Draft Soft Drinks Industry Levy (Enforcement) regulations 2018

Clive Lewis Excerpts

Wednesday 7th February 2018 General Committees

[Clive Lewis (Norwich South) (Lab)]

It is a pleasure, Sir Edward, to serve under your chairship. We can all agree that childhood obesity is a health time bomb. It poses serious health issues now, but it will also create health issues for decades to come. It will blight millions of lives with poor health and it will impose huge financial costs on the health service.

The NHS estimates that type 2 diabetes consumes over 8% of the NHS budget, and that is certain to rise in the coming years. It is clear that serious preventive action to protect children and young people from excessively sweet drinks and the industries that promote them aggressively is not only medically sensible but makes financial sense. That is why Public Health England, the British Dental Health Foundation and the Royal College of General Practitioners are all in favour of the levy, and it is why we support it too.

However, it must be clear that this measure on its own simply cannot do the job being asked of it. I have mentioned some headline figures, but they do not capture the scale of what is coming. Type 2 diabetes used to be a disease of middle age. Nowadays diagnosis of the disease in people in their early 30s is commonplace, with teenagers also being diagnosed. That means millions of extra cases, many of which will mean potentially decades more healthcare per person on top of what we would normally expect. That is just one disease. I have not mentioned the increase in strokes, heart disease and cancer: all diseases that will generate decades of extra healthcare spending per patient.

That brings me to the ideological crux of the tax. What is it for? Is it a scrambled attempt to raise money to plug gaps in the education budget, or is it meant to reduce childhood obesity? The Minister mentioned £1 billion guaranteed funding for the Department for Education, and I welcome that, but where is that money coming from? I know that sometimes a magic money tree can be found, but we would like to know for sure where that money is coming from and whether it is ring-fenced and protected.

Can the Minister tell us what assessment has been made of the HMRC’s capacity to enforce the levy, given that it has been widely documented that HMRC lacks the necessary resources and capacity to cope with its current workload, with even more cuts are on the horizon? Can he tell us how HMRC will monitor the effectiveness of its compliance strategy? Can the Minister tell us how the Treasury plans to plug the shortfall in the levy predicted by the Office for Budget Responsibility in relation to funding from the Department for Education for initiatives that he cited that support physical education, after-school activities and healthy eating?

Ultimately, this tax may make a dent or two in reducing childhood obesity, but we know that on its own it will fail in that role. The coming health consequences of obesity will be like a tsunami; this measure on its own is like putting a couple of extra life jackets on the Titanic. For it to have any meaning it must be part of a wider strategy. The Government are planning to cut real-terms spending on public health by 4% a year until 2020. The Royal College of Paediatrics and Child Health reported last week that most local authorities have cut spending dedicated to promoting physical activity in children. They also criticised the Government for their failure to establish an overarching child health strategy. I know that the Minister mentioned it, but the royal college criticised it with regard to the integrated, holistic approach that would make strategic sense of the levy. The Opposition cannot yet see that plan in place. Finally, will the Minister make an assessment of the impact of the levy on childhood obesity, because many people argue that on its own it will make little or no impact at all?

[Robert Jenrick]

I am grateful to the hon. Gentleman for his support for the levy, which will play an important part in tackling childhood obesity. As I was at pains to stress in my opening speech, the levy is only one element of a much wider Government strategy. The Opposition and other right hon. and hon. Members will have seen the childhood obesity plan that was published. Nobody pretends that the soft drinks industry levy contains all the elements of that plan, but it is a significant element and, again, I am grateful to the hon. Gentleman for his support.

The levy is working, and we have seen that in the large number of suppliers of soft drinks that have already reformulated their products. As a result, the tax will raise less revenue than was previously expected. It was never designed as a tax-raiser; it was always designed to stimulate improvements in public health. In the autumn Budget of 2017, we laid out our expectation that the levy would raise around £275 million, yet the Treasury remains 100% committed to the original promise of over £1 billion of extra money for the Department for Education.

[Clive Lewis]

While we welcome the £1 billion—the extra funding—to plug those gaps, if the Government then cut 3.9% of spending on public health and, it is predicted, millions by 2020, does the Minister not concede that they are giving with one hand and taking with the other?

[Robert Jenrick]

I dispute the hon. Gentleman’s analysis of our funding of the NHS, which has risen in every year of this Parliament. In the autumn Budget of 2017, the Chancellor committed to providing more money for both the NHS and adult social care.

The levy is an example of where the Government are taking action. We are using the tax code to change behaviours for the public benefit, and we are committed to significant increases in spending for school sports, breakfast clubs and all the other important things that will benefit from the funds coming from the levy. Every single penny raised by the levy will go to support school sports and the public health initiatives that I mentioned, plus the additional revenue that the Treasury committed to and is in no way backing down on, despite the success of the levy.

[Clive Lewis]

rose—

[Robert Jenrick]

If the hon. Gentleman does not mind, I will press ahead on this occasion; I have given way to him in the past.

As for the capacity of HMRC, this is a task that HMRC is very used to and has expertise in. It uses that capacity for all forms of alcohol excise duties, such as those that apply to the spirits industry and so on. There is no reason to question whether HMRC can do this work. Indeed, the powers that we are considering today are those that HMRC has requested. The levy has been fully subject to a public consultation with the industry. HMRC’s voice has been heard in that consultation and we believe that HMRC will be effective in enforcing this levy and in ensuring that there is no criminality, or only minimal criminality, involved with it.

As for the question of whether or not we have reviewed, or will review, the impact of the levy, we have committed to such a review—in 2020, I think—so that will be the point at which we can clearly see the impact of the levy on both public health and the industry. With that, Sir Edward, I commend the regulations to the House.

[Clive Lewis]

I will just clarify matters on the issue of public health cuts and sum up very quickly. We support the levy, but there are caveats. One of the key things that I wanted to mention is public health cuts. The King’s Fund, the widely respected health think-tank, has said that

“too many local government services that affect the public’s health are facing death by a thousand cuts.”

The Local Government Association said in December:

“Cutting the public health budget is short sighted and will undermine the objectives we all share to improve the public's health and to keep the pressure off the NHS and adult social care. Further reductions to the public health budget reinforces the view that central government sees prevention services as nice-to-do but ultimately non-essential.”

How can the sugar levy make sense when many other measures that might help to reduce childhood obesity are being cut? That is something that we will continuously raise when it comes to this levy.

I will conclude by saying that my first priority today is the health and wellbeing of our children—I, too, am not here to defend the soft drinks industry—but in the absence of a thought-through strategy, it is hard to disagree with the British Soft Drinks Association in its response to the Budget in 2017 that

“it’s worth bearing in mind that there is no evidence taxing a single product or ingredient has reduced levels of obesity anywhere in the world.”

[The Chair]

I will put the question. As a matter of coincidence, I was at my dentist’s this morning and he showed me a rather horrifying film about the danger of sugar, so he will be very interested in our proceedings.

Question put and agreed to.