Taxation (Post-transition Period) (Ways and Means)

Alan Brown Excerpts

Ways and Means resolution & Ways and Means resolution: House of Commons
Tuesday 8th December 2020 Commons Chamber

[Jesse Norman]

I thank my hon. Friend for having another go at this issue. Let me address the questions that he raises. I do not accept the point that he tries to make about whether this is, in some sense, an inappropriate procedure. As I have indicated, this is a product of a joint negotiation. The UK did not control the timing. It is as agreed with the other party to the debate and the discussion.

The Chancellor of the Duchy of Lancaster will be coming to this House at the earliest opportunity once he returns from Brussels, in order to make a statement to discuss this and to receive scrutiny from my hon. Friend and from other Members of the House. That seems to me entirely appropriate. I cannot, of course, comment on matters relating to the United Kingdom Internal Market Bill, but what I will say is that, in withdrawing these “notwithstanding” provisions, we do not regard that UK sovereignty is being in any way impeded or undermined—on the contrary. Therefore, I think his concern can be and should be allayed, but I leave it to the Chancellor of the Duchy of Lancaster to address those points tomorrow.

[Alan Brown (Kilmarnock and Loudoun) (SNP)]

The Business, Energy and Industrial Strategy Committee heard evidence this morning that the IT systems and processing procedures to allow the Northern Ireland protocol to be implemented on 1 January are not in place. Will the Minister update the House on what the Government are doing to rectify that situation to meet the technical provisions that he is bringing forward?

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[Jesse Norman]

I am afraid that inadvertently the right hon. Gentleman has misrepresented my position, or misdescribed my position. I am saying that we are following the Northern Ireland protocol and, therefore, following any provisions that he refers to, but what we are doing is putting in place mechanisms that make them as easy and as facilitated as possible, so that the experience of someone trading in Northern Ireland should be as close as possible to that which they would have today.

The Bill will allow us to amend or modify certain provisions in relation to VAT and excise, including mechanisms to ensure that, in so far as possible, VAT will be accounted for in the same way as it is today, as I have said. In addition, it will make provision for amending current legislation for excise duty. Most of these changes are necessary to ensure that there is comprehensive VAT and excise legislation in place in relation to Northern Ireland at the end of the transition period.

In addition to those steps, there is also a small number of other taxation measures that need to be in place before the end of the transition period. They include provision for an increase in the rate of duty on aviation gasoline, which will apply across the UK. Otherwise known as avgas, the fuel is a form of leaded petrol predominantly used in private aviation.

[Alan Brown]

I notice the Minister said private aviation. Is the Treasury going to look at hydrocarbon fuel duty overall? Kerosene is zero duty rated, which is ridiculous, when motorists pay duty. We need a system in which the duty is applied to kerosene used by airlines, but given the fragile state of the flight industry, we should perhaps do that in a cost-neutral way to it and the Treasury, by incentivising the use of sustainable fuels. Is that something that the Treasury would look at?

[Jesse Norman]

I admire the hon. Gentleman’s ingenuity in bringing this matter into a debate that has no direct relevance to that issue at all. I, like him, would like to see as green and sustainable a world as we can arrange. This is a measure that does not relate to kerosene; it relates to avgas, and it has to do with the need to harmonise—or rather, to manage—the relationship between Northern Ireland and the UK, and that is what we are seeking to do. The requirement for an increase is set out in the Northern Ireland protocol—again, it relates only to Northern Ireland—but we are expanding it to the whole of the UK to ensure consistency, to avoid burdens on business, and to reduce compliance risks for Her Majesty’s Revenue and Customs. It is extremely small in its magnitude.

The Bill will also make provision for the introduction of a new system for collecting VAT on goods entering the UK. This includes moving the VAT collection on certain imported goods away from the border, and removing the VAT relief on low-value consignments. Together, these provisions will help to level the playing field for UK businesses, and they will protect the UK high street from VAT-free imports. The Bill will also take forward measures to ensure that the Government retain their ability to prevent insurance-premium tax avoidance after the end of the transition period. This will provide Her Majesty’s Revenue and Customs with access to the same tools to prevent insurance- premium tax evasion—sorry, I should have said “evasion” rather than “avoidance” earlier—regardless of whether or not an insurer is based in an EU member state.

Finally, the Bill will make provision for new powers that will enable HMRC to raise tax charges under the controlled foreign companies legislation for the period from 2013 to 2018. This technical provision will deal effectively and efficiently with the legacy state aid decision relating to the period before the UK left the European Union.

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[Alison Thewliss]

I think the EU has been more than patient for some time, to try to get some kind of agreement and something sorted out. The UK Government have held two general elections in that time, and we have had several different Prime Ministers. The Government have been an absolute shambles from start to end, and that is where we are today.

[Alan Brown]

Despite the valiant efforts of the hon. Member for Thirsk and Malton (Kevin Hollinrake), is it not the case that if the EU was not so patient, we would already have suffered a no-deal crash out months ago, perhaps even a year ago?

[Alison Thewliss]

The EU has done everything it can because it knows it is everybody’s interest to have a deal.

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[John Redwood]

I do not disagree with the hon. Lady. I have said that I want to debate a real Bill. I am giving ideas to the Minister because I do not think what he has in mind for this Bill is going to quite suit me. I want to pep it up. I want to make it more exciting so that we can go out to the public and say, “This is the party that is going to level up. This is the party that knows how to recover an economy that has been damaged by covid”, and that requires lower taxes and different taxes and requires that we use the powers that only the House of Commons has. The House of Lords has very limited abilities to intervene, and on this occasion I am very pleased about that, because it nearly always wants to take the European answer, and the European answer is the high unemployment answer, the high taxation answer and the very complicated taxation answer.

VAT is an extremely complicated tax. We had to adopt its complications and we are now trying to add to those complications to try to avoid items slipping through. We are trying in these proposals to deal with small transactions that sometimes escape the net. They try to find ways of making online organisations, for example, responsible for levying tax between two people trading with each other.

[Alan Brown]

The right hon. Gentleman referred to the levelling-up agenda. On rough figures, we have had 50 years of the EU, 20 years of devolution and over 300 years of the Union. Why are devolution and the EU to blame for the requirement to level up when, quite clearly, the Union is at the heart of the problem?

[John Redwood]

I do not agree, and nor did Scottish voters when they were asked this question. We do have a great democratic country and I was a great enthusiast for the people of Scotland deciding whether they liked our Union or not. They said, yes, they liked our Union. Then the people of the United Kingdom were asked whether they liked the European Union and they said they did not. So I found myself in the happy position of agreeing in two big referendums with the winning side. It is such a pity that the Scottish National party lost both and has never understood the democratic principle that it then has to accept the verdict. I was on the losing side in a former referendum; like my whole party, I was against the principle of Scottish devolution, and we got that wrong. We lost that referendum and from the day after that we did not fight it, delay it or dilute it. We said, “Yes, devolution is the wish of the Scottish people.” We got on and implemented it.

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[Anthony Browne (South Cambridgeshire) (Con)]

It is a great honour to speak after my right hon. Friend the Member for Wokingham (John Redwood) and hear his impassioned plea for a vision about life in Britain after Brexit. Let me say one thing on that. In my one year here in Parliament, I have spent a lot of time working on different bits of legislation about what life will be like after Brexit. For example, the Environment Bill sets out a whole new framework, one far more ambitious than the EU’s, to preserve the environment, and the Agriculture Bill removes the totally discredited common agricultural policy, which I would like to see any Opposition Members support, and replaces it with a new regime in the UK that is fit for purpose.

I am the proud product of the EU and its internal market; I am half Norwegian, part Irish, part French, with extended family in Italy and Denmark. I have also been engaged in European politics for about 20 years. I was Europe correspondent for The Times, living in Brussels for three years. I was in charge of all the EU funding in London during the Prime Minister’s first term as Mayor of London. As chief executive of the British Bankers’ Association, I led all the negotiations for Britain’s biggest export industry in the European Commission, Council and Parliament, with meetings up to and including Jean-Claude Juncker. So I have had a ringside seat at many European negotiations, and we all know that they are part showmanship, part brinkmanship. Everything is always left to the last minute, and for a very good reason—this picks up on the point made by the shadow Minister, the hon. Member for Houghton and Sunderland South (Bridget Phillipson)—which is that we are negotiating with 27 different countries and they all have differing interests. A lot of them have a vested interest in trying to leave everything to the very last moment. I have sat through many Council meetings and summits where things went to not just to one minute to midnight, but several hours past it.

[Alan Brown]

Earlier, the hon. Gentleman tried to do the whole “oven-ready deal was to do with the withdrawal agreement”, which we know is a fudge. If this is so complicated, as he highlights just now, with 27 other countries involved, what does he say about the former International Trade Secretary, the right hon. Member for North Somerset (Dr Fox), who said that a free trade agreement with the EU would be the “easiest in human history”? How does the hon. Gentleman conflate or twist that?

[Anthony Browne]

I never thought that it would be a really easy negotiation. It was clearly going to be complicated, and the Government have been negotiating in good faith.

Another thing I have noticed from EU negotiations is that there are many different negotiations happening in parallel, and virtually no one knows what is going on. In fact, no one really knows what is going on apart from the people in the negotiating room, and often the people in the negotiating room do not know what is going on, because there is some ambush being plotted somewhere else that then slips into the negotiations. We have to trust our negotiating team. They are the only ones with the insight and knowledge of what is going on to be able to make judgments about when an issue should be pushed, when to play hard ball and when to turn up the charm.

That brings me back to the “notwithstanding” clauses. I strongly welcome the Chancellor of the Duchy of Lancaster announcing this agreement on all the Joint Committee issues with the European Commission. That protects the Good Friday agreement and the Northern Ireland protocol, and it will protect peace in Northern Ireland.

Those “notwithstanding” clauses were needed only in case the Joint Committee did not reach agreement. It has reached agreement, and therefore those clauses are not needed. The hon. Member for Houghton and Sunderland South said that the damage is done, but it is not. Often in negotiations, we need to play hard ball to get an agreement. It is entirely plausible that if we had not had those clauses, this agreement would not have been reached. We have that agreement, and the whole House should welcome it.

But it’s not all over till it’s over. We do not have the trade deal yet. There are still negotiations going on. I hope that we do get a trade deal, as I think the whole House does; very few people do not want that. It is very much in both sides’ interests that we get an agreement. It is in President Macron’s interest as well. I would not like to see him have to tell his entire fishing industry that it is about to lose 100% of its access to British fishing waters. Until we have a trade deal, the Government have to negotiate for all the different scenarios of having or not having a trade deal. We do not have to legislate for the Joint Committee not reaching an agreement, because it has done so. Therefore, we do not need those “notwithstanding” clauses in the Bill.

The Government have an absolute duty to ensure the integrity of the UK and its internal market and to do everything they can to ensure as much continuity as possible for businesses affected by this. The Government have an absolute obligation to the people of Northern Ireland—I speak as someone with a lot of family in Northern Ireland—to ensure that they have unfettered access to the UK in all circumstances. There must be no tariffs on goods from Northern Ireland to GB or GB to Northern Ireland, so long as those goods are consumed in the UK.

I welcome the agreement on the Northern Ireland border, which is be welcomed, but there is still the possibility of a no-deal scenario, and there might therefore be tariffs. It would be a dereliction of the Government’s duty if they did not legislate to have a tariff regime in Northern Ireland, which is what the Bill does.

The Government have a duty to ensure as much continuity as possible for businesses. The Bill ensures continuity of administration for VAT and excise duty in Northern Ireland, so that businesses in Northern Ireland know that they will still be part of the VAT and excise duty regime in the UK.

[Alan Brown]

The details of the Bill have not been made clear, so I am not sure how it provides the certainty that the hon. Member is talking about.

[Anthony Browne]

We have been given enough information so far to know the general principles of the Bill, but we are discussing a Ways and Means motion. The Bill will be published after this, in time for Second Reading.

There are two provisions on tax evasion in the Bill that are very welcome. The first is on ensuring that VAT is paid on goods bought online from overseas. We all know the scenario, and I am sure we have all done it: we order goods online from overseas and they are delivered through the post. The VAT payment is not made in the UK—it is often made overseas—or often not made at all. That mattered less when we were part of the EU, because we had an agreement with the EU under which VAT was charged. Following Brexit, it is even more important that we have a system where there is proper, robust payment of VAT. This is really important for high streets in Britain. The high streets in my constituency have really suffered from the coronavirus closures and lockdowns and from people moving to e-commerce. More than ever, we need a level playing field between the high streets and e-commerce, so I fully support that provision.

The second tax evasion provision is on the insurance premium tax. Again, this was less of an issue when we were in the EU. It is about whether somebody who buys insurance from other countries pays the insurance premium tax that insurance companies in the UK are required to pay. We had an assistance agreement with the EU to ensure that EU insurance companies paid that insurance premium tax. At the end of the transition period, that comes to an end, and this provision fills that gap, so I very much welcome it. This Bill is absolutely necessary. It would be a dereliction of the Government’s duty to ensure the integrity of the UK if we did not pass it, and I fully commend it.