Inheritance Tax Relief: Farms

Alec Shelbrooke Excerpts

Monday 10th February 2025 Westminster Hall

[John Lamont (Berwickshire, Roxburgh and Selkirk) (Con)]

It is a pleasure to serve with you in the Chair, Sir Edward. Today I will highlight the shortsighted, reckless and misguided Labour policy to increase tax on farmers. I start by paying tribute to the petitioner for raising this important issue, and to the hundreds if not thousands of farmers outside this place showing how much they hate the policy.

It is an issue that has dismayed and appalled my constituents in the Scottish Borders. They are bitterly disappointed because this decision by the Prime Minister will mean the sad—even tragic—end of many family farms. Many farmers will no longer be able to pass their property, on which their ancestors may have worked for decades or longer, on to the next generation. That is not right. It is not why they have worked so hard to look after the countryside, and why they have got up early and worked late all their days.

What makes it worse is that they feel betrayed by a Labour Government that promised this would not happen. Labour made it abundantly clear that it would not increase taxes on farmers. But just like with the winter fuel payment to pensioners, and national insurance rises on businesses, Labour did not tell the truth. It broke its promises, and the consequences of it not keeping its word will be profound to people in the Borders, Scotland and the United Kingdom.

It is not only farmers in my constituency that the policy impacts, nor only workers in the rural economy, nor businesses in the food and drink industry. If the policy continues, it will affect everyone in one way or another. Labour’s decision will force the breaking up of many family farms, which will be tragic for those families. But it will also mean higher prices in shops and supermarkets for the rest of us. It will put our food security at risk and harm the environment, as we are forced to rely on costly imports that are not as high quality and that are flown in from much further away. How does any of that make sense?

[Sir Alec Shelbrooke (Wetherby and Easingwold) (Con)]

Does my hon. Friend share my concern that, with the Government showing their inability to crack a good deal when they go into negotiations, they may well give in on any potential trade deal with America and allow cheaper products to undermine our beef and chicken farms?

[John Lamont]

My right hon. Friend makes an important point. If we are no longer self-sufficient in food production, we will become much more dependent on lower quality overseas imports.

Labour has made a grave error, which will cost our farmers and our country dearly. That is why so many people in the borders and across the whole United Kingdom are concerned by this decision. It will have negative consequences that last generations, and that may not be reparable. Unlike any other businesses, farms cannot come back once they close; they are often gone for good.

Labour simply is not listening. The Government even admitted as much to me lately: I submitted a question to the Secretary of State for DEFRA to ask how much correspondence his Department had received from individuals making representations on changes to APR and business property relief for inheritance tax since October, and the only response I got was that Ministers do not know—they do not have this information. That shows a stunning lack of respect for farmers and food producers. The Labour Government simply do not care.

Labour needs to rethink its family farm tax policy. Labour said “change” often enough in the run-up to the general election, and that is exactly what needs to happen now: this deeply damaging policy needs to change. It needs to be scrapped, or family farms will be lost, supermarket prices will go up, food security will be at risk and our environment will suffer. The Scottish and British people have spoken on this policy; now, Labour needs to listen.

Agricultural and Business Property Relief

Alec Shelbrooke Excerpts

Tuesday 14th January 2025 Westminster Hall

[Graham Stuart (Beverley and Holderness) (Con)]

I beg to move,

That this House has considered the impact of planned changes to agricultural property relief and business property relief on small businesses.

It is pleasure to serve under your chairmanship, Dr Allin-Khan, and to see so many colleagues from across the House here today. Perhaps it is not surprising that we have a redoubtable Minister, who picks up the poisoned chalice on so many occasions. He will do so today, no doubt both well informed and with good humour, as he has done previously.

I refer to my declaration in the Register of Members’ Financial Interests as a recipient of campaign donations from businesses and farmers across Beverley and Holderness. Given the rural nature of my seat, I will start by focusing on the twin impacts of the changes to agricultural property relief and business property relief on family farms, followed by the impact of changes to BPR on family businesses. We have just a half-hour debate, and a colleague asked the good question of why it was so short for something so big. That means I will probably be the sole speaker, but I am happy to take as many interventions as I can, because I know that concern is widespread.

In her autumn Budget, the Chancellor announced a significant change to APR and BPR, set to take effect from April 2026. She is imposing a 20% tax on the value of land and machinery exceeding £1 million. That is known by many of us as a family farm tax. By the Government’s own estimate, it could result in one farm closing in every rural constituency every year.

[Sir Alec Shelbrooke (Wetherby and Easingwold) (Con)]

I thank my right hon. Friend for securing this debate. I also draw attention to my entry in the Register of Members’ Financial Interests. When a small farm has been in a family for generations, that family knows the local watercourses better than anybody else. Does my right hon. Friend share my concern that as those small farms disappear and move towards development, flooding issues may result because the local knowledge that would prevent flooding will be lost?

[Graham Stuart]

I thank my right hon. Friend for that intervention. On Friday, I visited Ian and Rebecca at Bygott farm just outside Beverley, which is about 220 acres. Their profits would be wiped out by the expected inheritance tax for 10 full years, with 10 years to pay it. The expected annual payment for 10 years would be greater than their profit last year. They also play that vital role, which my right hon. Friend mentioned, of looking after the watercourses. The villagers nearby do not know what a critical part they play in maintaining those watercourses.

Farming and Inheritance Tax

Alec Shelbrooke Excerpts

Wednesday 4th December 2024 Commons Chamber

[Victoria Atkins]

I thank the hon. Lady sincerely for raising that point, because she has—perhaps unwittingly—identified a contradiction in DEFRA’s own claims. It talks about a £300 million underspend, but last week it was cancelling the very capital grants that farmers around the country have been investing in, saying that it had run out of money. Well, it cannot be both. Perhaps that is yet another example of the cockeyed accounting of the Chancellor and the Environment Secretary.

[Sir Alec Shelbrooke (Wetherby and Easingwold) (Con)]

Does my right hon. Friend agree that what is quite frightening about this policy is that perhaps the Government know exactly what they are doing, and that, a bit like “Animal Farm”, they think everything should be collectivised?

[Victoria Atkins]

My right hon. Friend, who has a wonderful way with words, asks a question that many members of rural communities up and down the United Kingdom are asking themselves. In fact, when the Prime Minister did regional media a couple of weeks ago, Sean Dunderdale, the wonderful presenter on BBC Radio Lincolnshire, asked him what he had got against the people of Lincolnshire. I might ask: what have this Labour Government got against the countryside?

Independent Schools: VAT and Business Rates Exemptions

Alec Shelbrooke Excerpts

Tuesday 8th October 2024 Westminster Hall

[Sir Alec Shelbrooke (Wetherby and Easingwold) (Con)]

It is a pleasure to serve under your chairmanship, Dame Caroline. The Government are about to realise the reality of governance over manifesto ideology. Fundamentally, this policy will remove the ability of people to send their children to local primary schools as places get filled by those who currently can just about afford to use private schools. As there is limited time, I have a series of questions that I would like to put to the Minister. To be fair to him, this is not his Department—education Ministers are running away from their policy—so I doubt he will be able to answer them today, but perhaps he can take them away. Some of them have been covered, but I think it is important to get them on the record.

Will the Minister confirm whether a low-income family whose child is in receipt of a bursary would be liable for VAT on the total school fees? Would a staff member in receipt of an employee discount on fees also be liable? With boarding schools already at 86% capacity and some already withdrawing from the market, will the continuity of education allowance for military families still be able to house the 4,200 who currently use it? Will arts schools be exempt? If so, and we are starting to exempt schools, is this even legal? If we do not exempt art schools, that means people who have the talent to go will have to be in the vicinity of the school or travel. That is going to withdraw a huge amount of opportunity from those in the arts sector.

What mitigation is there going to be for the financial planning of international pupils? They have a choice of a global market. As my hon. Friend the Member for Bromsgrove (Bradley Thomas) mentioned, this is a £2.1 billion export market. Again, is it going to be legal to exempt certain schools, such as those involved with SEND provision? What impact will there be on council budgets? There is an issue for those of us who represent vast rural communities: if children are taken out of the private sector and put into the state sector, the state will to have to fund the transport for those children to go to school. Upon whose budget will that fall? Fundamentally —there is evidence of this from every council—if primary schools are already close to capacity, will the state pay to put those children into private places? Will parents then be taxed on that as an in-kind benefit or will the law be retrospectively changed—which, of course, would suit the Prime Minister and a lot of people with free wardrobes?

--- Later in debate ---

[Nigel Huddleston (Droitwich and Evesham) (Con)]

It is a pleasure to serve under your chairmanship today, Dame Caroline. May I first congratulate my hon. Friend and constituency neighbour, the Member for Bromsgrove (Bradley Thomas) on securing this important debate? I thank all those who have participated today; we have heard some very insightful contributions. I am also glad to have the shadow Secretary of State for Education, my right hon. Friend the Member for East Hampshire (Damian Hinds), sitting beside me today.

We can see from the large number of contributions, particularly from Opposition Members, how important this issue is to Members and their constituents, many of whom are greatly distressed by the Government’s proposals. We believe they are flawed in both design and execution, or at least planned execution, which is perhaps why so few Members from the Government party are here to defend them today. The policy will move away from a long-held principle that educational services are not taxed in this country, or in most developed economies. We have five broad categories of concern: the impact on state schools, the impact on overall Government finances, the timing of the proposals, consideration of exemptions, and the impact on SEND and EHCP provision. I shall turn to each of these briefly.

First, it is clear that the policy will have a detrimental impact not only on the independent sector, but on the state sector. The imposition of a 20% VAT tax hike overnight will clearly mean that some families will no longer be able to afford the fees. That is basic economics. In addition, the imposition of business rates will further disrupt the business model of independent schools and make less money available for bursaries and subsidies, which many parents rely on. Inevitably, that will mean children leaving the private sector and moving to the state system, putting an additional burden on many state schools, some of which do not have the capacity. It will also make fewer spaces available at good and outstanding local state schools where spaces would otherwise have been available, because more pupils would have taken the independent route. This is not a fear or scaremongering; this is reality. It is happening now.

According to the Independent Schools Council, more than 10,000 pupils have already been pulled from independent schools. One think-tank has estimated that far from bringing additional money into the Treasury, the policy could cost the taxpayer £1.6 billion, which brings me to my second point about the impact on overall Government finances.

Out of total Government spending of more than £1.2 trillion, is this policy really the top target of the new Government? It smacks of the politics of envy, not of careful deliberation and consideration of evidence. On the topic of overall Government finances, will the Department for Education get more funding from the Treasury if the number of state pupils exceeds expectations, or will they be expected to pay for it within existing budgets? Have the Government set aside capital for additional new school places if that is needed?

Regarding the timing of the proposals, it is unfathomable why the Government are considering introducing this policy in the middle of the school year. Why? It does not make any sense to cause so much mid-year disruption to so many schools, pupils and families.

[Sir Alec Shelbrooke]

This will clearly be open to legal challenge, which stands very little chance of being in the courts within the next three months. As it gets held up, will this policy not cause mass disruption by being introduced in the middle of the academic year?

[Nigel Huddleston]

My right hon. Friend raises another important point, and I believe some legal challenges are already in place. Regarding timing, is the Minister truly confident that the policy could be implemented within weeks? Is His Majesty’s Revenue and Customs adequately resourced and prepared for it? Is the legislation ready? Is the legislation and guidance sufficiently clear? Even if the answer to all of the above is yes, is it fair on independent schools to expect them to suddenly get their heads around new legislation, register for VAT, implement new systems and processes, and logistically carry out the execution of this policy, all before Christmas? The answer is clearly no. I implore the Minister at least to delay the implementation, and carefully consider some exemptions and special considerations, my fourth category of concerns, which have been raised by many hon. Members today.

The rushed policy appears not to have properly considered carve-outs for pupils from military families, students on the music and dance scheme, children attending small or small faith schools, those paying low fees or who are on bursaries, or children in exam years who may have to move to another school that does not offer their current subject, offers different syllabuses, or has different examination boards. I hope that when we finally see the impact assessment, we will see some consideration of those matters.

My fifth category of concern is what consideration has been given to pupils with special educational needs and those with an EHCP or who are in the process of getting an EHCP.