right hon. Gentleman with his difficulty? The reason the European Commission behaves like that towards the British is because the British civil service rolls over to it. Were our civil service prepared to be as robust as the French are in response, there could be a much more realistic relationship. One could not imagine French Ministers in a similar position introducing a measure in this way, with this timescale.

[Richard Benyon]

I respect the way in which the right hon. Gentleman presents that argument, but I think he knows that that is a fallacy. Such things are frequently said, but I assure him that my civil servants were as robust as they could be, and I and my fellow Ministers were as robust as we could be. However, we came up against the legal bulwark of the Lisbon treaty, and there was nothing that we could do.

I wish to probe a couple of points. Some years ago, a similar situation arose regarding VAT on repairs to churches. The Government produced something called the listed places of worship grant scheme to offset that. Could the Minister suggest a grant scheme to offset the cost as part of a future Budget? If we leave the European Union at the end of October, it would be good to have some idea of the Government’s ambitions post exit.

Secondly, under current HMRC guidelines, battery installs can attract the reduced 5% rate only if they are installed at the same time as new solar, unlike all the other technologies defined as energy saving by HMRC, which can be installed separately. However, the proposed HMRC change means that any combined solar and storage system is likely to be over the 60% material/install threshold and, therefore, will attract the full 20% VAT rate. I would like to ask the Minister about the option for HMRC to allow stand-alone battery installs to attract the 5% rate, opening up the battery retrofit market to around 1 million homes that already have solar.

The justification for defining batteries as energy-saving materials is that domestic PV customers in the UK typically self-consume just a quarter of energy generated, because solar generation tends to be in the daytime, whereas UK home power demands tend to be at night. The rest will be spilled on to the grid. If a customer buys a battery, their self-consumption proportion typically would increase to around 70%—a huge efficiency improvement to the overall system for the customer, with the added benefit of reduced energy bills. Would the Minister consider that as a way forward?

Wild Animals in Circuses (No. 2) Bill

Lord Spellar Excerpts

2nd reading: House of Commons & Programme motion: House of Commons
Tuesday 7th May 2019 Commons Chamber

[David Rutley]

We will do everything we can. We are completely committed to making sure that the legislation gets into place. The hon. Lady has been keen to see it through, and we will do that. We are absolutely committed to delivering on this legislation.

[John Spellar (Warley) (Lab)]

This has been a pretty sorry story of delay, but I welcome the fact that the Bill is now here, given the lack of legislative business. Will the Minister say when the Government will bring forward legislation on increasing the penalties available to the courts for those guilty of animal cruelty? That is another issue that has been waiting a long time. It urgently needs to be resolved.

Puppy Smuggling

Lord Spellar Excerpts

Tuesday 2nd April 2019 Westminster Hall

[Nigel Huddleston]

I thank my hon. Friend for making that point; indeed, I am just about to come on to it. I think we are suffering from the unintended consequences of some changes in schemes and programmes.

Of course, puppy smuggling at heart is an industry perpetrated by people who are motivated purely by money. They can make up to an incredible £35,000 per week by illegally transporting puppies through our borders, to be sold to unsuspecting dog lovers in the UK. The root cause of puppy smuggling seems, indeed, to be the ease with which gangs can abuse the pet travel scheme that operates across Europe, which is otherwise known as PETS.

[John Spellar (Warley) (Lab)]

I thank the hon. Gentleman for giving way; he rightly identifies the large sums of money that can be made either by individuals or by organised crime gangs. These criminals appear to make a very fine cost-benefit calculation, which reinforces the need, expressed by a number of animal charities, to increase the penalties for maltreating animals. There should also be confiscation of vehicles, so that this business is no longer a paying business.

[Nigel Huddleston]

I thank the right hon. Gentleman for making that point. Indeed, many and various recommendations have come out of this debate, and of course disincentivising this really despicable trade in every way we can is very important. Penalties, fixed fines and indeed criminal sanctions are, of course, the things that we all need to consider.

Draft Food and Farming (Amendment) (EU Exit) Regulations 2019

Lord Spellar Excerpts

Tuesday 26th March 2019 General Committees

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (David Rutley)]

I beg to move,

That the Committee has considered the draft Food and Farming (Amendment) (EU Exit) Regulations 2019.

It is an honour to serve with you in the Chair again, Mr Gray. These regulations group elements of four policy regimes: spirit drinks, wines, genetically modified organisms and agricultural direct payments. The purpose of this statutory instrument is to make purely technical or operability corrections, ensuring that these regimes continue to function as intended. The corrections deal with removing or amending references, converting EU procedures to UK procedures, and transferring EU functions to the UK.

For genetically modified organisms, the SI makes purely technical changes, to keep the retained EU legislation operable on exit from the EU. The operability changes will allow us to continue to regulate and enforce the applications process for consent to market genetically modified organisms in the UK. It will also allow us to continue to regulate the export of genetically modified organisms—both those that originate in the UK and those merely passing through the UK. The SI also seeks to correct minor errors in EU exit statutory instruments that have already been made.

[John Spellar (Warley) (Lab)]

I seek a bit of clarity from the Minister; I was just looking through the documentation. Will we just carry on with the EU-directed regime, which is based not on science, but on hysteria against genetically modified organisms—particularly genetically modified crops? Alternatively, will we be able to use Brexit to get a policy based on science and agriculture, which would embrace that technology where appropriate?

[David Rutley]

The right hon. Gentleman makes an important point. Obviously, science will underpin our approach to genetically modified organisms, but it is worth noting that there are no genetically modified products in the approval pipeline, at least in the UK, and none is anticipated.

[David Rutley]

The hon. Gentleman also makes an important point, one that the Opposition Front Benchers—perhaps I should call them the three musketeers—have consistently been making, with support from the Scottish National party spokespeople, too. I stress—as I have on numerous occasions, but it is worth doing it again for the record—that there is no intention whatever to water down our standards. I wanted to make that point, because it is easy to get concerned about these issues. As the hon. Member for Stroud will recognise in his remarks, these regulations are about operability changes; they are not about changing policy.

[John Spellar]

There is a world of difference between watering down regulations that are clearly of proven scientific benefit to consumers, animals and the environment, and policies that are based purely on campaigns with a heavy degree of hysteria—particularly those against genetically modified crops, which have no proven negative impact on the health of the individuals consuming them. Is the Minister suggesting that we are not going to take the opportunity? There may not be an application, and that may be because the current policy is dictated by one or two European countries. Will we not become a bit more progressive and take a science-based approach?

[The Chair]

Order. If the Minister wishes to answer that question, he must do so strictly in the context of the statutory instrument before us.