Local Government Finance Bill

Baroness Kramer Excerpts

Thursday 5th July 2012 Grand Committee

Moved by

[Baroness Kramer]

50: Schedule 1, page 42, line 21, at beginning insert “The Secretary of State may provide for the designation of areas in which certain non-domestic revenues shall be ring fenced to support infrastructure investment financed using tax increment finance and other mechanisms, and in order to do so”

[Baroness Kramer]

In moving this amendment, I shall speak also to Amendments 51, 52 and 53. The amendment is in my name and that of my noble friend Lord Tope, but I hope that there is broad sentiment around many of the issues that these amendments contain.

The amendments address tax increment financing. For anyone who remains in doubt, and I know that most here are well aware, tax increment financing is simply a mechanism for using future increases in business rates generated by a project, such as new infrastructure, to finance that project in the first place. In other words, it allows a local authority to trade in future taxation income for the present benefit that will create that taxation stream.

As many noble Lords are aware, this is a mechanism commonly used in the United States, where it has provided extensively for the regeneration of communities, but it dates back to Victorian times in our own country and similar kinds of mechanisms effectively created many of our great cities. It is very British at its core. We are all delighted to see this come back into the framework of local government thinking, but we would also like to see it come into the real economy in an effective way—in fact as well as in framework and description. That is why I tabled these amendments.

Amendment 50 is relatively straightforward and effectively puts tax increment financing into the Bill. It is beyond most of us to understand why it is not there in the first place, particularly when the Chancellor in his Budget referred to TIF, its acronym, frequently and in virtually every debate uses the phrase “tax increment financing”. For the sake of clarity, for goodness’ sake let us deal with that and make sure it is in the Bill itself.

Amendment 51 goes to more substantial issues. Many of us who are concerned about local government and about the broader economy have been looking to TIF as a way to finance much needed infrastructure, particularly in the cities that are the engines of the economy. This comes at a time when the nation needs growth above all things. We are also aware—and anyone can look at today’s Financial Times—that the Government have found it exceedingly difficult to package together infrastructure financing. All of that makes TIF more important.

It is of great concern that the Chancellor has, in effect, capped large projects or TIF 2—I was not going to address TIF 1 very much—at £160 million. Indeed, the Minister will be far better aware than I am of the many applications from the core cities. She will know if there are good quality infrastructure projects that could and should be funded by TIF that exceed that £160 million figure. I do not have any insider knowledge, but I would be stunned if that were not true. A PwC study not that long ago showed that something like double that could be put in train in one year although it would take many years to work its way through. The demand and need are clearly there.

In addition, volume matters in order to create a market. I return to the point that the FT makes about the difficulty of accessing the financial markets for infrastructure finance. Numbers such as £160 million are frankly not worth the candle as far as the financial markets are concerned. To develop the expertise, achieve the understanding, get mastery over the rules and legislation and then go out and build the investor base that will buy, there is a need for a steady stream of substantial projects, not just in year one but going on year after year, to create and build up a market.

We know that the financial markets can absorb this kind of financing because they do it for the US. British banks as well as American banks do it for US cities. Continental banks are doing it for the US and the continent. In other words, there are many players, but they will not do the work, engage themselves in the process and deliver the financing if they are only going to get a trickle. They need a proper volume. On the one hand, we have projects that are positive for the economy and on the other hand we have a mechanism that can fund them and the goal of these amendments is to help the Government to bring these two together.

We recognise that behind much of the Treasury’s resistance to allowing projects beyond a cost of £160 million is the notion that TIF funding will have to be added to the numbers for the deficit. I think that that is highly questionable and many others would consider it to be so. If PFI funding was off books, then, my goodness, this funding is far more off books because you are generating a project whose cash flow returns paid for the project in the first place. It is an absolutely classic example of off-balance-sheet financing. Indeed, it is far less risky than something such as PFI, which included all kinds of variants and complications, whereas, almost by definition, TIF draws together the immediate focus of the initial investment and the tax revenue generated over the life of a project. That link is immediate and direct, whereas it was much more obtuse and diffused with PFI.

As I look at the accounting standards, I wonder whether enterprise zones are being treated differently, even though their financing mechanism is essentially identical. This is something that I do not know the answer to; we asked, but have not received an answer. Are they getting different accounting treatment? If they are, that simply underscores the point.

The amendment provides,

“that any indebtedness incurred against such amount shall not be treated as a liability of the public sector through adjustments to the Accounts and Audit Regulations made under section 27 of the Audit Commission Act 1998”.

When the Minister was kind enough to invite Members from all sides to have discussions with the Bill team about a range of issues in the Bill, I asked whether some justification could be provided for this accounting approach versus forms of accounting used for PFI and enterprise zones. I do not know whether it has been possible to develop that. I also asked whether the Government have talked to the financial markets to understand what needs to be put in place for these to run as live, rather than theoretical, projects. Going back to the FT article, we have a real problem with the gap between theory and practice, but we have an opportunity to close it in this Bill.

The other two amendments follow on quite closely. With regard to Amendment 52, perhaps someone can explain to me why we have to have a specific date on which designation takes place—the first day of a year, or whatever it is. That is completely beyond me. I think that Amendment 52 is just a bit of good sense.

Amendment 53 is another way of approaching this issue. It essentially says to the Treasury that the way to make a decision about whether to do TIF financing is to look at the individual project proposed, decide whether it is a damned good project that needs to be done and can be paid for in the way proposed, and, if it passes the various tests and criteria, authorise it. It takes away the need to set a fixed ceiling and allows the Treasury to make intelligent decisions about the projects that come before it, judging them on their individual merit. At the same time, the Treasury is in a position to look at the overall economy and public finances. That would allow an intelligent, customised approach to these kinds of projects. None of this tackles TIF 1—an area I wish the Government would look at again. However, we talked about that at Second Reading. I beg to move.

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[Baroness Kramer]

I will just add a word because the points that the noble Earl, Lord Lytton, makes are important. One reason why we framed Amendment 53 as we did is so that the Treasury can take a look at projects. In the United States no federal approval takes place—essentially, it is the state that decides off its own bat. In the UK, we are saying to the Treasury, “We are not going to just say to local authorities, ‘Do as you will’”. The Treasury has the opportunity to come in and take a serious look and will give permission, but on a project-by-project basis.

I was on the board of Transport for London after the Jubilee line was completed. The point the noble Earl makes is the reverse one, and the Jubilee line is an ideal example. Even with overruns, the Government put in something like £3.5 billion to build it and developers walked off with something in excess of £30 billion in profit because of the increased values around the various stations, extra rents, land prices and whatever else. At least now, with the opportunity to capture increased business rates, we can get some of that money in to create the project in the first place.

In effect, what happened in London was that the money did not circulate back and the whole Jubilee line project was delayed for years until the Government thought that they could find capacity within the public accounts. It would have happened immediately, and been of great benefit to this country, if people had been looking at TIF financing structures. That is one of the reasons why they are so valuable.

[The Earl of Lytton]

My Lords, that was what I was trying to say in terms of the Jubilee line, so I am sorry if I gave a false impression. These things are vitally important to leverage in that sort of level of finance. My only concerns are the times we live in. If one is dealing with a development appraisal in conventional valuation terms, the process contains a high number of price-sensitive variables, so much so that my professional body, the Royal Institution of Chartered Surveyors, does not really advise using that sort of development appraisal, or residual valuation, approach for producing what it calls a regulated purpose valuation because of the inherent number of price-sensitive variables. I do not want to pour cold water on things—I simply wanted to point out that TIF is a tremendously good idea but we must make sure that the circumstances are ones in which it can robustly survive.

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[Baroness Hanham]

My Lords, this has been, as I thought it would be, a very interesting debate. I am not necessarily going to be able to give noble Lords all the enthusiastic encouragement that they look for but there is no doubt that this is something that will generate more discussion, and I accept that.

I know from the noble Baroness’s Amendment 51 that there has been a search for the words “TIF” and “enterprise zones” to be spelt out in the Bill. They are not specifically identified but I assure the Committee that the provisions under paragraph 37 of new Schedule 7B deliver both TIF 2 and enterprise zones. An amendment that names TIF in the Bill is therefore unnecessary.

Before turning to the substance of the amendments, I want to say that it has been interesting that the whole discussion has been on the basis of TIF 2 and none of it on TIF 1. I need to point out that the measures in the Bill relate to TIF 1, TIF 2 and enterprise zones. For the benefit of the record, I think that at some stage we need to spell out what TIF amounts to.

However, we want to clarify the position and remove misunderstandings about what is possible or not possible within the policy. I think it would be fair to say that noble Lords have not really acknowledged that, as a result of the Bill, all local authorities will have unfettered access to a share of business rate growth to increase their potential borrowing. As things stand at the moment, under TIF 1 it will be possible for local authorities to undertake developments unfettered. They can do so with their normal prudential borrowing.

TIF 1 rests wholly within the business rate retention scheme and the core feature of the rates retention system, including the levy and reset. Beyond that, the Government will not impose any further constraints, and local authorities will be able to get on with it. I know that the criticism has been—

[Baroness Kramer]

We did not raise TIF 1 here because it is more of a reset issue, but will the Minister acknowledge that, with the way the reset works, the capacity to do TIF 1 will be exceedingly limited because the whole project has to go from conception to completion and complete repayment within a very narrow reset period? The consequence is that certainly by year two or year three it will be absolutely impossible to raise the financing because nobody will have any certainty that there will be a flow of business rates beyond the end of the reset date to complete the payment cycle. Perhaps the Minister will acknowledge that it is a de minimis amendment. The language may not be de minimis but the effect of the way in which the reset period works makes it de minimis.

[Baroness Hanham]

I will persist with my view that there is an advantage here for local authorities in that they will have the opportunity with tax increment financing within the reset period of seven years, and then, with the longer reset period, 10 years, to help with those projects. In addition, the Government will guarantee long-term certainty over revenues and enterprise zones—as mentioned by the noble Lord, Lord Beecham —meaning that local enterprise partnerships, with which the revenue will sit, will be free to undertake long-term borrowing without any central government controls. Those are the two areas which do not come under TIF 2.

Finally, the Government stated, and made clear, in the 2011 Budget that they will support a limited number of TIF 2 schemes in the core cities, to which the noble Lord, Lord Shipley, referred. The Secretary of State may specify, in regulations made under paragraph 37 of new Schedule 7B, that business rates uplifts, from a very clearly defined area, will be disregarded from the levy and reset calculations for a specified period. The amendments specifically concern this measure.

The Government are fully committed to supporting growth. I noted carefully what the noble Lord, Lord Best, said about housing and about housing construction stimulating the economy. We will continue to have that debate, but the measures to do that are currently in place and are not related to TIF. There have also been a lot of questions about the £150 million in support from TIF for what will amount to a limited number of core cities. Some of those core cities have been announced today and are currently putting forward substantial and interesting proposal bids for this money. I have no doubt that it will work its way through the system.

Amendment 51 seeks a way to get TIF 2 reclassified as non-public sector debt, to which I say, “Oh dear”. Business rates are a tax, and taxes are uniquely established by the tax-raising power of government. Therefore, TIF 2 must be recorded as government borrowing. There is absolutely no choice to be made about how TIF 2 is accounted for—it is not the Treasury sitting on our shoulders here, it is the Office for Budget Responsibility that has made that decision. It is an independent body and has made very clear how this will score.

Furthermore, core cities that are successful in the TIF 2 competition will be undertaking additional borrowing that has not already been reflected in the Government’s local authority self-financed expenditure forecasts. The Government have been clear that we will need to limit the amount of TIF 2 that occurs so that the Government remain within the wider deficit reduction plans.

In respect of balance sheet issues concerning enterprise zones, the policy to allow rates to be retained within the zones will lead to an increase in the local authority self-financed expenditure forecasts and will be scored as public expenditure. As the business rates retention system does not start until April 2013, no costs have yet been accrued. The Government are working with local enterprise partnerships on forecasting these costs and will be discussing the detail with the Office for Budget Responsibility ahead of the Autumn Statement. That may give some substance for the noble Lord, Lord Beecham, who says I have not answered any of his questions. Given this, it is not possible to take TIF 2 schemes off the balance sheet, as the amendment seeks.

Amendments 52 and 53 would not only remove important controls from the system—I have already explained the importance of maintaining the Government’s fiscal deficit policy—but would add further layers of complexity to the operation of the scheme. That would potentially impact on all the calculations of central shares and precepting authorities, removing the certainty that precepting authorities would have about the income they were to receive in that year. Noble Lords will not be surprised when I say that I cannot accept their amendments. I will not be surprised if they say they are going to return to this at a later stage.

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[Baroness Hanham]

Sorry, I have to keep looking over my shoulder for. It would be better for me to quit looking over my shoulder and say that I will answer with detail in writing.

[Baroness Kramer]

My Lords, I am absolutely fascinated by the comments on the Office for Budget Responsibility. It is incumbent on the Government to provide us with the analysis or the statement that it made that requires this from its perspective to be on books because it would be very interesting and beneficial to everybody to get the comments of the accounting community and some of the various international standards boards. It would mean that we could have a fully constructive discussion. I cannot think that any of that could possibly be confidential. In fact it would be perfectly odd if it was confidential to explain why one made a decision that something needed to be allocated to one particular set of accounts or another. That would be exceedingly helpful.

It would also provide us with the criteria, because obviously there are many different ways to structure TIF projects. If various poor cities are bringing forward their proposals in such a way that they have inadvertently set them up so that they fall on books when, with some further thought and different structuring, they could be off books, that would be extremely sensible for everyone to know. That surely must be in the public arena, so I look forward to that.

Having heard the tone of this meeting, the Minister is exactly right to understand that this is an area that we would wish to pursue. I so much appreciate all of the various speeches and analysis that have happened from the noble Lords, Lord Jenkin and Lord Best, and others. It underscores the importance to local authorities up and down the country who are trying to drive forward economic growth in their communities and see TIF as a very significant tool with which to be able to achieve it.

I thank the Minister for her explanation, but she is exactly right: we will continue to push and I hope that she will take the issues back.

Amendment 50 withdrawn.