Finance (No. 3) Bill

Baroness Kramer Excerpts

2nd reading (Hansard): House of Lords & 3rd reading (Hansard): House of Lords & Committee: 1st sitting (Hansard): House of Lords & Report stage (Hansard): House of Lords
Thursday 7th February 2019 Lords Chamber

[Baroness Kramer (LD)]

My Lords, this is one of those occasions when much of the work has been done for me by the excellent preceding speeches. If we go back to the Budget that underpins this Finance Bill, I agree completely with the noble Viscount, Lord Chandos, that it was not an announcement of the end of austerity; that was some clever PR language. If we look, we can see that it comprised a number of short-term fixes for crises in social security and social care, and a scattering of money for potholes, schools and the police. Past cuts in universal credit from 2015 were only halved, not removed, and further welfare cuts were left in place. Other than for the protected budgets of the NHS, defence and overseas development, every department continues to face cuts of the equivalent of 3% per person up to 2023. Austerity is definitely ongoing; the Budget was not an end of austerity by the greatest stretch of the imagination. Even though core protected areas such as the NHS got additional money, that was a completely lost opportunity to put in a dedicated future source of revenue for the NHS with something like the 1p in the pound that we called for in hypothecated financing for the NHS and social care. There was so much that the Government could have done and nothing like the end of austerity that they advertised.

In that Budget and the Finance Bill I very much support the cuts in the threshold for low-income earners but, as I said at the time, I find it incomprehensible that the threshold has been raised for the kick-in of the higher rate of tax, in effect giving a break to higher-income earners. I do not understand why the Government thought it was either necessary or important, because everyone I have talked to who is going to benefit from that increase in the higher-rate threshold—I suspect that many people in this House know individuals in the same situation—would much rather that funding had gone to help people who are homeless on our streets in extraordinary numbers, or who have been suffering from universal credit. I have friends who have suffered enormously from the five-week hiatus before they get their first payment, practically living on handouts. We have so many fundamental issues in this country that to make a cut such as that at this point in time seems incomprehensible. I even noticed that Westminster Council—a Conservative council if ever there was one—is asking band H ratepayers on a voluntary basis to double the amount of council tax that they pay in order to help homeless people in crisis in Westminster. That basically says to the Government that they have completely misunderstood where the British public are on an issue such as this.

I agree completely with the noble Baroness, Lady Quin, and the noble Viscount, Lord Chandos. The noble Baroness talked about the pall that Brexit hangs over everything. We will undoubtedly have a new Budget and Finance Bill at some point in the near future, no matter what happens, other than a decision not to proceed with Brexit. Whatever form of Brexit that we proceed with, as discussions earlier today made clear, it is having such a wide impact on the economy as a whole that this issue will have to be completely revisited shortly, which makes this debate frustrating because we know that change is coming very rapidly.

I endorse every aspect of the speech of the noble Lord, Lord Turnbull. I also have the privilege to be a member of the Finance Bill Sub-Committee of the Economic Affairs Committee and to pursue its two investigations into making VAT digital and into the powers of HMRC, and I am glad that there will be an opportunity to debate those in great detail in this House. Because of that, I am not going to add anything more on making VAT digital, other than to say that it is beyond me why HMRC has not understood the plight of SMEs facing the changes that are coming upon them with pretty much no warning, no testing and relatively limited opportunity to even be able to cope. In the long term it is actually a very sensible change, but implementation matters—something that this Government frequently miss—and implementing badly, too early and without proper preparation under- mines even the most sensible of policies.

I shall focus for a couple of minutes on the loan charge. I share what I read as the outrage of the noble Lord, Lord Turnbull, on this issue. That outrage is widely felt, with more than 120 Members of the other place—completely cross-party; there is no partisan aspect to this—signing an Early Day Motion in protest, and then the Motion tabled by my colleague in the other place, Sir Edward Davey, to force the Government into reviewing the impact of what they are doing.

People do not entirely understand that the massive impact of the loan charge action by HMRC stems from the move in the UK towards outsourcing. Local government, government departments including HMRC, and public bodies such as the BBC, under pressure, sought to cut their costs by no longer employing people on a range of tasks but outsourcing the work to self-employed contractors. They did not do it because they were going to change the people doing these activities but because they saw there was a tax arbitrage. They would be freed from paying national insurance contributions and those who were self-employed could take advantage of a variety of tax schemes, which meant that they could reduce their hourly rates because they reduced their tax liability. In that way, local government and government departments, including HMRC, the BBC and others, were able to bring down their costs.

It is absolutely outrageous that the Government are now turning on these individuals, who basically had no option but to follow the pattern offered to them in order to continue to work. If you were a social worker, you were made redundant and were told that you could continue to be a social worker, provided that you signed up with one of three agencies and signed the forms it gave you. You could have the same job back on Monday and do the same activity for the same take-home pay. None of those people knew they were being put into some kind of disguised remuneration scheme. The real question is: why did their employers not know this? Consider the IT consultants who work for HMRC; anybody who was not part of one of these loan schemes would price themselves out of the opportunity to win the work. The situation is absolute nonsense.

To me, this is a very good example of a weakness that occurs because Finance Bills are not properly scrutinised in this House. When these schemes were identified as disguised remuneration in 2011, the change—the prohibition, in a sense—was initially to be forward-looking, which makes absolute sense. I agree with the noble Lord, Lord Turnbull, that these schemes were not appropriate and I think we all agree that they should have been brought to an end. However, in 2017, with almost no scrutiny or discussion and with pretty much nobody in the other place realising what they were doing, the change in the language effectively allowed the Government, or HMRC, to behave retrospectively. I know it says this is not retrospective, but I think it is, by any definition.

People are now being told that they owe taxes for the past 20 years, which are all to be paid in one year. If they manage to negotiate a deal, they might have five years to pay. For most, the sums they owe are bigger than their entire income. They certainly do not allow them to continue to pay a mortgage or to eat; many of the people are retired. We are in the most extraordinary circumstances. These are small people and the Government must take this opportunity to take the burden off those folks. According to the Loan Charge Action Group, there are 100,000 ordinary people, who we would know and recognise, who work in our communities, who suddenly find themselves falling foul of this law.

What makes this even more outrageous is that if people appeal against this process and reach the end stage—getting a final notice from HMRC and trying to appeal that—they might find themselves paying not only the back tax or penalty but a 60% surcharge on the penalty. To discourage appeals, if you appeal and lose, you pay HMRC a penalty for having brought the appeal in the first place. This is absolutely outrageous and needs to be fixed, so I hope that everybody here, including those on the Government Front Bench, will put a great deal of pressure on Mel Stride to recognise the problem and deal with it promptly.