Subsidy Control Bill

Chi Onwurah Excerpts

2nd reading
Wednesday 22nd September 2021 Commons Chamber

[Chi Onwurah (Newcastle upon Tyne Central) (Lab)]

It is a pleasure to respond to the debate, which in general has been a very considered and well-informed debate with some excellent contributions. We heard from the SNP spokesperson, the hon. Member for Aberdeen South (Stephen Flynn), the hon. Member for Aberdeen North (Kirsty Blackman) and the hon. Member for Richmond Park (Sarah Olney) about the many gaps in the Bill, while the right hon. Member for East Antrim (Sammy Wilson) highlighted concerns over the Northern Ireland protocol, which I will also mention in my contribution. Even the contributions from the Government Benches highlighted some of the issues and challenges with the Bill.

I start by echoing the concerns raised by my hon. Friend the Member for Feltham and Heston (Seema Malhotra) in her excellent contribution at the start of the debate regarding the lack of female representation on the Business, Energy and Industrial Strategy ministerial team. It is disappointing not to see balanced leadership, particularly in a Department working on such critical issues as increasing diversity in science, technology, engineering and maths and increasing start-up businesses among female entrepreneurs.

We recognise the need for legislation in the area of subsidy control to meet our commitments under the trade and co-operation agreement, and to ensure subsidies are provided to businesses with appropriate safeguards in place. It is clear that the current temporary arrangements are insufficient and have not provided the clarity that businesses and public bodies need. We also recognise that a new regime will allow local authorities and others to make some subsidy decisions more quickly under a simplified process than under the EU regime, and it is welcome that we are moving away from a system of advanced notifications towards one of self-assessment against a set of common principles. However, there are substantial issues with the Bill that have been raised in this debate.

[Alex Sobel (Leeds North West) (Lab/Co-op)]

Considering some of the procurement practices during covid, particularly for personal protective equipment, is my hon. Friend not concerned about the lack of definition around subsidies of “interest or particular interest”, which might create the appearance or the actuality of cronyism, considering the Government’s record?

--- Later in debate ---

[Chi Onwurah]

As always, my hon. Friend raises an excellent point. Indeed, he anticipates a couple of points I will be making. It is certainly the case that we should not leave this Government to define their own procurement principles. The Bill as it stands leaves a significant amount to secondary legislation. The balance between the efficiency of the system and the need for effective oversight, and, most importantly, the role for the devolved Administrations in developing and implementing the new system, are all important gaps.

First, as with previous Bills, including the National Security and Investment Act 2021, important aspects are left to secondary legislation. Public bodies need guidance on how to interpret the subsidy control principles, as we heard from Members during the debate. There is also little clarity on how the Bill will support the UK’s most deprived regions, which is something that was built into the EU state aid regime through the assisted areas system. The Bill was a key opportunity to spell out what levelling up actually means, but the Government have not risen to that challenge.

Secondly, there needs to be a balance between oversight and efficiency. An expedient system is vital, but we must be clear that any subsidy regime comes with the risk of market distortion and unfair discrimination, which is why the ambiguity regarding interested parties is a concern. It is also important to consider the role of the CMA’s subsidy advice unit and particularly to ask whether its lack of investigative and enforcement powers is appropriate. We will work with the Government to ensure that the right balance is struck. I hope that the Minister will provide more clarity when he winds up.

Finally, our most serious concern about the Bill relates to the role for the devolved Administrations in the new system. We have heard from Members across the House, as we did during the passage of the United Kingdom Internal Market Bill, that yet again the Government have given the matter little consideration. The Secretary of State’s intervention on that point did not provide the clarity that he seemed to think.

We recognise that subsidy control is a reserved matter, but the wider context cannot be ignored. Devolved Administrations have important powers in the area of economic development, so the Government need to tread carefully. Leaving so many areas to secondary legislation only means that there will be no requirement on the Secretary of State to consult the devolved Administrations when developing the system. The same point applies to the Secretary of State’s ability to call in subsidies. We are clear that the devolved Administrations must have an explicit role in developing and implementing the UK’s subsidy regime as part of a four nations approach.

[Stephen Flynn]

Will the hon. Lady give way?

[Chi Onwurah]

I am afraid not. I have to make progress and I have very little time. [Interruption.] The hon. Member has intervened on a number of occasions, and I am afraid that I need to make progress.

We recognise the need for the Bill to replace the insufficient current arrangements, but although it significantly increases the speed and ease with which public bodies can grant subsidies, the key question, as we have heard again and again, is what the Bill is for. We have still not had an answer. As my hon. Friend the Member for Feltham and Heston said, we lag behind our G7 neighbours in granting subsidies to our businesses. Speeding up the system will benefit businesses only if there is a proper plan in place. That is where an industrial strategy could step in, providing the framework for the Government to set priorities, target deprived areas and boost business investment.

Labour has set out a plan to make, sell and buy more in Britain. From green jobs in manufacturing electric vehicles and offshore wind turbines to FinTech, digital media and film, we must grow businesses and industries that are fit for the future. The use of well-designated, proportionate subsidies would be critical to that plan. Instead, thanks to the Secretary of State’s ideological aversion to industrial strategy, we have no clarity on how or where public money will be spent. I urge the Minister to give close consideration to the points that we have raised.