Finance Bill (Fourth sitting)

David Gauke Excerpts
Tuesday 13th October 2015

(8 years, 7 months ago)

Public Bill Committees
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Question (this day) again proposed, That the clause stand part of the Bill.
David Gauke Portrait The Financial Secretary to the Treasury (Mr David Gauke)
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It is a great pleasure to serve under your chairmanship once again, Mr Howarth. Welcome to what may prove to be a briefer sitting than you were anticipating. I hope that that does not upset your plans too much.

The hon. Member for Wolverhampton South West raised a concern that the clause might permit aggressive tax planning or tax avoidance by multinational companies, and that a consequence could be lost revenue to the Exchequer. Let me reassure him. We believe that the clause will have a negligible impact on the Exchequer, but it will simplify the UK tax system. To some extent, if the existing rules were designed to deal with tax avoidance, they were not going to be able to do that effectively anyway because companies could put in a European economic area or UK-linked company.

We do not think the clause opens up a particular vulnerability in any event, but the hon. Gentleman made an important point about ensuring that our tax system is fit for purpose in a world in which multinational companies have choices and can structure themselves in particular ways. That is why the UK was keen to encourage the OECD to look at the international tax system as part of the base erosion and profit shifting project. That project reported recently; it was debated by G20 Finance Ministers at Lima last week and recommendations have been taken on board. As my right hon. Friend the Chancellor of the Exchequer has made clear, the UK will implement the BEPS recommendations.

There is an important point, but I do not believe that it is relevant to the clause. The Government remain determined that the international tax system should ensure a closer alignment between economic activity and taxing rights. That is the key to the BEPS reforms, which is an agenda we are keen to push forward.

Rob Marris Portrait Rob Marris (Wolverhampton South West) (Lab)
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There is a difference between something that affects those currently trading in a particular way and the actions that a group of companies might take in the light of a changed tax regime. Is the Minister confident that a change of behaviour through company restructuring following the changes in the clause is unlikely because there will not be much of a loss of revenue from linked companies and so on, and there will not be a change in behaviour that will lead to such a loss in the future?

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David Gauke Portrait Mr Gauke
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We do not believe that there will be a change of behaviour that will lead to a loss of revenue as a consequence of the clause. I hope that that provides reassurance to the hon. Gentleman and to the Committee.

Question put and agreed to.

Clause 34 accordingly ordered to stand part of the Bill.

Clause 35

CFC charge: abolition of relief

Question proposed, That the clause stand part of the Bill.

None Portrait The Chair
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With this it will be convenient to discuss clause 36 stand part.

David Gauke Portrait Mr Gauke
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Clauses 35 and 36 make changes to prevent the offsetting of UK losses and other surplus expenses against tax that should be paid by UK companies in accordance with the reformed controlled foreign companies rules. That will improve the effectiveness of our CFC regime in countering aggressive tax planning by UK multinational groups while maintaining the competitiveness of the UK corporation tax regime.

The CFC rules are designed to protect the UK corporate tax base from the artificial diversion of UK profits to low-tax jurisdictions. The rules were extensively reformed in 2012 during the previous Parliament as part of the corporate tax road map, which provided the protection necessary for a more territorial corporate tax base while ensuring that the rules operate in a way that reflects modern global business practices.

A CFC charge arises on a UK company in relation to CFC profits that have been diverted from the UK. Under the CFC rules, UK losses and other surplus expenses could be set against profits taxable under the CFC rules, which can reduce or eliminate the amount of UK tax actually paid on those diverted profits. The Government believe that tax should be paid on profits diverted from the UK. These changes will ensure that that happens.

The changes made by clauses 35 and 36 will remove the ability of a UK company to reduce or eliminate its CFC charge by offsetting UK losses and surplus expenses against that CFC charge, which will improve the effectiveness of the CFC regime in deterring the diversion of profits from the UK by ensuring that those profits are taxed. The changes made by clauses 35 and 36 apply to corporate entities, not individuals. They will apply with effect from 8 July 2015 to UK-resident companies that hold an interest in a CFC on which a CFC charge will arise. The changes will mainly affect large UK multinational groups with overseas subsidiaries. The changes will raise an estimated £860 million in additional tax receipts over the next six years.

The reform of the CFC rules in 2012 was an important part of corporation tax reform. These clauses ensure that the CFC rules work as intended by preventing UK losses or other surplus expenses from reducing or eliminating the amount of UK tax paid on diverted UK profits. The changes are in line with our broader corporate tax policy objectives, which seek to balance competitiveness and fairness.

Rob Marris Portrait Rob Marris
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It is a pleasure to serve under your chairmanship, Mr Howarth. I do not think I have had the pleasure since taking a five-year sabbatical.

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Rob Marris Portrait Rob Marris
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I will endeavour to conduct myself in a way that produces that result.

I wish I had thought of clauses 35 and 36 myself. They contain great anti-avoidance provisions, for which I again salute the Government. I understand that they seek to ensure that the CFC legislation operates as intended. There is one sting in the tail—I may have misunderstood—but clause 35 addresses loopholes that have been exploited since the introduction of provisions in the Finance Act 2012. That does not instil great confidence in the creation, drafting and passage of that legislation. The more so with clause 36, which—again, I may be mistaken—attempts to close a loophole or dissuade companies from a course of conduct with their tax affairs pursuant to rules that were introduced by the Finance Act 2015. If that be the case, I am concerned that the House is repeatedly battling against aggressive tax avoiders. If it be the case that we are amending legislation introduced about six months ago to close a loophole, we are not doing as well as we should be and might be on countering the actions of aggressive tax-avoiding companies, which is a goal shared on both sides of the House. Although the different ways one might do that may be the subject of debate, the goal that companies should pay their fair share of tax is a shared goal. Again, we can debate what is a fair share of tax, but loopholes appear to be popping up all over the place at very short notice, which is a concern.

David Gauke Portrait Mr Gauke
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I again thank the hon. Gentleman for supporting the content of these clauses. I have general and specific points to make in response to his comments. He is right that there is a consensus across the House that aggressive tax avoidance should be tackled. Although he was on sabbatical for the previous Parliament, he will be aware that measures designed to deal with that matter were brought forward in the previous Parliament. A lot of the work that needed to be done in the context of large multinationals is essentially of a multilateral, international nature, and we have pursued that agenda through the BEPS project, which I mentioned a moment ago, so there has been a determination on that front.

We brought in measures over the previous Parliament, as have previous Governments, to address what could be described as loopholes in domestic legislation. Her Majesty’s Revenue and Customs has also been very effective in collecting more tax from large businesses. The position of tax administration at HMRC has ensured that those revenues are collected.

If I were to argue against the provisions for a moment, I could say that a UK company can set its losses against UK profits, so why can it not also set its losses against profits that have been diverted from the UK? We are not persuaded by that argument, hence the measures in front of us. The provisions are consistent with our wider policy of protecting our corporation tax base against the diversion of UK profits, which is consistent with our approach to the diverted profits tax, for example. It is right to take action, but it is also right to ensure that we get the balance right between fairness and competitiveness. As evidence has emerged of particular practices that companies pursue, it is right to make adjustments as and where necessary ensure that legislation reflects those twin objectives of fairness and competitiveness.

Rob Marris Portrait Rob Marris
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Can the Minister indicate when the Government will push forward hard on what they have said that they will do on transparency of beneficial ownership of companies in tax havens and so on? Anecdotally, there is quite some evidence of tax avoidance, which the introduction of that transparency could lessen. The Opposition want it and the Government say they want it, but it appears to be slow in coming.

David Gauke Portrait Mr Gauke
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The hon. Gentleman takes me into wider matters, but I am happy to respond even though it takes me a little way from clauses 35 and 36. The UK is leading the way by introducing a central register of beneficial ownership. That issue relates more to tax evasion as opposed to tax avoidance. We are encouraging other jurisdictions, including overseas territories and Crown dependencies, to move in the same direction as the UK.

On the subject of transparency and tax avoidance, the hon. Gentleman will be aware that one of the earlier recommendations from the BEPS project was on the introduction of county-by-country reporting information that goes to tax authorities. To ensure that we made progress on that front, we debated it before the conference recess. Such a measure would be more helpful and beneficial to tax authorities than a different arrangement. They could more easily assess a multinational’s tax affairs around the world and understand whether significant profits located in a low-tax jurisdiction might be indicative of a need for a closer look at the tax affairs of that multinational company.

Returning to the clauses before us, the hon. Gentleman referred to the interaction with the loss restriction rules that were introduced in a previous Finance Bill this year. The measure amends the rules restricting the use of carried forward losses introduced in the Finance Act 2015 to put it beyond doubt that those rules apply to arrangements involving CFCs. The measure is in addition to and, I would argue, complementary and consistent with the previous legislation. It puts it beyond doubt that that anti-avoidance measure applies to CFCs.

I hope those points are helpful to the Committee. We are determined to ensure that the UK is a competitive place in which to do business. The reforms of the CFC regime that we introduced in the last Parliament have helped the UK to attract additional business and more headquarters have been located in the UK. It is also right to ensure that those reforms do not go beyond what we intended and leave open opportunities for tax avoidance. The clauses are evidence of our determination to address that matter and I hope they will stand part of the Bill.

Question put and agreed to.

Clause 35 accordingly ordered to stand part of the Bill.

Clause 36 ordered to stand part of the Bill.

Ordered, That further consideration be now adjourned. —(Mel Stride.)

Finance Bill (Second sitting)

David Gauke Excerpts
Thursday 17th September 2015

(8 years, 8 months ago)

Public Bill Committees
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None Portrait The Chair
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With this it will be convenient to discuss the following:

Clause 4 stand part.

Clause 5 stand part.

David Gauke Portrait The Financial Secretary to the Treasury (Mr David Gauke)
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Welcome to the Chair this afternoon, Mr Howarth. As I said to Sir Roger this morning, we look forward to serving under you both in the weeks ahead.

Clauses 3 and 4 will ensure that in future an individual working 30 hours a week on the national minimum wage will not pay income tax. Clause 5 sets the income tax personal allowance for 2016-17 and 2017-18. The changes deliver the Government’s commitment to support and to reward those in work. The Government are committed to supporting hard-working individuals, which is why we have a strong record in cutting taxes and reducing the tax bill for the lowest paid. To date, 27.5 million individuals have seen their typical income tax bill reduced by £825 as a result of personal allowance increases over the previous Parliament.

Nick Thomas-Symonds Portrait Nick Thomas-Symonds (Torfaen) (Lab)
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I am sure that, like me, the Minister has read the Joseph Rowntree Foundation’s report on the Budget proposals. It finds that, over the course of this Parliament, a single parent working full time on the national minimum wage will end up being worse off as a result of this Budget. Is what is being introduced really a national living wage?

David Gauke Portrait Mr Gauke
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If one takes into account the overall Budget measures, including the changes to welfare and the personal allowance, the introduction of the national living wage and the extension of free child care to 30 hours, eight out of 10 households will be better off by 2017 as a consequence. That is a record to be proud of.

Mark Garnier Portrait Mark Garnier (Wyre Forest) (Con)
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My hon. Friend has referred to specific personal changes that help, but is it not also the case that the Government have done a great deal to support very small businesses, of which many are microbusinesses or sole traders? The reduction in corporation tax and the non-domestic rate relief for those very small businesses will also help households, particularly those who are self-employed and who run small businesses.

David Gauke Portrait Mr Gauke
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My hon. Friend is absolutely right. The best way to ensure that we have rising living standards is to have strong economy, which ensures that we encourage businesses, attract investment to the UK and reward entrepreneurship. That is the Government’s approach, but whether it is that of the official Opposition remains to be seen.

As we are talking about income tax, it is worth pointing out that 3.8 million individuals have been removed from income tax altogether since 2010 as a consequence of increases in the personal allowance. The Government are committed to continuing to make work pay and have pledged to raise the personal allowance to £12,500 and the higher rate threshold to £50,000 by the end of this Parliament. The Government also believe that people working 30 hours a week on the national minimum wage should not pay income tax. That is why we are introducing a change so that the personal allowance will automatically increase to ensure that it does not fall below the equivalent of 30 hours a week on the national minimum wage.

This will be the first time in history that the personal allowance has not been indexed on the basis of price inflation, instead ensuring that individuals who earn up to 30 hours on the national minimum wage will not pay income tax in the future. Clause 3 changes the basis of indexation for the income tax personal allowance from the consumer prices index to ensure that it is always set at a level at least equivalent to 30 hours a week on the national minimum wage. The change will take effect once the personal allowance reaches £12,500. Individuals working 30 hours a week or fewer on the national minimum wage will therefore be taken out of income tax altogether.

Clause 4 sets out that, until the personal allowance reaches £12,500, the Chancellor will have a legal duty to consider the impact of any proposed increase to the personal allowance on an individual working 30 hours a week on the national minimum wage. The clause also sets out the requirement for the Chancellor to make a statement on the impact that this will have on those individuals when an increase to the personal allowance is made at a future fiscal event.

The changes to income tax thresholds in the Bill will mean that an individual can work at least 30 hours a week without paying income tax both in 2015-16 and next year. In 2010, an individual could work only 21 hours on the national minimum wage without paying income tax. In time, an individual working 30 hours on the national minimum wage will be brought back into income tax.

On clause 5, it is worth pointing out how much the personal allowance has increased in recent years. In 2010-11, it was just £6,475; now, it is £10,600. Following on from that record, in this Parliament, we have committed to delivering a high wage, low tax, low welfare society. That includes reducing taxes for the lower paid, and that is why we have committed to increasing the personal allowance from its current level of £10,600 to £12,500 by the end of the Parliament. Clause 5 increases the personal allowance from £10,600 in 2015-16 to £11,000 in 2016-17 and to £11,200 in 2017-18.

In total, 570,000 individuals will be taken out of income tax altogether by 2016-17. That will increase to more than 660,000 by 2017-18. The changes represent a tax cut for 29 million taxpayers who will see their typical income tax bill reduced by £905 by 2016-17. Taxpayers who are over 65 will also benefit. From 2016-17 onwards, the tax system will be simplified so that all taxpayers will be entitled to the same personal allowance; the remaining age-related allowance of £10,660 will be merged with the higher personal allowance of £11,000.

The clauses allow us to support those in work by enabling people to keep more of the money they earn by paying less income tax. We are helping the lowest paid by taking them out of income tax altogether and we are moving towards a high wage, low tax and low welfare society.

Barbara Keeley Portrait Barbara Keeley (Worsley and Eccles South) (Lab)
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Welcome to the Chair, Mr Howarth. It is a very long time since I did a Finance Bill––it was in my very first year as an MP. We have had a lot of guidance this morning, because apart from me going back to 2006, many Members have not done one before.

Clause 3 changes the basis of indexation for the income tax personal allowance from the consumer prices index to a link to an annual equivalent of an individual working 30 hours per week at the national minimum wage adult rate, when the personal allowance reaches £12,500. Clause 5 outlines future increases in the personal allowance that will work towards the Government’s stated aim of a personal allowance threshold of £12,500. The personal allowance is currently £10,600 and is set to rise to £11,000 in 2016-17, followed by a further increase to £11,200 in 2017-18.

Labour supports measures to improve the living standards of families across the UK. Every worker should be entitled to a fair wage and we welcome the increase in the personal allowance. We understand the reasoning behind changing the indexation for the income tax personal allowance. Linking the allowance to the annual equivalent of an individual working 30 hours per week at the adult rate of the national minimum wage when the personal allowance reaches £12,500 should help to increase a worker’s take-home pay when they work full time on the national minimum wage.

Currently, a person working on the minimum wage for 48 weeks a year earns £9,360 and so is already below the personal allowance threshold. Indexing the personal allowance to the national minimum wage rather than inflation will help to protect the earnings of minimum wage workers as the minimum wage rises above inflation. If the indexation of the personal allowance were to remain aligned to the consumer prices index measure of inflation, many workers on the national minimum wage could find themselves dragged into the personal allowance as their wages increase, as has certainly been the case in the past.

It is welcome that the Government are moving towards a wage and tax system that acknowledges people’s right to make a decent living, but it must be noted that the change in indexation may also have unintended consequences, particularly in the long term. In future, if the national minimum wage fails to rise in line with inflation, families could be hit by stagnant wages and a personal allowance that fails to reflect a squeeze on living standards. I hope that is borne in mind and that any future Government faced with this problem will act to protect family incomes.

Although the measure means that people working 30 hours a week on the national minimum wage do not have to pay any income tax, many people are excluded from the additional benefits that brings because they do not earn enough to qualify. In particular, it will make little difference to someone who works part time on the national minimum wage. There are 8.27 million part-time employees in the UK. People work part time for a wide variety of reasons. For example, they may have caring responsibilities or be unable to find any other suitable work. We know that the majority of low-paid part-time workers are women, and we must bear in mind that an increase in the personal allowance is unlikely to have any effect on that group. If the Government are serious about helping those on low pay to achieve a decent standard of living, we must also look towards other areas of income taxation.

The Institute for Fiscal Studies has suggested that reform of national insurance contributions could help those on low incomes. Many people earning below the income tax personal allowance threshold still pay national insurance contributions. I question the Government’s priorities in increasing the income tax personal allowance, because I feel that there could be more targeted assistance for those on the lowest incomes through changes to national insurance contributions.

That is a symptom of a wider problem within our tax system. The lack of alignment between income tax and national insurance causes additional complications for employers, Her Majesty’s Revenue and Customs and the public. We welcome the Chancellor’s asking the Office of Tax Simplification to look at the possibility of merging income tax and national insurance. As national insurance and income tax have become less distinct in their purpose and what they are used to fund, it is important that we review how we can address the lack of alignment between the two.

Although the personal allowance for income tax has consistently been raised to take more people out of tax, the tax people pay through national insurance has lagged behind. We must consider whether any future increases in the personal allowance could be targeted at national insurance, reducing distortions in our tax system and simultaneously helping those on low pay.

Although the use of the adult national minimum wage as a benchmark for the personal allowance is welcome, we must note that it will not be equivalent to the real living wage or even the apparent living wage announced by the Chancellor in the summer Budget. As the Bill stands, the national minimum wage appears to be the rate for those aged 21 and over. The personal allowance is therefore no guarantee of a living wage for people who work more than 30 hours a week. Will the Minister say whether the Government will seek to increase the personal allowance in future to the level of the new national living wage for the over-25s, once it is introduced?

There is great confusion about the Chancellor’s use of the term “living wage” in the Budget. Even if the new so-called living wage of £9 per hour were used in this calculation, it is unlikely to provide a real living wage for full-time workers. The current UK living wage, as calculated by the Living Wage Foundation, is £7.85 an hour throughout the UK, with the exception of London, where it is £9.15 an hour. The current real living wage, however, takes into account the tax credits that many families will lose under the Budget. When the Chancellor’s living wage reaches £9 an hour in 2020, it is likely that that will not reflect a real living wage as calculated by the Living Wage Foundation.

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of the increase on an individual working 30 hours a week. We welcome the decision to put greater emphasis on the impact of a personal allowance rise on people working for the adult rate of the national minimum wage, but it must be noted that the adult national minimum wage will not be equivalent to the real living wage. We need to get away from the confusion there has been since the Budget. It will also be much lower than the Government’s headline measure of a new rate for the over-25s.
David Gauke Portrait Mr Gauke
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From what the hon. Lady said, I take it that she welcomes the significant further increases in the personal allowance. We have come a long way from the days when it was just £6,475, and I am glad we have made that progress. I am pleased that she appears to accept the principle of linking the personal allowance to the national minimum wage. I hope she recognises that the reforms we are making are helping the country to move towards the low-tax economy we need.

The hon. Lady asked a number of questions, for which I am grateful. She stated her support for the introduction of the national living wage, but then raised concerns about the jobs that will be lost and the care sector. We have to remember that this country is successfully creating a lot of jobs. Large numbers of jobs have been created in the past year or so, so we believe that the time is right for us to introduce the national living wage. We are locking in a more generous floor for the lowest paid across the economy, which obviously applies to the social care sector. Clearly, the costs of social care will be taken into account as part of the local government settlement in the spending review later this year. I cannot add much more to that at the moment, but I hear the hon. Lady’s point.

Barbara Keeley Portrait Barbara Keeley
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It is instructive to listen to care providers and the people around them—the national provider associations. Privately paying residents of care homes now subsidise the residents who are paid for through local authorities to a substantial extent. I was given a case of somebody who, at the end of their life, was moved to a much smaller, cheaper room. That can happen in people’s last months, as they are approaching death. Care home providers do not want to do that, but they are in an awful situation in which there is a great disparity between the cost of supporting people as they need more and more care and the money available. We have to recognise that that is happening. I want to emphasise how important this is. The Minister and his colleagues should listen to the people who are worried about this. Although more jobs are being created and people can transfer between jobs, we cannot live without care homes.

David Gauke Portrait Mr Gauke
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I reiterate the point I made. The hon. Lady expresses her experience very articulately. The cost of social care will be taken into account as part of the spending review.

Maria Caulfield Portrait Maria Caulfield (Lewes) (Con)
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As someone from a healthcare background—I was a nurse—I take the point made by the hon. Member for Worsley and Eccles South about how vital staff are, but surely if there are cost issues, we must find ways to meet the cost pressures elsewhere. Paying the living wage is absolutely fundamental. Yes, it puts pressure on budgets, but not paying the living wage is not the way to address those issues.

David Gauke Portrait Mr Gauke
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I am grateful to my hon. Friend for her contribution. She makes a very good point.

The hon. Member for Worsley and Eccles South asked what would happen if inflation is higher than the increase in the national minimum wage. The Government’s aim is to have a national minimum wage that helps as many low-paid workers as possible without damaging their employment prospects. We welcome the fact that the Low Pay Commission shares our aim of seeing progressive real increases in the national minimum wage. It is because we have a strong economy and high levels of employment that we are seeing increases in the national minimum wage and that we now have the flexibility to introduce a national living wage.

On those who do not benefit from the increase in the personal allowance, we believe that in our income tax system someone working 30 hours a week on the national minimum wage should not pay income tax. These changes will ensure that those individuals will be taken out of income tax. We want to create incentives to encourage those who, for example, wish to increase their hours if their circumstances permit them to do so. They should be able to do that without finding themselves paying income tax.

Daniel Zeichner Portrait Daniel Zeichner (Cambridge) (Lab)
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It is a pleasure to serve under your chairmanship, Mr Howarth. Will the Minister tell me how much a part-time worker earning, say, £8,000 will benefit from the changes?

David Gauke Portrait Mr Gauke
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The point I am making is that as we increase the personal allowance, people who earn under that amount do not pay income tax. If we still had a personal allowance of £6,475, such a person would clearly be paying income tax. If the hon. Gentleman is saying that we have already made an awful lot of progress, I would entirely agree with him. That does not mean that we should stop.

The hon. Member for Worsley and Eccles South raised the issue of the national living wage, which we will introduce. It is based on the national minimum wage, which we believe should continue in its current form, applying recommendations from the Low Pay Commission to the Government. That has an important role to play.

The Government want to protect younger workers’ employment prospects as well as see as many people as possible benefiting from a higher wage. Given that younger workers tend to have less experience in the labour market than older workers, there is a risk that too high a wage rate might make them relatively less attractive to employers. That is why we will have both the national living wage and the national minimum wage.

Barbara Keeley Portrait Barbara Keeley
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I talked at some length about national insurance and the fact that those with very low earnings may not reach the personal allowance but still pay national insurance contributions. Will the Minister comment on possible steps to remedy that drift? What are the Government’s plans?

David Gauke Portrait Mr Gauke
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I understand the hon. Lady’s point. In the coalition agreement in 2010, the coalition Government made it clear that our objective was to increase the personal allowance. Again, in my party’s manifesto for the 2015 general election, we made it clear that we wanted to increase the personal allowance, and of course we will. Our priority is to honour our manifesto commitments and that is what we will do.

It is worth pointing out that the income tax rate is higher than the rate of national insurance contributions. The increases in the personal allowance have been effective in sending a clear signal that we are making work pay and I think they have contributed to the strong recovery we see in jobs. That is to be welcomed, because it incentivises people to work.

Barbara Keeley Portrait Barbara Keeley
- Hansard - - - Excerpts

I understand that we want to ensure that people on the lowest incomes who may not work a lot of hours, and certainly those on the national minimum wage or zero-hours contracts, do not reach the personal allowance. However, the point remains that they are paying national insurance contributions and that is an alternative route to help people on very low pay.

David Gauke Portrait Mr Gauke
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That is an alternative route; it is hard to argue against that point. What I would say is that we had a manifesto commitment to increase the personal allowance to £12,500. Given that that was our manifesto commitment, it is right that we fulfil it—I am sure the hon. Lady does not disagree with that—and that is precisely what this measure will do. I hope that the Committee will support the clause.

Question put and agreed to.

Clause 3 accordingly ordered to stand part of the Bill.

Clauses 4 and 5 ordered to stand part of the Bill.

Clause 6

Basic rate limit from 2016

Question proposed, That the clause stand part of the Bill.

David Gauke Portrait Mr Gauke
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The clause sets the income tax basic rate limit for 2016-17 and 2017-18. The changes deliver the Government’s commitment to support and reward those in work. In the last debate I set out the Government’s record on cutting taxes. On top of that, we also want to support middle-income households and to reward individuals who want to work hard and progress. That is why we have committed to increasing the higher rate threshold—the point at which the higher rate of income tax is applied—to £50,000 by the end of the Parliament. The clause takes the first step in delivering that commitment.

Clause 6 increases the basic rate limit from £31,785 in 2015-16 to £32,000 in 2016-17 and £32,400 in 2017-18. That is the income on which 20% tax is due. The income tax higher rate threshold, which is the sum of the personal allowance and the basic rate limit, will therefore increase from £42,385 in 2015-16 to £43,000 in 2016-17 and to £43,600 in 2017-18. Above that level, 40% tax is due. This is the first above-real-terms increase in the higher rate threshold since 2010, taking 130,000 people out of the higher rate of tax by 2016-17. By 2017-18, that will rise to more than 160,000 individuals. Since 2010, a typical higher rate taxpayer will have gained £818 by 2016-17 and £918 by 2017-18.

As in previous years, the national insurance upper earnings and upper profits limits will remain aligned with the higher rate threshold in 2016-17 and 2017-18. I noted on Second Reading of the National Insurance Contributions (Rate Ceilings) Bill earlier this week that a number of Labour MPs suggested that the link should be broken and that national insurance contributions should be charged at 12% above the higher rate threshold. Clause 6 allows the Government to support those in work, enabling people to keep more of the money they earn by paying less income tax. That helps us to move towards a high wage, low tax and low welfare society.

Barbara Keeley Portrait Barbara Keeley
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I note the Minister’s point about the comments of Back-Bench MPs, but as I said earlier, all parties in the House have Members who do not share the views of those on the Front Bench. That is the way it is, and I could certainly quote all kinds of thing that have been said by Conservative Members on matters dear to my heart.

Clause 6 sets the income tax basic rate limit for the 2016-17 and 2017-18 tax years. It will rise to £32,000 in 2016-17 and £32,400 in 2017-18. We are in favour of tax cuts for those on middle incomes and we support the increases in both the personal allowance and the basic rate limit for 2016-17. However, as inflation, pay and living costs increase, we need to ensure that the basic rate limit for income tax reflects that change. That will prevent families and individuals from being dragged into a higher tax bracket and paying a higher proportion of their income in taxes, despite them seeing no real-terms increase in their living standards or disposable income. Many people feel that is the situation they are in today.

We must also bear in mind how many people will benefit from the increase in the basic rate. In the most recent annual survey of hours and earnings, which used 2013 data, the median gross annual earnings for an individual was just over £22,000. The majority of basic rate taxpayers earn much less than the basic rate limit and are unlikely to benefit from the increase. It will only benefit people with earnings towards the top of the basic rate of tax and will disproportionally benefit people who earn much more than the average income of an individual in the United Kingdom.

As always, we must look at the package of measures outlined in the summer Budget to understand the true impact of the change for working people. Although the Government are altering the tax system to help to ensure that people are rewarded for work, this still does not help to tackle low-paid insecure work. On 2 September, the Office for National Statistics released its figures for zero-hours contracts, which we have already touched on today. Those figures showed that zero-hours work is on the rise, with the total number of contracts rising to 1.5 million and the number of people reporting zero-hours contracts as their main source of employment rising by almost 20% since last year.

At the same time, there are now more than 1.2 million people working part time because they could not find full-time work. That is 200,000 more people than when the Conservative party took office in 2010. John Philpott, director of the Jobs Economist, has raised concerns that the new national minimum wage will mean that employers could stop offering full-time permanent contracts to avoid paying the steep rise in the national living wage for the over-25s, which comes into force next April. He has stated:

“In an otherwise very lightly regulated UK labour market the forthcoming large hike in the minimum wage when the national living wage (NVL) is introduced next year might act as a further incentive to employers to increase their use of zero-hours contracts—which are already very prevalent in sectors where the NVL will bite hardest—in order to minimise the impact on total labour costs.”

We welcome the introduction of the higher limit for basic rate taxpayers. Although basic rate taxpayers will be protected from a rise in living costs, the Government’s freeze in working-age benefits will mean that benefit recipients will not receive the same assurances. In fact, taking into account inflation forecasts, the Institute for Fiscal Studies has estimated that the freeze in working-age benefits is equivalent to a 4.8% cut to working-age benefits over the four years. That will result in 13 million families losing £260 a year on average in benefits.

Although a basic rate rise will be welcomed by those who will benefit from the increase, we must bear in mind that many workers will not benefit from the rate rise. It will not help to solve the problem of insecure work nor will it make up for the other changes to welfare payments and tax credits that go to people who earn significantly less than the threshold.

David Gauke Portrait Mr Gauke
- Hansard - -

The hon. Lady supports the measures that we are discussing, although I note that she is keen to dismiss the opinions of Back-Bench MPs—

David Gauke Portrait Mr Gauke
- Hansard - -

I retract that. The hon. Lady is not dismissing the opinions of Back Benchers; she just does not like them being quoted. I can understand why she holds that position, given the circumstances in which she finds herself.

The hon. Lady makes the point that the changes will not help individuals who do not pay income tax, or those who do not pay higher rate income tax. Under the circumstances, however, we believe that it is right to increase the higher rate threshold. This is the first above-inflation increase for some years. We have set out our intention to have a higher rate threshold of £50,000 by the end of the Parliament, and I hope that the hon. Lady will support that.

It is right that we support work. I sat in similar debates during the previous Parliament and listened while Front-Bench Labour spokespeople made the point that some nurses, policeman and others would benefit from bigger increases in the higher rate threshold, but that we were not increasing it fast enough. I hope that she will welcome the fact that we are making that progress and that the Labour party will continue to support such measures, which are all part of our move towards a low tax, low welfare and high wage economy.

Question put and agreed to.

Clause 6 accordingly ordered to stand part of the Bill.

Clause 7

Rate of corporation tax for financial years 2017-2020

Question proposed, That the clause stand part of the Bill.

David Gauke Portrait Mr Gauke
- Hansard - -

Clause 7 will cut the rate of corporation tax to 19% in 2017 and 18% in 2020. Let me begin by giving some background to the measure. The Government have made it clear that we want a business tax regime that is competitive and fair, and since 2010 we have made clear strides towards that goal. The main rate of corporation tax was 28% in 2010. We had the 20th-lowest main rate among the EU27 countries, as other countries cut rates further and faster than the UK. To combat that, we have cut the rate by almost a third, to 20%, to make the UK more competitive and to support growth and investment. That is one of the biggest boosts that British business has ever seen. [Hon. Members: “Hear, hear!”] In addition, the small profits rate was also cut to 20% in the previous Parliament, and the two rates were merged to simplify the tax regime. Overall, the cuts delivered in the previous Parliament will save businesses £10 billion a year from 2016-17.

[Mark Garnier in the Chair]

The cuts that we have already delivered are significant, Mr Garnier—

None Portrait The Chair
- Hansard -

It is as much of a surprise to me as it is to you.

David Gauke Portrait Mr Gauke
- Hansard - -

Such greatness to fall on one so young.

In the face of global competition, the UK cannot afford to stand still, which is why we will go further in this Parliament, cutting the rate to 19% in 2017 and 18% in 2020. Those cuts will benefit more than 1 million businesses, saving them a further £6.6 billion by 2021, and will give the UK the lowest corporation tax rate in the G20, supporting investment, productivity and growth.

There is strong evidence of the economic benefits of lower corporation tax rates. Low rates increase the return that companies receive on investment, so encouraging the business investment that is vital to productivity growth. The University of Oxford estimates that the reduction in the corporate tax burden that we have delivered will increase business investment by £11 billion. The Treasury and HMRC have modelled the economic impact of the corporation tax cuts delivered since 2010, along with those announced at the summer Budget. The modelling suggests that the cuts could increase long-run GDP by more than 1%, or almost £20 billion in today’s prices.

[Mr George Howarth in the Chair]

As well as supporting businesses already operating in the UK, lower rates of corporation tax make the UK more attractive to international businesses. UK foreign direct investment stock has increased by almost 50% since 2010, reaching £1 trillion by the end of 2014. Last year, UK Trade & Investment reported almost 2,000 inward investment projects—the highest number ever—which have created almost 85,000 new jobs. The corporation tax cuts and other reforms, such as the introduction of the patent box, have completely changed perceptions of the UK tax regime. Five years ago, businesses were leaving the UK because of our tax regime; that regime has now become an asset that attracts firms to the UK, which is now regularly cited in surveys as having one of the most competitive regimes in the world.

In conclusion, cutting corporation tax has been a central part of the Government’s economic strategy, and it is working. The UK grew faster than any other G7 economy in 2014, and 2 million more people are in employment since 2010. Business investment is growing rapidly. Tax competition is dynamic. In the past few decades, we have seen countries throughout the world cut their corporation tax rates. We cannot afford to stand still while others rush ahead. The UK needs to be as competitive as possible.

There were those at the general election who advocated an increase in corporation tax to 21%. I am pleased that, months later, on Second Reading, those very same people were supportive of the measures in the clause. I am grateful to the hon. Member for Birmingham, Ladywood (Shabana Mahmood), who spoke for her party in that debate and supported the reduction in corporation tax to 19% and then 18%. A new 18% rate will send out the message around the world loud and clear that Britain is open for business. I hope that the Labour party will continue to support the policy, and I commend the clause to the Committee.

Barbara Keeley Portrait Barbara Keeley
- Hansard - - - Excerpts

I am glad to see you back in the Chair, Mr Howarth. I put my head down for a moment and then you were not there.

As we have heard, clause 7 sets the main corporation tax rate at 19% for the financial years beginning on 1 April in 2017, 2018 and 2019, and at 18% for the financial year beginning 1 April 2020. Labour is in favour of support for businesses, which is what we need to discuss as we consider the clause. We want to help British businesses to invest in the UK and to enable long-term investment. We will support the corporation tax measures, but we have questions about the future direction of policy on support for businesses. It perhaps is not appropriate to discuss it at this point, but that is why later in our consideration of the Bill we would like to introduce a new clause asking for a public consultation on the reforms to the system of tax relief for businesses.

--- Later in debate ---
George Kerevan Portrait George Kerevan
- Hansard - - - Excerpts

I stand chastened, Mr Howarth. My point is that the one does not offset the other because of the time gap, which is where I wanted to finish. That is what I would like the Minister to reflect on.

David Gauke Portrait Mr Gauke
- Hansard - -

I begin by welcoming the support of the hon. Member for Worsley and Eccles South for the reduction in corporation tax—although, if I may say so, she could have sounded a little more enthusiastic about the measure. I would be grateful to know whether the shadow Chancellor agrees with the reduction in the corporation tax rate first to 19% and then to 18%. He is on record suggesting that the rate should be considerably higher, but I appreciate that he made those comments when he was a Back Bencher, so perhaps we should not dwell on them for too long.

A few issues were raised, some of which relate to this clause. I will try to address as many as possible. First, on the issue of the UK’s reputation and the base erosion and profit shifting process, which was instigated by the UK Government and others, the UK believes in a tax system that is competitive and fair, and which properly reflects where economic activity takes place. We want a simple, competitive and fair tax system, which is why we instigated the BEPS initiative to ensure that companies are not able to make use of an outdated international tax system that does not properly reflect where economic activity takes place. Within that system it is perfectly reasonable to have low and competitive rates, and that is exactly what we have delivered.

As I set out earlier, we are seeing signs of increased business investment. The analysis undertaken by the Treasury and HMRC shows that much of the tax loss as a consequence of the reductions is recovered by increases in economic activity. A dynamic behavioural analysis shows that this is helping. Real business investment is growing as a proportion of GDP; business investment grew by 8% in 2014, and the Office for Budget Responsibility is forecasting that it will grow strongly over the next few years. It is also worth pointing out that the likes of the OECD make the case that corporation tax is perhaps one of the most economically damaging taxes and one of the most inefficient of our taxes. That is why it has been a priority for the Government to reduce it. We believe that if the UK is to prosper and to win the global race, it is important that we have that competitive tax system.

Our case as a country would be aided if there was consensus that we should have low rates of corporation tax, and that is why I genuinely welcome the fact that the Opposition parties apparently will not divide the Committee on that issue. I hope that that consensus can be maintained, because those who go around advocating very high rates for corporation tax do not aid those of us who are trying to advocate that businesses should invest in the UK when they have a number of international choices.

Barbara Keeley Portrait Barbara Keeley
- Hansard - - - Excerpts

Will the Minister give way?

David Gauke Portrait Mr Gauke
- Hansard - -

I certainly give way to the hon. Lady, who can confirm her party’s and, indeed, the shadow Chancellor’s support for this measure.

Barbara Keeley Portrait Barbara Keeley
- Hansard - - - Excerpts

I do not think it would be my place to confirm the shadow Chancellor’s support for the measure. If this is going to come up again in the debate, I should explain that we have a robust system of policy development and that decisions in the short to medium term are taken by the shadow Cabinet, which I think has met only once since we had the change of leadership at the weekend; then we have a substantial policy forum set up, which works nationally with our annual conference to take forward new developments and changes in policy direction and decisions. It is not sensible in this very short time into a new administration to ask a junior shadow Treasury Minister to make that point.

To bring the Minister back to my questions, I spent quite a lot of time talking about corporation tax versus business rates. We made our pledge on business rates and we are very concerned about small and medium-sized businesses, and about the high street. Can he answer my questions?

David Gauke Portrait Mr Gauke
- Hansard - -

I will, although I do not want to hurry away from corporation tax, given that it is the essence of clause 7. I note that the hon. Lady said that although she is able to make a statement about party policy as the Labour party Front Bencher in this Committee, neither the leader of her party nor the shadow Chancellor are in a position to do so. If that is the way the Labour party operates, that is one for that party, curious though it might be to the rest of us.

None Portrait The Chair
- Hansard -

Exactly, and I think we should not get too drawn into policy-making processes of any political party.

--- Later in debate ---
David Gauke Portrait Mr Gauke
- Hansard - -

I can understand your making that point, Mr Howarth.

Simon Hoare Portrait Simon Hoare (North Dorset) (Con)
- Hansard - - - Excerpts

I wonder whether my hon. Friend shares my view that those who usually call for higher rates of corporation tax have never themselves ever been involved in the running of a business.

David Gauke Portrait Mr Gauke
- Hansard - -

My hon. Friend makes a very important point. Another point about corporation tax that can be lost in the debate is that, ultimately, the burden of all taxes falls on people. There is a lively debate on corporation tax about how much should it fall upon shareholders, in which case we are often talking about pension funds that pay pensions to ordinary people. Sometimes it could fall upon employees as a consequence of the fact that there is a reduction in investment as a consequence of corporation tax, which in turn means that productivity does not improve, and as productivity tends to drive salaries and wages, employees often suffer; or it could indeed be consumers who suffer from higher prices as a consequence of corporation tax.

Let us be clear that all taxes that we debate in this Committee are ultimately paid by people. They might not be writing the cheque or transferring the funds from their account, but ultimately all taxes are paid by people, and if one has an economically inefficient tax, the price that people pay for the benefit to the public finances becomes all the greater.

Barbara Keeley Portrait Barbara Keeley
- Hansard - - - Excerpts

I find the comment from the hon. Member for North Dorset about the prior experience of Members of this House rather patronising. I started my career in IBM, which is one of the biggest companies in the world. In fact, I worked at the large systems end of IBM with some of the largest organisations in the country, so I will not be patronised about my business experience. I have also been self-employed, which an awful lot of Members have not been.

I return to the point that this was a straightforward switch. I do not have many large corporations in my constituency in Salford, but I do have a lot of small and medium-sized businesses. Our straight switch from corporation tax was to support those small and medium-sized businesses. That was the essence of my contribution.

David Gauke Portrait Mr Gauke
- Hansard - -

I am grateful to the hon. Lady for her intervention. To be fair to my hon. Friend the Member for North Dorset, he was saying that those who advocate corporation tax rises might not understand business. As she is not advocating corporation tax rises, I do not think she should take those remarks personally.

The coalition Government introduced a number of measures on business rates at autumn statements and in Budgets—for example, introducing a discount and extending the small business rate relief. We have announced a review of business rates, which will report by the end of the year. We set out details in the Budget of how we are paying for the rate cut, as part of a set of tax-reforming measures.

The Government have taken strong steps to deal with avoidance both domestically and internationally. I will not detain the Committee on that, but I am happy to do so if necessary.

On tax simplification and helping small and medium-sized enterprises, it is worth pointing out that the Office of Tax Simplification was set up in 2010 and has made more than 400 recommendations, of which half have already been implemented. The OTS will be established on a statutory basis with an expanded role and capacity.

The hon. Lady asked specifically about the late payments consultation. As we heard, that consultation was completed last month and the House will be updated on its results once responses have been reviewed. I am grateful for the Committee’s support for the measures, and I hope clause 7 will stand part of the Bill.

Question put and agreed to.

Clause 7 accordingly ordered to stand part of the Bill.

Clause 8

Annual investment allowance

Question proposed, That the clause stand part of the Bill.

David Gauke Portrait Mr Gauke
- Hansard - -

Clause 8 increases the permanent level of qualifying expenditure eligible for the annual investment allowance to £200,000 from 1 January 2016. It provides a stable and long-term incentive for small and medium-sized businesses to invest in plant and machinery by allowing them to reduce their taxable profits by 100% of the value of their investment, up to the £200,000 threshold.

Encouraging long-term investment has been highlighted as a fundamental objective for achieving greater productivity, as outlined in the Chancellor’s productivity plan. The clause signals the Government’s intention to do just that, in order to support long-term business investment. Business groups such as the Confederation of British Industry, the Federation of Small Businesses and the British Chambers of Commerce have all welcomed a higher permanent level of the allowance.

The coalition Government temporarily increased the annual investment allowance to £250,000 and £500,000 in 2012 and 2014 respectively. Those temporary increases have provided valuable support to businesses as investment has recovered since the recession. The allowance was due to revert to a permanent level of £25,000 at the end of the calendar year, but the clause prevents that from happening. Instead, the annual investment allowance will be set at £200,000, its highest ever permanent level. That will provide certainty for businesses in the long term.

--- Later in debate ---
Michelle Thomson Portrait Michelle Thomson (Edinburgh West) (SNP)
- Hansard - - - Excerpts

Much of what I say will be in support of the comments made by the hon. Member for Worsley and Eccles South. The Scottish National party also considers the allowance a vital investment tool, particularly for small businesses. The fact that it can be claimed during a year of investment rather than over a number of years is particularly beneficial for encouraging investment and therefore productivity, which we are also keen to see.

To reiterate what the hon. Lady said, yes, the allowance was increased to £500,000, and we are pleased that it will not fall off a cliff edge to £25,000 in January 2016; rather, it will just be decreased to £200,000. It is, however, a pity that it is a decrease of £300,000. My question for the Minister is, if it is good at £500,000, why not keep it there to encourage productivity? In his Mansion House speech, the Chancellor said that we do not export enough, train enough, save enough or invest enough. The key question stands: why not make the allowance permanent at £500,000?

David Gauke Portrait Mr Gauke
- Hansard - -

I thank hon. Members for their questions. First, let me make it clear that £200,000 is the highest permanent level there has been for the allowance. If I recall correctly, it was £100,000 during the Labour party’s last year in office. We made some temporary increases in the AIA to support the recovery, and those increases were warmly welcomed by businesses, which believed that they allowed them to bring forward and realise their investment plans. We recognise the importance of providing certainty to businesses in the current economic climate, and we are committing to keeping the level of £200,000 for the entire Parliament. We believe that that will help to provide an environment of long-term support for businesses to invest.

The level of the allowance must be viewed in the context of cuts to corporation tax. We must remember that although the previous Government had an annual investment allowance of £100,000, the rate of corporation tax was 28%. The allowance of £200,000 when we have a corporation tax rate of 20%, falling to 18%, is significantly more generous.

On business reaction, let me read two quotations following the Budget announcement on 8 July. John Allan, the chairman of the Federation of Small Businesses, said:

“The Annual Investment Allowance has been an important incentive for people investing in the future growth and productivity of our small businesses. We have long called for the Allowance to be set permanently and at a reasonable level. Small firms will therefore welcome the move by the Chancellor to do just that by setting the Allowance permanently at £200,000.”

John Longworth, the director general of the British Chambers of Commerce, said on the same day:

“The Chancellor has confirmed that Britain is open for business. Firms across the UK will cheer not just the new permanent Annual Investment Allowance, further Corporation Tax reductions, and lower National Insurance for small businesses, but also commitments to childcare and higher education that help them employ Britain’s best.”

We must bear that in mind.

Barbara Keeley Portrait Barbara Keeley
- Hansard - - - Excerpts

The quotes give part of the message, and it is not surprising that those whom the Minister has quoted from business support permanence. As two Opposition Members have said, however, businesses have called for the allowance to be retained at £500,000. It is not surprising that they wanted permanence, but they also wanted a higher level.

David Gauke Portrait Mr Gauke
- Hansard - -

The reaction to the announcement was that businesses were pleased. That is what we got from the Federation of Small Businesses and the director general of the British Chambers of Commerce. Would they have liked it to be higher? Of course they would, but the claim that the measure has disappointed business is certainly not supported by those two quotations.

Michelle Thomson Portrait Michelle Thomson
- Hansard - - - Excerpts

In that case, I would be interested to understand why it is not set at £500,000. Surely, if it was, businesses would be doubly delighted. What is the economic thinking behind not making it permanent at that level?

David Gauke Portrait Mr Gauke
- Hansard - -

There is a question of cost. It is necessary to evaluate where the impact would lie and the benefit of going above £200,000. Yes, the allowance was once at a very high level, but that was because of particular temporary circumstances, given the uncertainty that existed towards the end of the previous Parliament.

Let us not forget that 99% of companies will receive 100% relief on their investment with an annual investment allowance of £200,000. It is a question of balancing the benefit to investment with the cost in tax that we will forgo if we go above £200,000. The judgment that we made was that, given that 99% of companies will get 100% relief, a level of £200,000 was a reasonable approach to take in the context of a set of policies that are undoubtedly pro-business and designed to attract investment in the UK.

David Gauke Portrait Mr Gauke
- Hansard - -

I was about to conclude, but I will quickly take the two inventions.

Daniel Zeichner Portrait Daniel Zeichner
- Hansard - - - Excerpts

On a point of clarity, given that we are discussing permanence, I think I heard the Minister say that this would be the level for the remainder of the Parliament. Is that what he is saying?

David Gauke Portrait Mr Gauke
- Hansard - -

That is our intention, yes; £200,000 will be the level for this Parliament.

Roger Mullin Portrait Roger Mullin
- Hansard - - - Excerpts

I would be interested to hear the Financial Secretary’s reflections on the Chancellor’s speech, which my hon. Friend the Member for Edinburgh West has cited. Does the Minister accept that there is a fundamental problem of investment in the UK economy and that we need to do more to try to stimulate investment? One way of doing that would have been to retain the investment allowance at a higher level.

David Gauke Portrait Mr Gauke
- Hansard - -

Our view is that the most effective way is the balance of policies we have set out in the Budget, preceding Budgets and autumn statements. It has reduced corporation tax from 28% in 2010 to 18% by 2020, the end of this Parliament. That is important too, so we have a proud record.

I am glad that there is agreement that we need to attract business investment in the UK. I have already quoted the numbers and increases we have seen in recent years. It is important that we provide that pro-business environment, and that is precisely what the Government continue to do.

Question put and agreed to.

Clause 8 accordingly ordered to stand part of the Bill.

Clause 9

Increased nil-rate band where home inherited by descendants

David Gauke Portrait Mr Gauke
- Hansard - -

I beg to move amendment 1, in clause 9, page 9, line 11, leave out from “if” to “to” in line 14 and insert “—

(a) the property becomes comprised in a settlement on D’s death, or

(b) immediately before D’s death, the property was settled property in which D was beneficially entitled to an interest in possession.

‘(3A) Where the property becomes comprised in a settlement on D’s death, B inherits the property if—

(a) B becomes beneficially entitled on D’s death”

None Portrait The Chair
- Hansard -

With this it will be convenient to discuss the following:

Government amendments 2 to 6.

Amendment 7, in clause 9, page 13, line 26, at end add—

“(5) The Chancellor of the Exchequer shall, within three months of the passing of this Act, undertake a review of the impact of the introduction of the new nil-rate band for inheritance tax and lay a report of the review before both Houses of Parliament.

(6) The review must pay particular attention to the impact of the introduction of the new nil-rate band on:

(a) different regions of the UK; and

(b) house prices.”

David Gauke Portrait Mr Gauke
- Hansard - -

Clause 9 will reduce the burden of inheritance tax for most families by making it easier to pass on the family home to their children and grandchildren. That means there will be an effective inheritance tax threshold of up to £1 million for married couples and civil partners by the end of this Parliament.

Nick Thomas-Symonds Portrait Nick Thomas-Symonds
- Hansard - - - Excerpts

Can the Minister tell me what percentage of properties in the UK will benefit from these inheritance tax changes? What percentage of those properties are outside London and the south-east?

David Gauke Portrait Mr Gauke
- Hansard - -

This is an area where I hope we can reach a consensus, although I may well be confounded. There is a place within our tax system for an inheritance tax regime that applies to the wealthiest estates. We believe that a proportion of estates should continue to pay inheritance tax. One challenge we face is that over the next few years, unless we take some form of action, it is likely that the proportion of estates that will pay inheritance tax will increase significantly. If we simply allow the system to roll on as it is, inheritance tax will become much more widely applicable. That may well be the position that some Members hold, but we are talking about an application far wider than was the case under the previous Labour Government.

Let us not forget that it was the previous Labour Government who made a substantial change to inheritance tax when they brought in the transferable nil-rate band. I am sure that Members will remember the autumn of 2007 as clearly as I do, and the announcement by the then Chancellor, Alistair Darling, of the introduction of that nil-rate band. At that point, the proportion of estates affected by inheritance taxes was somewhat lower than is forecast to be the case by the end of this Parliament. I hope that context is helpful to the hon. Gentleman.

The changes we are introducing were a commitment in our manifesto, and it is a commitment that I am pleased to deliver. Inheritance tax was introduced in 1986. It may be helpful if I explain briefly how it works. The rate of inheritance tax is 40% on anything above the inheritance tax nil-rate band of £325,000. There is also a full exemption for anything left or gifted to a spouse or civil partner. As a result, the estate of the first spouse or civil partner will often not use the full allowance of £325,000, so any unused amount can be transferred to a surviving spouse or civil partner. That means the surviving individual can have an allowance of up to £650,000 before inheritance tax needs to be paid.

However, we now have the problem that more hard-working families are facing an inheritance tax bill than at any time since the introduction of the system nearly 30 years ago. Last year, 35,000 estates had an inheritance tax liability and that has been forecast to rise by nearly double to 63,000 in 2020-21. And thousands more worry about leaving their families with a large inheritance tax bill when they die. A YouGov poll in March 2015 showed that 59% think that the tax is unfair—more than any other tax—and it is easy to understand why. If people have saved, paid their taxes and worked hard to own their home, it can only be right that it will go to their family and not to the tax man. That is why we promise to make it easier for hard-working families to pass on their home to their children and grandchildren, and that is what the clauses deliver.

From 6 April 2017, a new additional transferrable nil-rate band will be phased in for all individuals who leave their home on death to direct descendants. That includes children, stepchildren, adopted children, foster children and grandchildren. The new allowance will be up to £100,000 in 2017-18, up to £125,00 in 2018-19, up to £150,000 in 2019-20 and up to £175,000 in 2020-21. That will be separate from the existing inheritance tax nil-rate band, which will remain at £325,000 until April 2021.

Nick Thomas-Symonds Portrait Nick Thomas-Symonds
- Hansard - - - Excerpts

Prior to coming to the House, I practised law in this area of law. It seems to me that clause 9 essentially seeks to increase the nil-rate band up to £1 million to include family homes. That is the stated aim. I know that the Minister is a fan of simplicity in the tax system, so I am puzzled as to why it takes an additional 400 lines in the Bill to do that, which in turn creates even greater complication in what is an already complicated area of law.

David Gauke Portrait Mr Gauke
- Hansard - -

I understand the hon. Gentleman’s point, but if he will bear with me, I will set out the rationale for the measure. We think there is a particular issue about family homes and the fact that more and more homes are caught by inheritance tax. That is why we have introduced these measures. When it comes to complexity, if one looks at the inheritance tax regimes of Germany, Italy or France, they all consist of a number of different bands or rates, depending upon the relationship between individuals. Germany also allows for an exemption in certain circumstances when the family home is left to children or stepchildren. Several countries, such as Australia, Sweden and Canada, do not have inheritance tax, but still charge capital gains tax on death, and those regimes have their own complexities. Complexity is inevitable because of the complexity of relationships and so on.

What we are considering today is in addition to the existing inheritance tax nil-rate band, which will remain at £325,000 until April 2021. That means that individuals will have an effective inheritance tax threshold of up to £500,000 by the end of this Parliament. In addition, a surviving spouse or civil partner will be able to claim up to £1 million.

From 6 April 2017, a surviving spouse or civil partner who dies will be able to benefit from the transferrable element of the new allowance even if their spouse or civil partner died several years ago. To ensure that the wealthiest make a fair contribution to the public finances through inheritance tax, the largest estates will not be able to benefit from this new allowance. They will have it gradually withdrawn by £1 for every £2 that the estate is worth over £2 million. We do not want to discourage downsizing, and I can confirm that legislation will be introduced in the Finance Bill of 2016 to ensure that those who downsized or ceased to own a home on or after 8 July 2015 are not penalised.

The Government have tabled six amendments to clause 9. Amendments 1 to 3 clarify that homes placed in some types of trust for the benefit of a surviving spouse during their lifetime, and where the home passes to a direct descendant on the spouse’s death, will benefit from the new main residence nil-rate band. Amendments 4 and 5 will ensure that the main residence nil-rate band will apply when an individual leaves their home to the current or surviving spouse or civil partner of anyone already defined as a direct descendant. Finally, amendment 6 is a minor change to the definition of a foster parent to include other similar terms, such as kinship carers in Scotland.

The Opposition’s amendment 7 would require the Chancellor of the Exchequer, three months after the passing of the Bill, to publish a report reviewing the impact of clause 9 on different regions of the UK and house prices. I recognise the importance of evaluating the impact of policy changes, but a formal report is not necessary in this case. HMRC already publishes annual statistics on the number of tax-paying estates and the amount of tax due in each region. I have also explained the steps taken to reduce any potential impact on house prices. The OBR has confirmed that it expects this measure to have only a small impact on the housing market. The Government will keep the impact of the policy under review in the normal way and at the appropriate time, but a report more than a year before it takes effect is not a sensible way forward.

The changes made by clause 9 will mean that around 93% of estates will be able to pass on all their assets without paying any inheritance tax. The number of estates facing an inheritance tax charge in 2020-21 will be almost halved in comparison with previous forecasts, and thousands more will pay less tax. This measure will also provide peace of mind to thousands of families who worry about the prospect of paying inheritance tax. Inheritance tax will, however, continue to make an important contribution to the public finances. The number of tax-paying estates will continue to be higher at the end of the decade than at any time between the introduction of inheritance tax in 1986 and 2014-15. Indeed, more estates will continue to make a contribution than at any time between 1979-80, when capital transfer tax was in operation, and the end of the last Parliament.

There are those who disagree with making it easier for hard-working individuals to pass on their family home to their children and grandchildren. They say that rewarding hard work and aspiration is not a priority, but they are out of touch with the British people. The Government listen to the British people and deliver on their promises.

Barbara Keeley Portrait Barbara Keeley
- Hansard - - - Excerpts

I am afraid I am not at all convinced, but perhaps that is no surprise. Clauses 9 and 10 bring into force the nil-rate band for inheritance tax, allowing parents to pass on a house to direct descendants, as defined by the Government’s amendments, worth up to £1 million free of inheritance tax. This legislation is extremely technical, running to more than 400 lines and representing six of the clauses we are considering today.

We have been clear that we believe that the focus of tax cuts should be on helping working people on middle and low incomes and on tackling tax avoidance. To answer the question from my hon. Friend the Member for Torfaen, the Treasury has admitted that 90% of households will not benefit from the Government’s inheritance tax policy, so we should be clear about the part of society we are talking about. The priority for the Government, we believe, should be helping the majority of families and first-time buyers struggling to get a home of their own. That is why Labour voted against the Government’s inheritance tax proposals in the July Budget debate.

The Treasury estimates that the changes to inheritance tax will cost the Exchequer £940 million by 2020-21—nearly £1 billion. We must think of priorities and the context of what we are talking about. This is a week when tax credits have been cut, so that two parents working full time on the minimum wage and raising two children will lose £2,200 from tax credits and be £660 worse off, even with the increase in the minimum wage that we talked about earlier.

I would like the Minister to clarify why exempting wealthy property owners from inheritance tax has been one of his Government’s policy priorities. That is the question that we keep coming back to. When this was proposed in the general election campaign, the IFS commented that

“The vast majority of estates (over 90%) are not liable to IHT at the moment and therefore would not benefit…With around 50,000 estates forecast to pay IHT over the next few years this gives an average (mean) gain per IHT paying estate of around £20,000. The maximum reduction in IHT on a couple’s estate is £140,000 which will go to married couples with estates worth between £1 million and £2 million. Since the children of those with very large estates are disproportionately towards the top of the income distribution the gains from this (and in fact any) IHT cut will also go disproportionately to those towards the top of the income distribution.”

The IFS has said:

“Inheritance tax is not very effective at achieving wealth redistribution. Were the threshold raised to £1 million it would also be much less effective in terms of raising money.”

We have to think about that.

David Gauke Portrait Mr Gauke
- Hansard - -

Given what the hon. Lady is saying, could she explain why Gordon Brown and Alistair Darling cut inheritance tax in 2007, when they introduced the nil-rate band?

Barbara Keeley Portrait Barbara Keeley
- Hansard - - - Excerpts

I was not in anything like my current role at the time; I am afraid that I cannot explain the thinking of the former Chancellor.

To bring us back to policy priorities, there is much to be said about the technical detail of this legislation. Inheritance tax is already a complex tax to navigate, and the Bill creates a new level of complexity. The tax faculty of the Institute of Chartered Accountants in England and Wales has set out 10 tenets for a better tax system, one of which states that

“the tax rules should…be simple, understandable and clear in their objectives.”

This tax has never been that. The institute says of the clause:

“The measure is excessively complex; it would be simpler to just increase the nil rate band to £500,000.”

Why has the Minister chosen to implement the policy in its current form? There seems to be a simpler way of administering the tax.

Chris Williams of the Chartered Institute of Taxation said:

“The proposals add further complexity to an already complex system. The government has recognised that the problem of downsizing”—

to which the Minister referred—

“must be addressed but proposes only to allow for downsizing that takes place on or after 8 July 2015. Other problem areas include the need to define a main residence consistently throughout the tax system, and to recognise the diverse patterns of the modern family when attempting to restrict the benefit to children and descendants.”

I will come on to that, because there is an important point about what a modern family consists of.

The Mirrlees review, led by the IFS and funded by the Nuffield Foundation and the Economic and Social Research Council, noted that inheritance tax was a

“somewhat half-hearted tax, with many loopholes and opportunities for avoidance through careful organization of affairs.”

That is well known. It went on to say:

“This leads to charges of unfairness and makes a principled defence of the current inheritance tax difficult.”

I grant it that the Minister tried. With such a generous increase in the nil-rate band and such low estimated returns to the Exchequer, the question now is whether we should start revising this to a quarter-hearted, rather than half-hearted, tax. Is this policy a priority at a time when families and first-time buyers are struggling to get a home of their own? The average house price outside London is just over £183,000. The current nil-rate band is £325,000. That would be enough to cover the average value and include a buffer. Why has the Chancellor decided to introduce that additional residence nil rate band?

--- Later in debate ---
David Gauke Portrait Mr Gauke
- Hansard - -

I am disappointed that the Opposition parties will not support this measure, but let me try to respond to some of the points raised. Rising house prices mean that inheritance tax is hitting more families than previously. More estates are paying it than at any time since the system was introduced, and the numbers were forecast to double. This measure will simply return the number of estates paying IHT to the levels of 2014-15, which, at the end of the decade, will still be more than in any year between 1997 and 2010—that is any year of the last Labour Governments, including 2007, when the then Labour Chancellor stood up and announced a significant reform to take more estates out of inheritance tax. Receipts in cash terms will continue to be higher under this Government than at any time since the introduction of IHT.

It is worth pointing out that the taper for estates worth more than £2 million ensures that the largest estates do not benefit. This measure is being paid for by increasing taxes on the wealthy elsewhere in the tax system—for example, changes to the rules relating to non-doms—and by reducing the generosity of pension tax relief for those with incomes over £150,000 in particular.

The question of lineal descendants was raised. The Government have sought to focus on the passing of homes to the next generation in the immediate family, which ensures that parents know that they can pass on the family home they worked hard for without the worry of inheritance tax. The extension of that to homes left to others would carry an additional cost to the Exchequer, which would need to be financed by raising other taxes or reducing public expenditure. We sought to strike the appropriate balance, with a policy that allows the family home to pass on to the next generation, but which is also affordable. In terms of the impact on downsizing and the housing market, the OBR agreed that there will be only a small effect.

The hon. Member for Worsley and Eccles South touched on the cap delay. The Government remain fully committed to introducing a cap on social care costs and helping people to cope with the potentially high costs of social care, but a time of consolidation is not the right moment to implement such expensive new commitments. The decision to delay implementation has not been taken lightly: it follows concerns about timing expressed by stakeholders across the sector, including the Local Government Association and the National Audit Office.

We listened to those concerns and, by delaying implementation of the funding reforms until 2020-21, we will allow local authorities time to focus on delivering the important reforms to care and support introduced on 1 April, laying the groundwork to implement the funding reforms as successfully as possible in 2020. We will also use that time to work with the financial sector to explore what more can be done to support people to plan and prepare for later life and the risk of needing social care. I regret that the measure does not have cross-party support, but I hope that the Committee as a whole will support it.

Amendment 1 agreed to.

Amendments made: 2, in clause 9, page 9, line 18, leave out

“under the disposition the property becomes”

and insert

“the property becomes, on D’s death,”

Amendment 3, in clause 9, page 9, line 20, at end insert—

‘(3B) Where, immediately before D’s death, the property was settled property in which D was beneficially entitled to in an interest in possession, B inherits the property if B becomes beneficially entitled to it on D’s death.”

Amendment 4, in clause 9, page 9, line 27, leave out “a person’s death,” and insert

“the death of a person (“D”),”

Amendment 5, in clause 9, page 9, line 29, leave out

“a lineal descendant of the person”

and insert “—

(a) a lineal descendant of D,

(b) a person who, at the time of D’s death, is the spouse or civil partner of a lineal descendant of D, or

(c) a person who—

(i) at the time of the death of a lineal descendant of D who died no later than D, was the spouse or civil partner of the lineal descendant, and

(ii) has not, in the period beginning with the lineal descendant’s death and ending with D’s death, become anyone’s spouse or civil partner.”

Amendment 6, in clause 9, page 10, line 44, after first “parent” insert “(however styled)”—(Mr Gauke.)

Barbara Keeley Portrait Barbara Keeley
- Hansard - - - Excerpts

On a point of order, Mr Howarth. I need to check something with you. Sir Roger said this morning that if we are not sure of our process, we should ask. I understand that if we vote on the amendment and the clauses now we will not return to them on Report, but we want to return to them on Report.

--- Later in debate ---
David Gauke Portrait Mr Gauke
- Hansard - -

Clause 10 supports the changes introduced by clause 9. It ensures there will be an effective inheritance tax threshold of up to £1 million for married couples and civil partners by the end of this Parliament. The nil-rate band of £325,000 for individuals and up to £650,000 for married couples and civil partners ensures that the majority of estates do not have any inheritance tax to pay at all. The nil-rate band was frozen throughout the last Parliament. For this Parliament, the Government have said that they would introduce an effective £1 million inheritance tax threshold, as we have just debated. Keeping the existing nil-rate band at £325,000 is consistent with that objective. The existing inheritance tax nil-rate band will remain at £325,000 until April 2021. It will then increase in line with the consumer prices index.

The changes made by clause 10, along with the changes made by clause 9, will ensure that around 93% of estates will be able to pass on all their assets without paying any inheritance tax. The clause will help provide peace of mind to thousands of families who worry about the prospect of paying inheritance tax in the future. I hope the clause will stand part of the Bill.

Question put and agreed to.

Clause 10 accordingly ordered to stand part of the Bill.

Clause 11

Circulation of rate of inheritance tax on settled property

Question proposed, That the clause stand part of the Bill.

None Portrait The Chair
- Hansard -

With this it will be convenient to discuss the following:

That schedule 1 be the First schedule to the Bill.

Clause 12 stand part.

Clause 13 stand part.

Clause 14 stand part.

David Gauke Portrait Mr Gauke
- Hansard - -

Clause 11 and schedule 1 make reforms to the inheritance tax treatment of relevant property trusts. With your permission, Mr Howarth, my remarks will also cover clauses 12 to 14, which rectify anomalies in some areas of the trust legislation to provide more certainty and clarity. The changes being made will tackle individuals avoiding inheritance tax through the use of multiple trusts. They will also simplify the calculation of inheritance tax on trusts by removing the need to include certain categories of assets. The Government are making the changes to ensure that there is fairness in the tax system and to reduce the administrative burden on trustees and practitioners.

Let me give some background to the changes. The current rules allow individuals to achieve a tax advantage by creating several trusts on different days. Those trusts are often set up with the intention that significant funds will be added to each at a later time, and all on the same day. Those trusts are not related for inheritance tax purposes if they are set up on different days, and where the funds are subsequently added to each trust on the same day, the additions are not related either. The result is that each trust is able to use a full nil-rate band, which creates an advantage with ongoing inheritance tax charges. For example, an individual might create three trusts on separate days, with £100 as the fund for each of the trusts. They could then leave legacies in their wills, so that a third of their estate passed into each of the three trusts. Each trust would be able to use a full nil-rate band, which means that up to £975,000 could be held between the three trusts, minimising any future inheritance tax charges that arise. While some may consider that a legitimate use of existing rules, many respondents to the Government’s consultation agreed that it is right that aggressive tax planning through the use of multiple trusts should be tackled.

We also believe that it is right to simplify the tax system where we can and reduce the burden on those tasked with administering it. The calculation of inheritance tax charges on trusts is dependent on a number of different factors and historical information, which results in complex calculations, but quite often the amount of tax due does not justify the time spent by trustees and practitioners. The changes made by the clause will remove the need for some of the historical information and reduce the complexity.

Certain anti-avoidance measures in the legislation are there to protect inheritance tax revenues, but we recognise that sometimes the provisions do not operate as they were intended. Clauses 12 to 14 correct those anomalies.

The changes made by clause 11 and schedule 1 ensure that where property is added to two or more relevant property trusts on the same day, the value of the property trust added to each trust and the initial value of relevant property settled in the trust will be aggregated and brought into account when calculating the rate of tax for the purpose of inheritance tax charges. Aggregating the value of property in trusts that are not related increases the capital value used to calculate the rate of tax. That removes the advantage that arises through the use of multiple nil-rate bands. Individuals will still be able to create as many trusts as they like, but the changes mean that there is effectively only one nil-rate band available every seven years, and we believe that this is fair.

The clause and the schedule also remove the requirement to include the historical value of excluded property in the calculation. That simplifies the trust charge calculations. The changes will apply to all charges arising on or after the date of Royal Assent. However, to prevent forestalling, they will also apply to relevant property trusts created before 10 December 2014, the date that draft legislation was published, where there are additions to more than one relevant property trust on the same day.

Clause 12 amends the inheritance tax legislation relating to claims for conditional exemption from inheritance tax for heritage properties. Currently, a claim must be made before the approaching 10-year anniversary charge. The clause amends that requirement, so that trustees can make a claim for exemption within two years of the 10-year anniversary charge arising. The change puts trustees dealing with a claim for exemption on the same footing as trustees and individuals subject to other inheritance charges. Again, that will be effective from the date of Royal Assent.

Clause 13 corrects an unintended effect of the changes made to inheritance tax legislation in 2006. For the benefit of hon. Members, the term “non-qualifying interest in possession” is used to describe a trust created after the 2006 inheritance tax changes, where a beneficiary has a present right to enjoy the income of the trust. An unintended effect of the 2006 inheritance tax changes allowed those types of trust to escape all inheritance tax charges because the assets held in trust were neither part of the beneficiary’s estate, nor were they comprised in a relevant property trust.

The clause, which will apply on the day after the date of Royal Assent, means that assets held in a non-qualifying interest in possession trust are treated as being comprised in a relevant property trust. As a result, those assets will be subject to inheritance tax charges. To prevent the change in the legislation from triggering an immediate creation of a relevant property trust, the commencement of the relevant property trust is aligned with the ending of the current interest in possession.

Clause 14 resolves an anomaly in the inheritance tax legislation. It ensures that in specific circumstances, the effect of a disposal of property, known as an appointment, can be read back into the will, and the spouse or civil partner exemption from inheritance tax can be given. That change will apply where a death occurs on or after 10 December 2014 and an appointment is made within three months of the date of death, from property settled by will and in favour of the deceased’s surviving spouse or civil partner.

In conclusion, these provisions ensure that it will no longer be possible for individuals to create multiple trusts and use multiple nil-rate bands in order to avoid inheritance tax. They ensure fairness in the tax system and protect inheritance tax revenues from those who seek to exploit the rules in order to gain an advantage. Furthermore, the amendments simplify the trust calculations, and provide greater certainty for trustees and practitioners as a result of the removal of certain anomalies in the legislation.

Barbara Keeley Portrait Barbara Keeley
- Hansard - - - Excerpts

As I said earlier, we will return to inheritance tax on Report if we can. Clauses 11 to 14 address tax avoidance measures that have previously been allowed in the inheritance tax system and a number of anomalies that have created unintended consequences and loopholes in the inheritance tax regime.

The clauses illustrate the complexity of inheritance tax legislation. That complexity is compounded by the need to continually update and rectify the regime with additional legislation, making the legislation even more difficult to understand and apply. Although we welcome the moves in the Bill that seek to close loopholes, this raises a bigger question about the efficacy of inheritance tax legislation. In the light of that, will the Minister say whether the Government have any further plans to adopt a programme of reform to simplify this tax and make it easier to navigate?

We welcome the fact that clauses 11 to 14 address areas of the legislation that give an unfair advantage to some beneficiaries over others, because that will help to ensure that inheritance tax is applied in a fair manner. Previously, it has been relatively easy for people to avoid paying the correct amount of inheritance tax by placing property into a number of trusts or by increasing the value of property in a trust immediately after an initial amount of property was settled. The clauses and schedule aggregate the value of property in trusts that are not related, for the purpose of determining the rate at which inheritance tax is charged, when the value of property in those trusts is increased on the same day. The schedule also simplifies some of the rules for calculating the rate of tax for the purposes of the 10-year anniversary and exit charges.

The provisions are welcome as measures to prevent avoidance techniques through the use of multiple trusts settled on the same day. We also welcome the adoption of a system that aggregates property over multiple trusts, rather than splitting the nil rate band to take into account multiple trusts. That would have been an extremely complex system to administer, and aggregating property held in multiple trusts is a much simpler way to resolve the problem. The simplification of rules on exit charges and the 10-year anniversary charge is welcome, but I would like to know whether the Minister is considering any further changes.

We have had a good debate on inheritance tax today, but wider issues with it remain. In particular, it is still extremely complex. Although the Government have introduced many of the measures outlined in previous consultations to make inheritance tax policy more cohesive —for example, multiple trusts, the 10-year anniversary charge declarations, interest in possession and the implementation of an IT strategy to transfer inheritance tax administration online—the tax still lacks simplicity. Each of those issues has added another set of complexities to inheritance tax.

In 2010, the Office of Tax Simplification’s report identified 89 inheritance tax reliefs. It noted the need for a top-down review of inheritance tax in 2011, stating:

“We consider that a more appropriate approach to the inheritance tax reliefs is to consider the scope and operation of inheritance tax with reference to the original and desired policy rationale, and thus to consider individual reliefs in context. In addition, any review of inheritance tax needs to include a review of the taxation of trusts, which are often used to pass family assets between generations.”

Does the Minister have any further plans to enact new measures to simplify the rules and administration of inheritance tax?

At the heart of the clauses, an issue of tax avoidance is addressed. We should encourage planning for the future. Planning what happens to their finances after their death is something that most people should consider. For some people, that has been entwined with navigating the inheritance tax rules to minimise their contribution. People should pay no more and no less than their fair share. Will the Minister provide any details on the measures the Government are taking to ensure that everyone who is eligible pays their share of inheritance tax?

The Minister has taken us through the clauses and how they operate. The correction of the anomaly in clause 12 means that trustees will now have clear guidance about the timeline to submit an application for exemptions. That should make it easier for Her Majesty’s Revenue and Customs to administer the exemption.

Clause 13 corrects an anomaly whereby types of interest in possession escaped all inheritance tax charges because the property was neither part of the beneficiary’s estate nor included within a relevant property trust. That was an unintended effect of the 2006 legislation. Labour welcomes corrections of that type. We welcome the change, which will ensure that an interest in possession in settled property is treated the same, regardless of the date at which the settlement was created.

Clause 14 provides that where property is left in trust in which no interest in possession subsists and an appointment of that property is made within three months of the date of death, the appointment can be read back into the will. I do not think any of us is an expert in this, but I understand that that corrects an anomaly known as the Frankland trap. Labour welcomes the removal of the anomaly, as the tax will now be applied fairly. It will protect families who could unfairly suffer if they were unaware of the trap.

In view of what we said earlier about our overall views on inheritance tax and clauses 9 and 10, we think that it is right that the tax is applied in the fairest way possible and that anomalies are removed.

David Gauke Portrait Mr Gauke
- Hansard - -

I thank the hon. Lady for her remarks. Many people would agree that we should take action where there is aggressive tax planning. The changes will ensure that there is no longer an advantage in creating multiple trusts. It is right that we take action. At the same time, existing trusts will benefit from the simplification aspects, such as the removal of the need to include non-relevant property in the calculation.

The main point made by the hon. Lady relates to a programme of reform to simplify IHT legislation. We will of course continue to simplify the tax system wherever possible. I should use the traditional response of a Treasury Minister in these circumstances, which is to say that all taxes are kept under review, and we will continue to look at inheritance tax. More generally, it is worth pointing out that we have established the Office of Tax Simplification. We are putting it on a statutory footing and strengthening its role and capacity. It has already achieved a great deal in the period it has existed, and I hope that will continue to be the case over the next few years. I am grateful for the support for the clauses.

Question put and agreed to.

Clause 11 accordingly ordered to stand part of the Bill.

Schedule 1 agreed to.

Clauses 12, 13 and 14 ordered to stand part of the Bill.

Clause 15

Inheritance tax: interest

Question proposed, That the clause stand part of the Bill.

David Gauke Portrait Mr Gauke
- Hansard - -

Clause 15 makes minor changes to the rules for interest when inheritance tax is paid by instalments that will ensure that the interest is calculated correctly when the new inheritance tax online service becomes available.

The Government announced in the 2013 autumn statement that HMRC will provide a new online service for people to submit inheritance tax returns and settle the affairs of those who have died. The introduction of the new service requires various legislative changes to facilitate the new online processes, including aligning the treatment of interest for inheritance tax with that for other taxes. Rules that apply standard rates of interest across all taxes should also apply to inheritance tax. The new online service now provides the opportunity to make the necessary IT changes to apply the rules. To ensure that the standardised interest rules apply correctly, some minor changes are required to make consequential amendments to related provisions and to correct an error in the rules.

It might be helpful if I explain briefly to the Committee why the changes are being made. There are specific rules for charging interest when inheritance tax is paid by instalments and the estate includes shares in certain companies or financial institutions that deal in shares and securities on the stock exchange, which are known as market makers. The current inheritance tax rules were amended in regulations in 2012 to reflect a change in the definition of a market maker, using a power in the Finance Act 1986. The equivalent standardised interest rules also need to be amended in a similar way, but the power in the 1986 Act may be used only to amend the current inheritance tax interest rules, not the standardised ones. Clause 15 amends the relevant provisions in the 1986 Act to extend the power to the standardised rules to enable the definition of a market maker to be updated. That will enable the standardised interest rules to apply correctly to payments of tax instalments on shares in such companies and financial institutions.

The interest rules also need to be amended so that the period from which interest is charged is six months from the end of the month in which the death occurs. The changes made by the clause will come into effect on a date specified in regulations, which will be at the same time as the new online service for taxpaying estates becomes available, currently expected to be in April 2016. The changes are expected to affect only a very small number of estates that include shares in companies that are market makers and where the tax due is paid by instalments. The impacts on the Exchequer and on individuals and businesses are therefore expected to be negligible.

The changes are small but necessary. Clause 15 will enable the new interest rules for instalment payments to be applied correctly and consistently when the new inheritance tax online service becomes available for taxpaying estates. I commend the clause to the Committee.

Barbara Keeley Portrait Barbara Keeley
- Hansard - - - Excerpts

Labour welcomes any move to make the payment of tax simpler and more efficient. Many people already benefit from paying certain taxes online—I must say I am not one of them; I find it quite difficult, despite my IT background—and clause 15 will allow inheritance tax to follow that road map. In particular, relevant provisions relating to the late payment of interest will be updated and applied consistently when the new online service becomes available.

The only question remaining is when the new online service becomes available. The Government have reported that the service will become available. I wonder whether the Minister’s officials can get a note to him fast enough for him to answer. Can the Minister provide an update on the service’s progress or, indeed, tell us when he expects the service to be functioning? He has not answered many of my questions today—he has brushed his way past an awful lot of the questions he has been asked—so perhaps he can answer this last one if he has the answer in his notes.

David Gauke Portrait Mr Gauke
- Hansard - -

As it so happens, let me say the following. The IHT online service will be implemented in phases, with increased functionality at each stage. Selected customers who have no inheritance tax to pay and are applying for probate in England and Wales will be invited to test the new online service during this month and next. It will become available to the public in November, and later phases will extend it to taxpaying customers, as well as agents and people in Scotland and Northern Ireland. Details of the timing of future releases will be given in due course.

I hope that, finally, at the end of a long day, I have been able to satisfy the hon. Member for Worsley and Eccles South with respect to one of her questions. I know that this is the end of her contribution to the Finance Bill Committee this year, so I thank her for her questions and constructive engagement. [Hon. Members: “Hear, hear.”] I also commend her for managing to brush past the various quotations from her leader and shadow Chancellor that were thrown at her, which she was happily able to ignore.

Question put and agreed to.

Clause 15 accordingly ordered to stand part of the Bill.

Ordered, That further consideration be now adjourned. —(Mel Stride.)

Finance Bill (First sitting)

David Gauke Excerpts
Thursday 17th September 2015

(8 years, 8 months ago)

Public Bill Committees
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
None Portrait The Chair
- Hansard -

Good morning, ladies and gentlemen. Before we begin, I have a few preliminary announcements. While I am in the Chair, Members may, if they wish, remove their jackets. I imagine that Mr Howarth will extend the same courtesy, but that is for him to say, not for me. No refreshments other than water may be consumed in Committee meetings, so if Members are in need of coffee or anything like that, they will have to go outside. Please could all Members ensure that mobile phones, pagers and the like are switched off or on silent? It is infuriating both to the Chair and to other Members to have people constantly ringing. It would be appreciated if Members could use electronic devices for parliamentary purposes, not for doing sudoku or whatever.

The pile of boxes behind me is provided for Members to keep their papers in. During the process of the Bill, there will be an accumulation of papers—that I can promise you—and if you wish to leave them in the room, they will be locked in the cupboard behind me. So it is possible to leave papers here, obviously other than those that arrive in your personal boxes and post during the week, and collect them before the start of each sitting. During the lunch break, the room will be locked. Mr Howarth will take the Chair at 2 o’clock, but, in the interim, if you wish to leave papers or indeed anything else within reason on the desk—I would not advise you to leave very valuable things—they can be left safely in the room. The room will be locked between 1 pm and 2 pm, so do not feel that you have got to take everything with you.

As a rule, Mr Howarth and I do not intend to call starred amendments, which have not been tabled with adequate notice. The required notice in Public Bill Committees is three working days, so amendments need to be tabled by the rise of the House on Monday for consideration on Thursday and by the rise of the House on Thursday for consideration on the following Tuesday.

Not everyone is familiar with the Public Bill Committee, so we will have a very brief teaching—this is also for the benefit of long-standing Members and, indeed, the Chairman. I think I am right in saying that I am now the longest-serving member of the Panel of Chairs and even I find these processes confusing sometimes. The first rule is: if you are in any doubt, ask. Please do not feel that we sitting in this Chair are so fierce that you cannot stand up and say, “Please, I don’t understand that.” We may or may not be able to explain, but if we cannot, Mr Hamlyn, our superb Clerk, will be able to.

The process is this: we first consider the programme motion on the amendment paper and the debate on that is limited to half an hour. For those of you who are not aware, that is the motion that was agreed at a pre-hearing with a small group of the Committee under the chairmanship of Mr Howarth. The agreement was reached on both sides Committee by consent. That does not mean that you cannot talk about it, but you cannot do so for more than half an hour.

We then proceed to a motion to report any written evidence. That is because, in the course of the sittings of the Bill, written evidence will be received and we need the Committee’s consent to ensure that that is made available formally and becomes part of the record for the Committee. We then begin the line-by-line consideration of the Bill.

The selection list for today’s sitting, which is available and I hope all Members now have a copy, shows how the amendments selected for debate have been grouped together for debate. Amendments are normally grouped on the same issue or similar or related issues. Ladies and gentlemen, I would be grateful if you would pay particular attention to this, because this is the article of the most confusion and it is important that everyone understands the process.

You will find a group of amendments. Clause 1, which will be the first piece of the Bill debated, is debated as a clause. The motion will be that clause 1 stand part of the Bill, and that will be a broad-ranging debate, because there are no amendments tabled to clause 1.

Clause 2, in similar fashion, will be a general stand part debate, but in addition we are debating new clauses 1 and 3. The first point of confusion is that whether or not a Member, on either the Government or Opposition side, wishes to put those provisions to a Division, it will not happen then because Divisions take place in order throughout the course of the Bill. While new clauses 1 and 3 will be debated with clause 2, if they are voted on at all it will not be until much later in the proceedings, when we get to them on the amendment paper. That applies to any other amendments.

If a Member—often an Opposition Member—seeks to table and then move an amendment, it may become the lead amendment in a group. It will be grouped with amendments of a similar nature or subject matter. Only the lead amendment will be moved at that time. People have a tendency to stand up and say, “I wish to move this,” but they cannot. You must wait until we have reached it on the amendment paper, which may be the middle of next week or next month, depending upon how long the sittings take.

If you are in any doubt, please ask. Because there are a significant number of new Members on the Committee, Mr Howarth and I will endeavour to be as generous within the terms of proper procedure as we can, but once the tipping point is reached and the business moves on, it is not permissible to go back, so you need to keep your wits about you. It is normally assumed that Government amendments will become part of the Bill and that the Government will therefore always wish to move them. That is accepted by the Chair and understood by both Front Benches.

That’s it. Let me repeat: if you have any problems, misunderstandings or difficulties, please ask. If there is something you really do not understand but do not feel inclined to stand up and ask about, nobble the Chair after the sitting, and we will be pleased to do our best to explain it to you. The object of the exercise is not to confuse but to assist. Like the Inland Revenue, we are here to help you.

David Gauke Portrait The Financial Secretary to the Treasury (Mr David Gauke)
- Hansard - -

I beg to move,

That—

(1) the Committee shall (in addition to its first meeting at 11.30 am on Thursday 17 September) meet—

(a) at 2.00 pm on Thursday 17 September;

(b) at 9.25 am and 2.00 pm on Tuesday 13 October;

(c) at 11.30 am and 2.00 pm on Thursday 15 October;

(d) at 9.25 am and 2.00 pm on Tuesday 20 October;

(2) the proceedings shall be taken in the following order: Clauses 1 to 11; Schedule 1; Clauses 12 to 15; Clauses 18 to 23; Schedule 4; Clauses 24 and 25; Schedule 5; Clause 26; Schedule 6; Clauses 27 to 31; Clause 33; Schedule 7; Clause 32; Clauses 34 to 42; Clause 44; Clauses 46 and 47; Schedule 8; Clauses 48 to 50; new Clauses other than those relating to the subject matter of Clauses 16 and 17 and Schedules 2 and 3 or the subject matter of Clause 43 or the subject matter of Clause 45; new Schedules other than those relating to the subject matter of Clauses 16 and 17 and Schedules 2 and 3 or the subject matter of Clause 43 or the subject matter of Clause 45; remaining proceedings on the Bill.

(3) the proceedings shall (so far as not previously concluded) be brought to a conclusion at 5.00 pm on Tuesday 20 October.

It is a very great pleasure to see you in the Chair, Sir Roger. This is not the first time I have had the pleasure of serving under you in a Finance Bill Committee, and I know the Committee is in safe hands with both you and Mr Howarth.

I welcome all members of the Committee, and I am delighted we have such a large turnout for the beginning of our proceedings. I particularly welcome the Opposition Front-Bench team: the hon. Members for Feltham and Heston and for Worsley and Eccles South. I look forward to hearing their questions and inquiries. I do not know whether the Scottish National Party has the same Front-Bench arrangement, but I welcome all members of Opposition parties and, indeed, my own colleagues, in particular my hon. Friend the Economic Secretary to the Treasury, who will be sharing some of the burden over the weeks ahead.

I am pleased that agreement was reached at the Programming Sub-Committee, and I am grateful for the support of the usual channels. I thank my hon. Friend the Member for Central Devon and the hon. Member for Scunthorpe for their work in reaching that agreement. I very much looking forward to serving under your chairmanship in the weeks ahead, Sir Roger.

Seema Malhotra Portrait Seema Malhotra (Feltham and Heston) (Lab/Co-op)
- Hansard - - - Excerpts

I thank the Financial Secretary for his opening words and his welcome, which I echo. I thank you, Sir Roger, and your co-Chair Mr Howarth, who I understand will be in the Chair this afternoon. It is a pleasure to serve under two distinguished Chairmen. Although I had the pleasure of serving on a previous Finance Bill Committee as a Back Bencher, this is the first time I have served on one as a Front Bencher. I was recently appointed shadow Chief Secretary to the Treasury.

I thank and pay tribute to my predecessor, my hon. Friend the Member for Birmingham, Ladywood (Shabana Mahmood), and the other outgoing shadow Treasury Ministers, my hon. Friends the Members for Wirral South (Alison McGovern) and for Newcastle upon Tyne North (Catherine McKinnell). I also pay tribute to the previous shadow Chancellor of the Exchequer, my hon. Friend the Member for Nottingham East (Chris Leslie), who is a veteran of Finance Bills and has led much of our work this year. I also pay enormous tribute to my hon. Friend the Member for Worsley and Eccles South before she leaves the Treasury team, and in advance of her excellent contributions today, for her stellar work.

I extend my thanks to the hon. Member for Central Devon and my hon. Friend the Member for Scunthorpe. I have had experience of their office, so I know that the usual channels work behind the scenes to ensure everything goes well during Bill proceedings.

I welcome those who are relatively new to the House. If this is their first Finance Bill Committee, I am sure it will be an experience they will remember. It will be a good foundation for much more that they do in the House.

I know from past experience that we have many hours in Committee ahead. I am sure I speak for all here when I say that we relish the opportunity to get further into this legislation and to change it for the better. I also know that the Financial Secretary will relish the opportunity to serve on his 11th Finance Bill Committee—or is it the 12th?

David Gauke Portrait Mr Gauke
- Hansard - -

Something like that.

Seema Malhotra Portrait Seema Malhotra
- Hansard - - - Excerpts

He is certainly a veteran. If there is a record for the Minister who has steered the most Finance Bills through Parliament, if he has not won it already, I am sure he is well on his way.

When I mentioned to a colleague that the Bill has only 50 clauses, they expressed concern that the Government are already running out of business, as they were in the months running up to the election. I recall that when I served on the Finance Bill Committee in 2012, that Bill had three volumes and 227 clauses. Indeed, last year’s Finance Bill had 295 clauses. This year, the Finance Bill has 50 clauses, and we are scheduled to have only eight sittings.

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None Portrait The Chair
- Hansard -

Before I put the question, those who are long in the tooth in the House and those who are not have learned a lesson: most of the remarks just made were technically out of order—[Laughter.] However, within the half-hour available for this particular piece of the process, a Chairman is normally reasonably flexible.

I should have mentioned a couple of other things. I was asked by the Opposition Front Bench team what the form of address is. I am Sir Roger—for reasons I do not entirely understand—and George Howarth is Mr Howarth at the moment, although I am sure that will change in due course. In the English Parliament, in Committee as on the Floor of House, we refer to Members by constituency or by “my hon. Friend” or “the hon. Lady” or “the hon. Gentleman”, not by “you” or whatever. “You” is the Chair, and the Chair is non-partisan and does not take part in the proceedings. So if you say, “You have said that,” I shall leap to my feet and say, “No, I haven’t,” even though we all know what was meant. We will try not to be too heavy on that at the start, however.

Question put and agreed to.

Resolved,

That, subject to the discretion of the Chair, any written evidence received by the Committee shall be reported to the House for publication.—(Mr Gauke.)

Clause 1

Income tax lock

Question proposed, That the clause stand part of the Bill.

David Gauke Portrait Mr Gauke
- Hansard - -

The clause makes changes to ensure that there will be no increase in the main rates of income tax for the duration of the Parliament. That will provide certainty for taxpayers and enable working people to keep more of the income they earn.

The Government committed to legislate to rule out increases in income tax rates, national insurance contributions and VAT for the duration of the Parliament. Clause 1 delivers that commitment for income tax and clause 2 deals with VAT. The national insurance contributions element of the tax lock is being legislated for in a separate Bill, because it is outside the scope of this Bill.

Nick Thomas-Symonds Portrait Nick Thomas-Symonds (Torfaen) (Lab)
- Hansard - - - Excerpts

It is a pleasure to serve under your chairmanship, Sir Roger. On the passing of the Fiscal Responsibility Act 2010, which, like the clause, had declaratory effect, the then shadow Chancellor, who is now the Chancellor of the Exchequer, said that it was “vacuous and irrelevant”. Is the Minister as surprised as I am about the Chancellor’s U-turn on declaratory legislation?

David Gauke Portrait Mr Gauke
- Hansard - -

I would draw a distinction between a Government who had no reputation for fiscal responsibility seeking to obtain such a reputation by passing such legislation and a Government who have a record of controlling income tax by increasing the personal allowance and not increasing rates, notwithstanding the challenges we face in the public finances. The clause underlines the Government’s commitment not to increase taxes, and income tax in particular, on the British people, because that is the wrong response. That is consistent with what we have done in office. The problem the last Labour Government had was that, in response to the fiscal crisis, rather than coming forward with clear proposals to reduce the deficit or even to accept a need to get to grips with that deficit, they simply sought to pass legislation. That was the wrong response then, whereas this is the right response now.

Nic Dakin Portrait Nic Dakin (Scunthorpe) (Lab)
- Hansard - - - Excerpts

It is a pleasure, as always, to serve under your chairmanship, Sir Roger. The logic of the Minister’s argument does not really stack up. If the country has confidence about the Government’s fiscal responsibility, there is no need to pass legislation. I am totally confused by his argument.

David Gauke Portrait Mr Gauke
- Hansard - -

We fought the last general election saying that we would introduce this legislation. We won that general election, which suggests that the British people had confidence in the overall package of our fiscal policies. If Labour Members are worried about fiscal confidence, perhaps they should look somewhat closer to home.

Mark Garnier Portrait Mark Garnier (Wyre Forest) (Con)
- Hansard - - - Excerpts

Does my hon. Friend agree that one thing any Government should be able to do is give some sort of confidence to households that their tax rates will not go up, providing them with the opportunity to plan for the future with more security than they would have if this measure were not in place?

David Gauke Portrait Mr Gauke
- Hansard - -

My hon. Friend makes an important point. A striking point made by a number of my hon. Friends on Second Reading of the National Insurance Contributions (Rate Ceilings) Bill earlier this week was that the introduction of the tax lock in the context of employers’ national insurance contributions gives employers much greater confidence. Providing economic stability and security is an important part of the Government’s long-term economic plan. A credible party needs to present to the British people how it will provide economic security and stability. That is what this Government are doing. I look forward to the day when there is cross-party consensus that economic security and stability are important to this country.

George Kerevan Portrait George Kerevan (East Lothian) (SNP)
- Hansard - - - Excerpts

Sir Roger, not having served under your chairmanship before, I look forward to doing so. I accept the Minister’s point that he is trying to produce certainty through the clause, but it is surely the case that he is merely displacing the uncertainty. If projected tax receipts fail and the Bill is on the statute book, the Government will have to either cut public expenditure, which will impact on the economy and affect the confidence of suppliers, or raise borrowing, which again will have an impact on confidence in the economy because interest rates will have to go up. In no way can we ever introduce certainty; all we can do is put the uncertainty somewhere else, so the Minister’s argument fails.

David Gauke Portrait Mr Gauke
- Hansard - -

I was making the point that it is important we provide certainty on taxes. At the last general election, the Labour party—I am not sure this was the case for the SNP—certainly said that it would not increase income tax, VAT and national insurance contribution rates. In that sense, there was a cross-party consensus—at least there was at the last general election; I appreciate things may have moved on since then—on not increasing those rates. We are underlining our pledge by legislating for it, which further strengthens our commitment. In the context of a Government who have a record of ensuring that income taxes do not increase, even when we face the most difficult circumstances, that pledge and this legislation have credibility.

The changes made by clause 1 will set out that the basic, higher and additional rates of income tax will not rise above their current levels of 20%, 40% and 45% respectively for the duration of this Parliament. The tax lock will apply to the main rates of income tax for earnings and savings. That accounts for more than 90% of income tax revenue collected, and that is what we want to lock, enabling working people to keep more of what they earn.

The tax lock does not prejudice the Government’s commitments on tax devolution. From April 2016, Scotland will have the power to vary the rate of income tax for earnings, and we are devolving further unprecedented flexibilities over income tax to Scotland through the Scotland Bill, which will give the Scottish Parliament the power to set the rates and thresholds applying to earnings income. The Government are committed to delivering that in full, giving Scotland full flexibility over income tax rates and thresholds on earnings income. The tax lock will therefore not restrict Scotland from setting higher rates of income tax, nor Wales when it has the Welsh rate of income tax.

Clause 1 delivers the Government’s commitment to rule out increases in the main rates of income tax for the duration of this Parliament, ensuring that working people can keep more of the money they earn.

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David Gauke Portrait Mr Gauke
- Hansard - -

I shall briefly respond to the hon. Lady’s speech. Let me be clear that if one looks at the measures set out by the Chancellor of the Exchequer in his Budget speech this summer, one will see that we are ensuring that working families will benefit from a strong and growing economy. By 2017-18, eight out of 10 working households will be better off as a result of the changes we are making to the personal allowance, the introduction of the national living wage and the welfare changes set out in the Budget.

The concern has been raised that the clause is somehow just presentational, but I return to the point I was making earlier about underlining our commitment. It is consistent with the approach we have taken to the tax system, and I think families up and down the country will welcome that. In particular, in the current context, with the official Opposition apparently moving in the direction of wanting to increase taxes, the fact that Parliament is making it clear what the current majority feels can only be helpful.

Barbara Keeley Portrait Barbara Keeley
- Hansard - - - Excerpts

As I have said already in this debate and the other day in the Committee of the whole House, this is a tax-raising Budget and the Government are raising taxes. I touched on some of those taxes and we have talked about the insurance premium tax. This is a tax-raising Budget and a tax-raising set of measures.

David Gauke Portrait Mr Gauke
- Hansard - -

The Government are committed to creating a low-tax economy and the clause marks clear progress towards that. We must remember that the Government inherited the biggest deficit in our peacetime history. We heard criticism from the hon. Member for Cambridge, who said it should—[Interruption.] If the Scottish National party’s position is that the deficit should be larger, I strongly disagree. The deficit fell significantly over the course of the previous Parliament, but there is still further work to do. In that context, we must make some difficult decisions.

Public spending is taking the greater share of the strain when it comes to fiscal consolidation, and we believe that is the right approach. I do not know whether the Opposition parties share that belief, but I very much doubt it. The clause demonstrates our commitment on income tax, just as in the next clause demonstrates it on VAT—to ensure that over the course of this Parliament we do not increase those tax rates. I think the British public will welcome those measures—after all, they were set out before the last general election. I hope that the clause has the Committee’s support.

Question put and agreed to.

Clause 1 accordingly ordered to stand part of the Bill.

Clause 2

VAT lock

Question proposed, That the clause stand part of the Bill.

None Portrait The Chair
- Hansard -

With this it will be convenient to discuss the following:

New clause 1—VAT treatment of the Scottish Police Authority and the Scottish Fire and Rescue Service

‘(1) The Treasury shall, within six months of the passing of this Act, publish and lay before the House of Commons a report on the VAT treatment of the Scottish Police Authority and the Scottish Fire and Rescue Service.

(2) The report must include (but need not be limited to) an analysis of the impact on the financial position of Police Scotland and by the Scottish Fire and Rescue Service arising from their VAT treatment and an estimate of the change to their financial position were they eligible for a refund of VAT under section 33 of the VAT Act 1994.’

New clause 3—VAT on sanitary protection products—

‘(1) The Treasury must, within 12 months of the passing of this Act, lay before the House of Commons a report setting out the impact of exempting women’s sanitary protection products from value added tax.

(2) The report must include (but need not be limited to)—

(a) an estimate of the impact on VAT revenue of exempting women’s sanitary protection products; and

(b) an assessment of the impact on the purchase of women’s sanitary protection products of exempting them from VAT, with particular reference to purchasing by women aged under 25.’

David Gauke Portrait Mr Gauke
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I will say a word or two about the clause and then, if I may, I will respond to the new clauses that I assume will be set out by the hon. Member for Kirkcaldy and Cowdenbeath. The clause states that the standard and reduced rates of VAT will not rise for the duration of the Parliament. It also locks certain provisions in the Value Added Tax Act 1994 to prevent them from being used to change the scope of VAT by moving any goods or services out of the zero rate or reduced rate for the duration of the Parliament.

The Government believe in lower taxes and are committed to eliminating the deficit in a way that is fair to taxpayers. As part of our plan to move the UK to a lower tax economy, we made a manifesto commitment to rule out any increase in the main rates of income tax, national insurance contributions and VAT for the duration of this Parliament, as I have mentioned. Clause 2, following on from clause 1 on income tax, implements that commitment for VAT. This initiative will provide certainty to taxpayers and ensure that working people will not have to pay any additional VAT on their purchases for the duration of this Parliament.

Let me set out the changes made by the clause in a little more detail. Currently, the standard rate of VAT is 20% and the reduced rate is 5%. Clause 2 states that the standard and reduced rates of VAT will not rise, locking the rates for the duration of this Parliament. As the zero rate clearly cannot be more than 0%, it is not covered by the legislation. Supplies that are subject to the reduced rate, such as domestic fuel and power, are listed in schedule 7A, and those that are zero-rated, such as books, children’s clothes and most food, are listed in schedule 8. The supplies listed can be varied by means of a Treasury order. However, the legislation will prevent the use of Treasury orders to expand the scope of VAT by removing supplies from the zero and reduced rates.

While the 20% standard rate of VAT is among the lowest in the EU, the UK also has the lowest reduced rate of VAT permitted by EU law and is one of only eight EU member states to have successfully negotiated to apply a zero rate of VAT. The Government will not increase the reduced or standard rates of VAT and will retain the zero rate of VAT, in keeping with our commitment to creating a higher wage, lower tax and lower welfare country.

In summary, clause 2 provides the strongest possible backing for the Government’s commitment not to increase VAT for the duration of this Parliament. It delivers on our manifesto promise and is consistent with our policy to deliver a lower tax economy for hard-working taxpayers.

Barbara Keeley Portrait Barbara Keeley
- Hansard - - - Excerpts

Many of the points I raised about clause 1 on the principles of tax locks also apply to clause 2, which states that the standard and reduced rates of VAT will not rise for the duration of the VAT lock period. It also ensures that no goods and services can be removed from the zero and reduced rates of VAT for the duration of the VAT lock period.

The Labour party made a commitment not to raise VAT back in March and in our 2015 manifesto. Indeed, the Government’s tax lock was announced in response to our challenge about not repeating their broken promises on VAT. We are pleased the Government have agreed that VAT rates should not go up, because that will benefit people on lower and middle incomes. This legislation is perhaps a little more needed, given the Conservatives’ record on VAT. The Prime Minister made a similar commitment in 2010 not to raise VAT, only to raise it to 20% immediately after entering Downing Street. However, as with the income tax lock, we are concerned that there is nothing to prevent the Government from changing the VAT lock in future legislation.

How will the VAT lock stand up in the face of European Union intervention? The UK is subject to EU VAT law and European Court of Justice decisions on VAT will have an impact on VAT here. On 4 June this year, the European Court of Justice judged that the UK had failed to comply with the VAT directive by applying a reduced rate of VAT to the supply and installation of energy saving materials for housing, which the Court ruled will have to be charged at the standard UK VAT rate of 20%. Another recent example of EU involvement is the 2015 Court decision in the “Go Fair” case, in which the Court found that VAT should be chargeable on the supply of care workers provided by a temporary agency. Currently, UK agencies supplying nursing staff can benefit from a VAT exemption. Will the Minister indicate whether that will change as a result of the European ruling?

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None Portrait The Chair
- Hansard -

Before I call the Minister, I need to make it plain that the recommendations of the Procedure Committee have not yet been adopted and, until they are, there has to be an Adjournment of the sitting rather than a suspension. It is what is known in the trade as madness, but that is nevertheless what is needed. I do not have the power to suspend the sitting at 1 o’clock as would normally be the case to allow hon. Members on both sides of the Committee time to review papers and emails and to have some lunch. Therefore, I gently caution the Committee: if the Minister wishes to go past 1 o’clock, he is entirely entitled to do so—he may have some cross friends on both sides of the Committee—and the Whip has to have the opportunity to move the Adjournment before we can end the sitting.

David Gauke Portrait Mr Gauke
- Hansard - -

It is not the cross friends on either side that I am worried about, but the cross friend chairing the Committee.

None Portrait The Chair
- Hansard -

The Chair is always at your disposal.

David Gauke Portrait Mr Gauke
- Hansard - -

Let me say that I share your ambition for the timing of the Adjournment, Sir Roger.

I have addressed some of the points about the tax lock already. As for the application of EU law and ECJ judgments, which by the hon. Member for Worsley and Eccles South rightly raised, let me be clear: EU VAT law and Court decisions will have to apply to the UK, too. Legislation will have to be changed to reflect any changes or Court decisions, otherwise the UK would be breaking the law. I do not wish to evade that point in any way. None the less, that does not undermine the basis of the VAT tax lock, because the great bulk of VAT issues on rates and the boundaries between the zero rate, reduced rates and standard rate are unlikely to change. However, I acknowledge that point. VAT exemptions are set out in EU law and cannot be changed by the UK unilaterally. We are therefore not binding our hands on the exemptions because they are not determined by the UK alone. I hope that provides a little clarity.

Barbara Keeley Portrait Barbara Keeley
- Hansard - - - Excerpts

Before the Minister moves on, I want to clarify once more why Opposition Members believe that the tax lock is a gimmick. If things go really wrong, it will have to change and, having bound their hands, if the Government have to increase VAT or income tax, that will really destroy public confidence out there. That is the problem.

David Gauke Portrait Mr Gauke
- Hansard - -

Let me respond to that quickly. I come back to the intervention made by my hon. Friend the Member for Croydon South. We did not hear those arguments from the hon. Lady or her colleagues when we were legislating for the 0.7% expenditure on overseas aid; these points were made in the context of the tax lock. One cannot help feeling that when the Opposition’s heart is really in the legislation, they think it is the right thing to do, and when their heart is not in it, they call it a gimmick. Very similar arguments apply to both items of legislation.

New clause 1 would require the Treasury to write a report on the VAT treatment of Police Scotland and the Scottish Fire and Rescue Service, including analysis of the change in their financial position since 2012 as a consequence of their ineligibility for section 33 VAT refunds. As we heard, in 2012 Scotland’s eight locally governed police and fire authorities consolidated to become two national bodies. As a result, they were no longer reliant on local taxation for funding, which is one of the two criteria for eligibility for the section 33 VAT refund scheme. Following the restructuring, the new national bodies were therefore no longer were eligible for VAT refunds.

The new clause asks the Treasury to write a report on the VAT treatment of those bodies, including an estimate of the change to their financial position since their restructuring if they had remained eligible for VAT refunds. However, it is important to remember that the Scottish Government were forewarned of that consequence well in advance of the decision they took. The Treasury was keen to ensure that the Scottish Government considered that consequence as part and parcel of their decision to restructure the services. Because the expected cost savings to the Scottish Government outweighed the loss of any VAT refunds, I perfectly understand why they went ahead with their restructuring programme.

As I have explained, as the Scottish Government restructured those services, they are no longer eligible for VAT refunds. That is plain and clear, and the eligibility is set out in legislation. There is no need to explain it further or for a report to be submitted to the House. If the Scottish Government are now reconsidering their position and wish to discuss how the services can become eligible once again for VAT refunds, the Treasury will happily engage with them to advise. In conclusion, there does not seem to be any justification for using Treasury resource to set out in a report something that is clearly set out in legislation. As things stand, the Scottish police and the Scottish Fire and Rescue Service are not eligible for VAT refunds. I therefore ask that new clause 1 not be moved.

New clause 3 would require the Treasury to write a report on a VAT exemption of women’s sanitary protection products, including a financial assessment and an assessment of the impact on the purchasing of these products, especially by those aged under 25. I am well aware of the ongoing campaign to zero-rate or exempt from VAT sanitary protection products, which has cross-party support. I very much sympathise with the aims of the new clause, but this is not simply a case of the Government taking action.

The new clause asks the Treasury to submit a report to the House on the impacts of exempting sanitary protection products from VAT. The plain facts of the matter are that the goods and supplies to which the UK Government can apply a VAT exemption are set out in EU law. Any change to EU VAT law would require a proposal from the European Commission and the support of all 28 member states, which is no easy task.

To put this into context, the UK applies a reduced rate of 5% to sanitary protection products—the lowest permissible rate of VAT under EU law. However, different countries have different priorities, setting their tax rates to meet the economic conditions prevalent in their own jurisdictions. Across the EU, the average rate of VAT applied to sanitary protection products is more than 17%. The hon. Member for Glasgow Central made reference to the Republic of Ireland. My understanding is that it is not correct that these products are zero-rated or exempt there. The UK applies the lowest rate across the whole EU.

In discussions in the EU, some member states may consider other reviews to be of more concern to them at this time. It is not that there is any lack of sympathy for the cause. When the previous Labour Government, under Gordon Brown, reduced the rate, he did not zero-rate these products because of the constraints of EU law. Any change would require the overall consent of the EU institutions.

Barbara Keeley Portrait Barbara Keeley
- Hansard - - - Excerpts

Will the Minister give way?

David Gauke Portrait Mr Gauke
- Hansard - -

Before I do so, I wish to correct something. I understand that the Republic of Ireland has a zero rate for sanitary products. I correct what I said: the hon. Member for Glasgow Central was correct, so I apologise. That zero rate was agreed before Ireland joined the European Union in the early 1970s. A zero rate on these products was not in place when the UK joined the EU, or the Common Market as it then was. I am sure we would all consider that regrettable, but that was the situation. Trying to extend zero rates across the board would be difficult.

Barbara Keeley Portrait Barbara Keeley
- Hansard - - - Excerpts

There is a recognition of the difficulty—that certainly came out in the speeches we heard on this element of the Bill. What other Members and I would like to hear from the Minister is whether he supports doing something about it. Does he want to have a push on it? Party leaders seem to say that they do, but it would helpful if we could hear him say that he wants to do something about this issue.

David Gauke Portrait Mr Gauke
- Hansard - -

There are a number of ways in which the European Union and the rules that apply within it could be improved. A strong case is made from all parts of the House that greater flexibility in this context would be helpful, but the point I would make is that we see little indication that other member states, which by and large have higher rates—the average rate is 17%—share that objective. If there is a general move, we would support that.

Other than when an accession country joins the EU and negotiates a zero rate, there is no particular indication that the Commission or member states as a whole are prepared to introduce new zero rates. Indeed, quite a lot of the advice coming from organisations such as the OECD and the general position that the Commission takes tend to be against that, so I do not want to underestimate the difficulties.

Alison Thewliss Portrait Alison Thewliss
- Hansard - - - Excerpts

Will the Minister give way?

David Gauke Portrait Mr Gauke
- Hansard - -

I will take one more intervention, but I am sure the Committee will want to conclude shortly.

Alison Thewliss Portrait Alison Thewliss
- Hansard - - - Excerpts

I thank the Minister for giving way, and I am glad he was able to make that correction, because I checked whether Ireland had a zero rate this morning on the Irish Tax and Customs website. I appreciate what he is saying about things being difficult, but this is about promoting what is correct and right. I seek an assurance that he will lead on this issue. Changes could and should be made in this instance to correct a long-standing injustice, and I would like to hear a wee bit more about the Government’s ability to do that.

David Gauke Portrait Mr Gauke
- Hansard - -

I come back to the point that we are not stating that we do not see the case the hon. Lady is making, but that we should not underestimate the resistance to the introduction of zero rates. The UK already has zero rates to a greater extent than most if not all other member states. As I said, zero rates have been possible only on accession, which is why the Republic of Ireland has a zero rate. There is a reason why the Labour Government introduced a 5% rate, not a zero rate. We are supportive and we would like the rate to be as low as possible, but without wider EU reform and greater flexibility in this area—other member states have other priorities—it will be a challenge. I do not dismiss the issue: were we able to progress further, I would be sympathetic, but we should bear in mind the task ahead of us.

With those remarks, I hope that new clause 3 will not be moved when it comes to it, however much I sympathise with the intentions behind it.

Question put and agreed to.

Clause 2 accordingly ordered to stand part of the Bill.

Ordered, That further consideration be now adjourned. —(Mel Stride.)

Draft Scottish Rate of Income Tax (Consequential amendments) Order 2015

David Gauke Excerpts
Wednesday 16th September 2015

(8 years, 8 months ago)

General Committees
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
David Gauke Portrait The Financial Secretary to the Treasury (Mr David Gauke)
- Hansard - -

I beg to move,

That the Committee has considered the draft Scottish Rate of Income Tax (Consequential Amendments) Order 2015.

It is a great pleasure to serve under your chairmanship, Mr Bailey.

The order makes consequential amendments to income tax legislation to ensure that aspects of the regime continue to operate after the implementation of the Scottish rate of income tax. As right hon. and hon. Members will be aware, extensive devolved powers, including those relating to income tax, are contained within the Scotland Bill, which is currently being considered by the House. They build on powers introduced in the Scotland Act 2012, especially, in the income tax context, the Scottish rate of income tax, which will be implemented in April 2016.

The Scottish rate of income tax will apply to income from earnings, pensions and other non-savings sources. The basic rate, higher rate and additional rates paid by Scottish taxpayers will be calculated by reducing the UK basic, higher and additional rates of income tax by 10p in the pound and adding the Scottish rate income tax set by the Scottish Parliament. The power enables the Scottish Parliament to directly influence the level of tax paid by Scottish taxpayers and thus the level of its income that will be derived from taxation. In deciding the Scottish rate of income tax the Scottish Parliament will, therefore, directly affect its own funding.

There are, however, a number of areas in which the 2012 Act, which gave effect to the rate-setting power, interacts with other areas of the income tax system. A technical note setting out the Government’s policy intentions in those areas was published in May 2012 following consultation with representatives of relevant private sector groups. That note promised to publish the legislative changes necessary to achieve those intentions in a consultation document before their being laid before Parliament. Some of the necessary amendments were published for consultation, and they were subsequently made in the Finance Act 2014.

Draft legislation addressing the remaining income tax issues was published for public consultation in December 2014. After being amended to fully reflect the responses received, that legislation has been placed before Parliament in the form of two statutory instruments: the one before us today and the Income Tax (Pay As You Earn) (Amendment No. 3) Regulations 2015, which, right hon. and hon. Members will not be surprised to learn, make necessary amendments to incorporate the new Scottish rate within the PAYE system. The latter instrument was placed before Parliament last Thursday.

I hope that it will assist the debate if I briefly outline the aspects of the income tax system to which the order before us relates, and the nature of the amendments that it makes. First, on pension relief at source, the current system will not automatically provide the correct relief for Scottish taxpayers under the new Scottish rate. The order therefore makes amendments to ensure that relief at source will be paid at Scottish rates, meaning that Scottish taxpayers will receive the correct relief into their pension pots.

Additionally, the Government have acknowledged that the pensions industry is working in a challenging environment at present, and have agreed that it can have longer to make the changes. It is planned that the industry should be ready to make relief at source claims at the Scottish basic rate from April 2018. In the meantime, to ensure that pension scheme members who are Scottish taxpayers are not disadvantaged, the Government have agreed that from April 2016 pension scheme administrators will be able to continue to claim relief at source at the UK basic rate of tax for all members. Her Majesty’s Revenue and Customs will identify Scottish taxpayers and, depending on the rate set by the Scottish Government, make any necessary adjustment to the relief directly with the scheme member. That will be done through either the self-assessment process or PAYE coding.

The Finance Act 2004 contains a number of special tax charges. The majority are designed to generate a charge based broadly on current rates, and percentages are therefore used. In two areas though, there are references to rates. The order amends those two areas to ensure that they operate appropriately under the new Scottish rate. It supplements references to “basic rate”, “higher rate” and “additional rate” with references to the Scottish equivalents applicable to Scottish taxpayers.

Deficiency relief may be available to individuals when their life insurance policy, life annuity contract or capital redemption policy comes to an end. If the tax calculation needed when a policy or contract comes to an end gives a negative result rather than a gain, but taxable gains have arisen earlier in the life of the same policy or contract, individuals may be entitled to the relief. The deficiency relief tax reduction is determined using the amount of any deficiency to reduce the income liable at the highest rates, and then in sequence at each lower rate. The order amends the relevant rules so that they include income liable at various Scottish main rates in that sequence, factoring in the possibility that the Scottish higher rate could differ from the UK higher rate.

The next aspect is the social security pension lump sum. Current rules for the tax treatment of that lump sum stipulates that the rate of tax paid by an individual on their lump sum should be the same as their highest marginal rate, which is determined by reference to their total income, as established in the wider calculation of income tax liabilities. The order makes an amendment to ensure that lump sums will be taxed at the Scottish rates for Scottish taxpayers by augmenting the references to “basic rate”, “higher rate” and “additional rate” with references to the Scottish equivalent rates if the individual is a Scottish taxpayer.

Finally, the order makes amendments to the Income Tax Act 2007 to ensure that the parts of the Act covering the calculation of total income, entitlement to transferable tax allowance for married couples and civil partners, election to reduce personal allowance and relief for gifts to charity will continue to operate with a new Scottish rate. It does so by supplementing relevant references to rates of income tax with references to equivalent rates for Scottish taxpayers.

It is important to ensure that the income tax regime continues to operate smoothly once the Scottish rate of tax has been implemented, and the amendments being made in the order will ensure that is the case. Having set out in detail the nature of the amendments, I am now happy to answer questions from members of the Committee.

--- Later in debate ---
David Gauke Portrait Mr Gauke
- Hansard - -

It is a pleasure to respond to the two speeches we have heard. First, on HMRC’s ability to identify Scottish taxpayers, which will be fundamental to the introduction of a Scottish rate of income tax, HMRC will use its own data to determine a person’s status. To give individuals an opportunity to respond, HMRC will encourage them to make it aware of changes of address. HMRC is also looking at the best ways to check the information against other sources, and at the costs associated with the activity. Scottish Government officials have been involved in that process for some time and are consulted about key decisions.

It is worth pointing out that the latest risk register reflects a growing confidence in the effectiveness of HMRC’s plans to identify Scottish taxpayers. As Scottish taxpayer status is determined by main place of residence in the UK, HMRC will use the addresses it holds in its records to identify taxpayers who live in Scotland.

Rob Marris Portrait Rob Marris (Wolverhampton South West) (Lab)
- Hansard - - - Excerpts

It is a pleasure to appear before you for the first time, Mr Bailey, and to have the opportunity to ask a question of the Minister. It was probably 2006 when we last crossed swords on a Treasury matter in Committee, with the Finance Bill of that year.

With regard to Scottish residence, I am not accountant, as the Minister knows, but there used to be a withholding tax for money earned in the United Kingdom by certain foreign residents, such as pop stars or sportspeople. Would the order affect the withholding tax for money earned in Scotland by such a foreign resident?

David Gauke Portrait Mr Gauke
- Hansard - -

First, it is a great pleasure once again to cross swords with the hon. Gentleman in Committee. I think there were subsequent Finance Bills that we debated: 2007, 2008 and 2009 possibly.

Rob Marris Portrait Rob Marris
- Hansard - - - Excerpts

Maybe 2007.

David Gauke Portrait Mr Gauke
- Hansard - -

Let us not detain the Committee too long on that ancient history. However, it is great pleasure to respond once again to an intervention from the hon. Gentleman.

The Scottish rate of income will apply to Scottish residents. In the circumstances that the hon. Gentleman sets out, where somebody is not a Scottish resident, the UK rate of income tax will apply. I hope that provides clarity.

I should point out that there is no definitive list of Scottish residents, but HMRC has been and will continue checking its address data against third-party information, for example the Scottish electoral register, to check accuracy. HMRC expects to contact Scottish taxpayers later in 2015, well in advance of the introduction of the Scottish rate in April 2016.

Work on making changes ready for the Scottish rate of income tax is well advanced. It is on schedule and will support further devolution. While it is clearly vital that the public have all the information necessary to understand the Scottish rate of income tax before it comes into force, all the customer research that HMRC has commissioned shows that the timing of information is equally important. If guidance or information highlighting the changes is provided too early, it will not be at the forefront of busy people’s minds.

UK employers and pension providers are amending payroll software to take into account the introduction of the Scottish rate of income tax from next April. Technical guidance on Scottish taxpayer status was published for consultation in June and will be published in its final form, along with a raft of more general support and guidance, later this year. HMRC will write to those whose records show that they are a Scottish taxpayer later this year and tell employers and pension providers which of their employees or pensioners are Scottish taxpayers. I reassure the Committee that progress towards the introduction of the SRIT appears to be well in hand.

Barbara Keeley Portrait Barbara Keeley
- Hansard - - - Excerpts

We have talked in other debates about such things as insurance premium tax. There are considerable pressures and strains on the pension industry, and one of the serious concerns we came across was the higher cost to pension scheme providers. As I said earlier, Scottish Widows said that its systems were at breaking point. This change comes on top of others, and we are even changing insurance premium tax. I do not know whether he was going to respond to that point, but will he do so? Given that even insurance premium tax is being put up, there is concern that pension scheme providers will be suffering from extra administrative cost. What might that cost be?

--- Later in debate ---
David Gauke Portrait Mr Gauke
- Hansard - -

On the process for pension funds, we are mindful of the specific challenges. The hon. Lady asks for the cost of administration for pension providers, but we do not have a specific number. We are happy to confirm that HMRC continues to work extremely closely with the pensions industry and is extremely mindful of minimising the burden. There are technical groups involving the industry, which continue. End-of-year adjustments for pension taxation often occur for changes of circumstances in-year. Any required adjustment that relates to the interim treatment of Scottish taxpayers will occur in the same manner, usually through coding adjustments.

To finish the point I was making on guidance being published to identify taxpayers, which the hon. Lady raised, HMRC received 20 responses to its consultation on the guidance and is amending it to reflect that. Final technical guidance and supporting information for taxpayers will be published later this year.

Picking up on the point that the hon. Member for Midlothian made about the powers being devolved to Scotland, the Smith commission—it is important to remember that all parties present in the Scottish Parliament signed up to it—specifically decided after careful consideration not to devolve income tax fully but to leave it as a shared UK tax, albeit with significant powers to set rates and thresholds being made available to the Scottish Parliament. That is why the whole of income tax has not been devolved. The UK Government will continue to set the personal allowance, other allowances, income tax on savings and dividend income, and reliefs. Going further than the powers set out in the Scotland Bill would break the concept of a shared tax and would be complicated for individuals and employers with activity on both sides of the border, who would have to understand and comply with two potentially entirely different systems.

As the Prime Minister pointed out today, we can keep on debating the processes, but very substantial powers have been devolved to the Scottish Government and the Scottish Parliament. Perhaps debate should now focus on how those powers are used rather than necessarily continuing to be about which additional powers should be provided, given where we got to with the Smith commission.

Douglas Chapman Portrait Douglas Chapman (Dunfermline and West Fife) (SNP)
- Hansard - - - Excerpts

Although I recognise that more powers are coming our way through the Scotland Bill, does the Minister agree that there has been grudging movement in the pace of change on the income tax powers? These are matters that affect Scotland’s future financial wellbeing, and I think the powers that we are discussing today were first raised in the Calman commission in 2009. They will not be implemented until the Scottish Government bring forward a Budget in 2016-17, and it is unlikely that full powers will be in place until 2019. The hon. Member for Worsley and Eccles South mentioned pension arrangements. At this pace of change, I will probably be collecting my pension by the time some of these changes are implemented.

David Gauke Portrait Mr Gauke
- Hansard - -

I do not accept that point. In the course of a year, the establishment of the Smith commission and the bringing forward of legislation to devolve income tax much more fully to Scotland has been remarkably fast-paced. Indeed, the point that the hon. Member for Worsley and Eccles South raised was that it involves, in some cases, really quite complicated changes. Institutions such as insurance companies need to be able to make changes to ensure that it works effectively. Yes, there are times when we need a run-in period to introduce measures, but in reaching a consensus and making progress towards a very substantial transfer of power, I am pleased to say that the Government are delivering on the promises made before the Scottish referendum.

Rob Marris Portrait Rob Marris
- Hansard - - - Excerpts

Perhaps the Minister could confirm whether I have misunderstood, which I may have done, that since the Scottish Parliament was set up, the devolved Administration have had the option of a 3p in the pound income tax change. As far as I am aware—the Minister can correct me on this—successive Administrations of different political colours have not exercised that choice. Does he agree that chomping at the bit to deal with income tax now therefore seems a little strange?

David Gauke Portrait Mr Gauke
- Hansard - -

I do agree with the hon. Gentleman. Powers have been in place with the Scottish variable rate for many years and have not been used. We now have the additional powers of the Scottish rate of income tax. If the Scottish National party is so keen to make use of those powers, I look forward to hearing what it will do with the Scottish rate of income tax. We have gone even further in providing devolution consistent with the Smith commission, and maybe it is time that the debate moved on from which powers are devolved to how those powers will be used.

Owen Thompson Portrait Owen Thompson
- Hansard - - - Excerpts

Does the Minister accept that the current powers are only to vary upwards by 3p across the board? Individual levels cannot be varied, and the rate of income tax cannot be reduced below what it currently is.

David Gauke Portrait Mr Gauke
- Hansard - -

If the SNP is suggesting that it has a plan to reduce taxes and reduce spending accordingly, I look forward to hearing it. In the absence of that, let me make the point that what is set out in the Scotland Bill—I appreciate that we are not debating the Scotland Bill today—will give the Scottish Government a huge amount of flexibility. I am sure the people of Scotland are looking forward to hearing, at some point, what the Scottish Government intend to do with it. I note that we hear no further information at the moment on that point.

Barbara Keeley Portrait Barbara Keeley
- Hansard - - - Excerpts

The Minister has not really answered all my questions, so I would like to make some key points again. Given that much more is to be done in future years—there is to be more devolution—the issues I have raised and the questions I have asked are important. If the Minister does not have the details of the higher costs that will hit pension scheme providers, he needs to write to me about them.

I really do take on board the point about the potential impact on individuals. The ABI believes that, because of all the difficulties and the time it is taking,

“employees in Scotland could receive different levels of pension income”

from others

“making the same contributions into the same scheme over the same period of time.”

I feel strongly that that is not acceptable. There is much more work to be done. We cannot have individuals losing out on their pension funds because the pension schemes are on their knees trying to cope with the changes that are being thrown at them. It is clearly not acceptable that individuals will be affected in that way. If the Minister is not able to assess that and tell us what he thinks the impact will be, perhaps he could write to me. He will have the note with all my questions.

David Gauke Portrait Mr Gauke
- Hansard - -

As I said, we do not have the specific numbers for the costs of administration by pension providers, but I reassure the hon. Lady that individuals will not lose out. HMRC will ensure that all pensioners pay the correct tax—that is what the system is designed to do. There is an interim arrangement, so to speak, but there is also a reconciliation process, and the correct tax will be paid. I hope that the Committee will take note of those points and support the order.

Question put and agreed to.

Resolved,

That the Committee has considered the draft Scottish Rate of Income Tax (Consequential Amendments) Order 2015.

National Insurance Contributions (Rate Ceilings) Bill

David Gauke Excerpts
Tuesday 15th September 2015

(8 years, 8 months ago)

Commons Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Helen Goodman Portrait Helen Goodman
- Hansard - - - Excerpts

As I have said, I would not have made a commitment on the upper earnings limit. That is just not my view. Fortunately, in the House of Commons we are free to speak as we find things. We are having this debate and I am making my contribution. I am telling the House that that is not a terribly sensible commitment to make.

The hon. Member for North West Hampshire made some good points about the certainty that small and micro-businesses need, but I ask hon. Members to consider for themselves how many small and micro-businesses are employing people on £150,000 a year. I suggest that not many are doing so. I know that Hampshire is better off than County Durham, but it is not so much better off that every farmer and small shopkeeper is paying themselves and their staff £150,000 a year.

David Gauke Portrait The Financial Secretary to the Treasury (Mr David Gauke)
- Hansard - -

May I seek some clarity? The hon. Lady said that she would not make a commitment on the upper earnings limit. Is she therefore suggesting that the 12% rate of national insurance contributions should also apply to higher rate income tax payers?

Helen Goodman Portrait Helen Goodman
- Hansard - - - Excerpts

I am saying that it would be perfectly reasonable to consider that, rather than pre-committing in the way that the Bill is doing. That seems to be common sense.

It is surprising that the Treasury thinks that it can simply continue to switch off policy levers and that that is an intelligent way of carrying on. As my hon. Friend the Member for Worsley and Eccles South has said, commentators including the Financial Times and PricewaterhouseCoopers have pointed out that this measure will force the Government into a more difficult and tricky situation. The position will become more constrained, and it will be more difficult to take sensible decisions on raising money. The Bill will put more pressure on the Government to cut public spending.

--- Later in debate ---
David Gauke Portrait The Financial Secretary to the Treasury (Mr David Gauke)
- Hansard - -

It is a great pleasure to respond to a lively debate. I thank all those who have contributed, not least the hon. Member for Worsley and Eccles South (Barbara Keeley), who contributed twice. She carries a heavy burden on behalf of her party and I hope that it is noted by the powers that be. I welcome the shadow Chancellor to the Chamber. No doubt he will have noticed the effort that she has put in.

I thank Government Back Benchers for their contributions. My hon. Friend the Member for North West Hampshire (Kit Malthouse) began his speech with the sensible point that, ultimately, it is not companies that pay tax. It is always families and individuals who bear the tax bill, regardless of who writes the cheque. Like a number of hon. Friends, he went on to speak about the importance of providing stability and certainty in the tax system both for individuals and for companies. The tax lock will provide much greater certainty and stability.

That point was also well made by my hon. and learned Friend the Member for South East Cambridgeshire (Lucy Frazer), who highlighted the importance of low taxes to businesses in her constituency and to employees. She made the point that a number of those businesses compete with businesses in silicon valley, and that they need the certainty that the Bill and the Government’s other policies provide.

My hon. Friend the Member for Bexhill and Battle (Huw Merriman) made a similar point about the need for economic policy to support business. It is through the success of our businesses that we will see the economy grow and tax receipts come in, which will enable us to pay for high-quality public services. We must not forget the importance of an enterprising economy. It may well be that that point becomes more important in the debate in this country over the next few years, as the consensus appears to be breaking down.

My hon. Friend the Member for Spelthorne (Kwasi Kwarteng) rightly criticised the characterisation of the Bill as a gimmick. I will turn to that in a moment, but he was right to say that this is an important measure.

My hon. Friend the Member for Milton Keynes South (Iain Stewart) highlighted the fact that in 2001, a Labour Government were elected with a promise that they would not put up income tax, but shortly afterwards they put up national insurance contributions. We must not forget that national insurance contributions are paid by people in much the same way as a tax. It should not be open to Governments to use national insurance contributions as a stealth tax. That is why, as well as introducing legislation to provide a tax lock for income tax, it is important to have legislation on national insurance contributions. Given that national insurance contributions cannot be dealt with in a Finance Bill, such a measure is contained in this Bill.

Barbara Keeley Portrait Barbara Keeley
- Hansard - - - Excerpts

I am astonished that the Minister can talk about things that happened in the past and not reflect on the more recent pledge made and broken by his Government not to raise VAT. How can he stand there and talk about any issue when that is in recent memory? How hard did that hit many millions of families in this country? I think he would be better leaving that topic alone.

David Gauke Portrait Mr Gauke
- Hansard - -

For those of us who were debating such matters at the time, the state of the public finances, and the deterioration identified by the Office for Budget Responsibility in the summer Budget of 2010, revealed that we needed to take steps to put the public finances back on track. We took those measures, and I remind the hon. Lady that the Labour party abstained on the increase in VAT. Labour Members did not oppose it at the time, presumably because they recognised that it was necessary. That was, I suppose, a time when the Labour party was flirting with fiscal responsibility. I am sure it would never repeat that now.

Barbara Keeley Portrait Barbara Keeley
- Hansard - - - Excerpts

My points are about the way the public feel about broken pledges. This gimmick of a tax lock means nothing if, whatever the circumstances, the Government are prepared to change their mind on things. I read the Minister a long list of pledges that his Prime Minister and Government have broken, and every time such things happen, the public get sick of it.

David Gauke Portrait Mr Gauke
- Hansard - -

We are underlining our commitment not to increase the rate of class 1 NICs by introducing this Bill. The hon. Lady asks why we are legislating rather than making a pledge. She could apply exactly the same argument to the legislative commitment to spend 0.7% of gross national income on overseas aid, yet that was actively supported by the Labour party. If she feels that this Bill is a meaningless gimmick, why does she not oppose it today?

Let me finish thanking my hon. Friends. My hon. Friend the Member for Northampton North (Michael Ellis) described this as a short but important Bill, and may I say that he delivered a short but important speech? My hon. Friend the Member for Tamworth (Christopher Pincher) highlighted the need for greater certainty in the tax system and welcomed the Bill, as did my hon. Friend the Member for North Dorset (Simon Hoare), who also highlighted the importance of stability in the tax system. My hon. Friend the Member for Blackpool North and Cleveleys (Paul Maynard) supported that argument and suggested that the Bill would provide greater confidence to businesses in his constituency.

The hon. Member for Dundee East (Stewart Hosie) raised a number of questions and asked about the potential for integration between income tax and national insurance contributions, and the work being undertaken by the Office of Tax Simplification. As he said, it was announced in the summer Budget that the OTS will undertake a review of the closer alignment of income tax and national insurance. The overall aim of the project is to build on earlier work undertaken in that area, and to understand the steps needed to achieve closer alignment of the taxes, as well as the costs, benefits and impact of each step. The terms of reference were published on 21 July, and the OTS will publish a final report ahead of the 2016 Budget.

On the one hand we heard from the hon. Member for Worsley and Eccles South that this measure is a gimmick and unnecessary. On the other hand, I was also struck by the contribution from the hon. Member for Bishop Auckland (Helen Goodman), who made the argument that we—I do not know whether she was talking about the Government or the Labour party—should consider abolishing the upper earnings limit. In other words, the 12% rate of national insurance contributions should apply also to higher rate taxpayers. That policy was supported by the hon. Member for Luton North (Kelvin Hopkins).

Let us be clear about what is being proposed. It would mean an increase in the tax rate for higher rate taxpayers of 10%, from a combined rate of 42% to a combined rate of 52%. That is not the policy of the Opposition, as the hon. Member for Worsley and Eccles South made clear, but three days into the leadership of the right hon. Member for Islington North (Jeremy Corbyn) the Labour Front Bench appears to be being attacked from the left, something that I had not anticipated. I do not know whether the hon. Members for Bishop Auckland and for Luton North are making a late bid for inclusion in the shadow Cabinet, although I was surprised that neither was there in the first place. I am sure that the shadow Chancellor, who is in his place, will have listened carefully to that proposal, which would clobber a large chunk of middle earners.

The hon. Member for Worsley and Eccles South upbraided hon. Members for quoting remarks made by the right hon. Member for Islington North before he became leader of the party and said that she would not respond. That is a novel approach, although I have some sympathy with her and really cannot blame her.

Barbara Keeley Portrait Barbara Keeley
- Hansard - - - Excerpts

The Minister seems to forget that I read out to him a list of various pledges on policy that the Prime Minister made before he became Prime Minister. Will he now defend every one of those? Will he defend what the Prime Minister said about Sure Start, EMA and other things that have been changed or abolished? It appears that the Minister thinks it is all right for the Prime Minister to say what he said when he was Leader of the Opposition. The Minister cannot have his cake and eat it, but that is what he appears to be trying to do.

David Gauke Portrait Mr Gauke
- Hansard - -

I understand why the shadow Minister does not want to defend the position of the current leader of the Labour party, but let me make this point clear. The Prime Minister came into office in 2010 with a mission to turn around the UK economy. He succeeded and was re-elected with a majority in 2015.

The hon. Member for Luton North always makes entertaining and thoughtful speeches. I noted that he praised the tax system of Denmark, but I would point out that its VAT rate is 25% and it does not have any lower rates. I can assure him that we will not follow Denmark’s example and put VAT up to 25%.

Kelvin Hopkins Portrait Kelvin Hopkins
- Hansard - - - Excerpts

I would be happy if the Danes lowered their VAT rate, but can the Minister tell us what Danish income tax rates are?

David Gauke Portrait Mr Gauke
- Hansard - -

I do not have all the numbers in front of me, but I take it from the hon. Gentleman’s remarks that he would like to put income tax rates up, not down—[Interruption.] Well, I know he is very close to the Labour leadership and I suspect that he may prove to be an influential figure in deciding policy.

I am delighted that we do not appear to be divided on this measure, even though we heard some doubts about it from Labour Back Benchers. I am grateful to hon. Members for their contributions. This is an important part of the Government’s long-term economic plan, providing certainty and stability to the taxpayers of this country. I am pleased that we are making progress on providing that certainty and stability, as well as protecting the British people from tax increases, at least for the course of this Parliament and—we hope—future years as well.

Question put and agreed to.

Bill accordingly read a Second time.

NATIONAL INSURANCE CONTRIBUTIONS (RATE CEILINGS) BILL (PROGRAMME)

Motion made, and Question put forthwith (Standing Order No. 83A(7)),

That the following provisions shall apply to the National Insurance Contributions (Rate Ceilings) Bill:

Committal

(1) The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

(2) Proceedings in the Public Bill Committee shall (so far as not previously concluded) be brought to a conclusion on Tuesday 27 October 2015.

(3) The Public Bill Committee shall have leave to sit twice on the first day on which it meets.

Consideration and Third Reading

(4) Proceedings on Consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.

(5) Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.

(6) Standing Order No. 83B (Programming committees) shall not apply to proceedings on Consideration and Third Reading.

Other proceedings

(7) Any other proceedings on the Bill (including any proceedings on consideration of Lords Amendments or on any further messages from the Lords) may be programmed.—(Charlie Elphicke.)

Question agreed to.

EU general budgets for 2015 and 2016

David Gauke Excerpts
Monday 14th September 2015

(8 years, 8 months ago)

General Committees
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
David Gauke Portrait The Financial Secretary to the Treasury (Mr David Gauke)
- Hansard - -

It is a great pleasure to serve under your chairmanship, Mr Walker. An outbreak of good humour is only to be expected in the circumstances.

I thank Members for their attendance at this debate and for providing the opportunity for me to present the Government’s position on the EU budget. As members of the Committee will be aware, we remain in the midst of one of the biggest debt crises to have hit Europe. In response, this Government, like other Governments across the EU, have taken the difficult but necessary decision to consolidate our public finances and implement structural reforms. We have been clear that the EU budget, which is funded by EU taxpayers, cannot be immune to reform. The Government have delivered on this in Brussels, not least through the multi-annual financial framework deal secured by the Prime Minister in 2013.

In the 2005 MFF negotiation under the Labour Government, the UK’s rebate came under attack, as it so often does in Europe. Under pressure, the previous Government folded. This cost British taxpayers more than €9 billion over the 2007-13 period. By contrast, in the 2013 MFF deal, the Prime Minister protected our rebate, and also prevented new EU-wide taxes to finance EU spending. The Prime Minister’s deal did not only mean a smaller EU budget; it meant an EU budget that was better focused on areas that are important for the UK.

Within the smaller overall MFF, expenditure has been reorientated towards areas that provide higher value for money to the British taxpayer: namely, high-value research and development, universities and other pro-growth investment. Last year’s annual budget negotiations were trying, but I am pleased to tell the House that the current proposal from the Commission for the 2016 annual budget is consistent with the MFF annual ceilings. The Commission proposed €143.5 billion in payments and €153.8 billion in commitments, with the recently agreed European fund for strategic investments deal, which is below the annual MFF ceilings by €1.2 billion on payments and €2.1 billion on commitments, making it a more reasonable proposal than those of the past two years. The cash increase of 1.6% is smaller than previous year-on-year increases, showing the impact of the MFF deal. Nevertheless, the UK, along with like-minded states, has continued to push for savings in order to reduce waste and inefficiency.

On 4 September, the Council unanimously agreed its position on the Commission’s proposal on the draft budget. The Council cut the Commission’s proposal by approximately €1.4 billion in payments and €0.6 billion in commitments so that both commitments and payments are €2.6 billion below the annual MFF ceilings. The UK received full support from our usual budget disciplinarian allies—Austria, Denmark, Finland, France, Germany, Sweden and the Netherlands—in achieving these cuts to the Commission’s proposal.

The Government supported this deal because we judged that it reflected the need for fiscal discipline while preserving funding to key areas supporting jobs and growth, and responding to external pressures. For example, the Council position increases funding compared to last year for Horizon 2020 by 9% for research and development, and increases pro-growth spend overall under heading 1a by 9%, while the external aid budget under heading 4 has increased by 22%, enabling the union to respond more effectively to external pressures. As negotiations on the final deal continue with the European Parliament in the autumn, the Government will continue to work closely with our allies in Council to ensure the best possible deal for UK taxpayers.

As well as the Commission’s draft budget 2016, a number of related documents have been held for debate. I shall now address them in turn. The mobilisation of the EU solidarity fund is a separate document alongside the draft 2016 budget, which proposes the sum of €50 million, or £35.6 million, in commitment and payment appropriations in the 2016 budget to provide a reserve for rapid disbursement of funds to member states before more substantive support is agreed. The Commission included that amount in the draft 2015 budget and it is a requirement of the EU solidarity fund regulation as amended in May last year.

We are supportive of the principles of the EU solidarity fund in providing support when an EU country is seriously affected by a major natural disaster. Natural disasters, which in most cases cannot be foreseen, bring new pressures to bear on the EU budget. However, we do not believe that new pressures should necessarily lead to requests for new money from member states, which is why we consistently press the Commission to identify possibilities for reallocation within existing budgets, when mobilising the EU solidarity fund for substantive support to member states, before requesting additional funds. Indeed, that reflects the inter-institutional agreement on budgetary discipline of December 2013, which requires the Commission to take into account the scope for reallocations to fund EU solidarity fund applications.

A proposal to mobilise the flexibility instrument was also appended to the draft budget. The instrument exists to allow the financing of expenditure that cannot be covered within the ceiling limits of an area of the budget. In the 2016 budget, heading 3 was short on commitment appropriations due to pressures arising from the migration crisis. As the Committee is aware, the Prime Minister has expressed support for EU-wide action to tackle the migration crisis and, in this case, the flexibility instrument provides a means of meeting those emergency funding requirements. Moreover, the proposed commitments budget for 2016 is more than sufficient comfortably to meet such funding requirements without incurring any breach of annual or global multi-annual financial framework ceilings.

That recognition of the need for the EU budget to respond to new pressures does not change our commitment to ensure overall financial discipline and respect for the MFF limits. As with the EU solidarity fund, we continue to urge the Commission to seek reallocations from areas of lesser priority when new pressures emerge. The Prime Minister has clearly set out that special instruments spending exists in the EU budget specifically to respond to new events, and that it is important to control that as well.

After releasing the 2016 draft budget proposal, the Commission issued an amending letter to the proposal to reflect agreement reached in June on the financing of the European fund for strategic investments, a guarantee fund to help plug the current investment gap in the EU by mobilising private financing for strategic investments. The Government supported the EFSI agreement as a way to raise growth prospects throughout Europe while being fully consistent with the MFF deal.

The Government also welcomed the protection of specific research programmes within Horizon 2020, including the Marie Sklodowska-Curie actions programme and the spreading excellence and widening participation programme, as part of the agreement reached on EFSI. The amending letter, which has now been incorporated into the Council’s position on the draft budget, increases the commitment appropriations available to Horizon 2020 and the connecting Europe facility by around €153 million and €150 million respectively, resulting in an overall increase in commitment appropriations in the 2016 budget by €303 million.

As for the 2015 budget, the Commission has issued a number of draft amending budgets, which have all been adopted in Europe, except the latest, DAB 6. In line with the routine annual practice, it provides for a revision in the forecast of member state contributions to the EU budget to reflect the latest economic data and forecasts provided and agreed by member states in March every year. The changes in that DAB were already anticipated in the Office for Budget Responsibility’s most recent forecast in July.

DAB 6 is important because it contains the rebate that we will receive on the 2014 surcharge payment. It confirms that we will receive the rebate in the same year as our making the surcharge payment, rather than with a year’s lag. It also sets out that we will receive a rebate that is higher than estimated by the Commission last autumn, so the total net surcharge payment from the UK to the EU will be under £0.8 billion, less than half of the original bill of £1.7 billion.

As we enter the final few months of negotiations on the annual budget, we face the usual challenges that we have come to expect from Brussels. The European Parliament will agree its final position on the budget on 28 October. I can confidently predict that it will seek to increase significantly the Commission’s proposal and leave a much-reduced margin below the annual MFF ceiling. I can equally confidently predict that many member states—in particular, net recipient member states—will support that.

Despite those challenges, we remain fully committed to obtaining the best deal for the UK and the British taxpayer. Our objective is an agreement for 2016 that supports the delivery of the Prime Minister’s MFF and achieves the greatest possible amount of restraint in the framework. This is a negotiation and the outcome will ultimately be decided by a qualified majority in the Council, which is why working closely with our like-minded allies, as we have done successfully to date, is so important.

Today the Committee has the opportunity to present a united front in favour of restraint in the annual budget from 2016 and to give the Government a strong mandate to continue to work with like-minded member states in pressing for necessary restraint and discipline in the budget negotiations this autumn in order to get the best deal for UK taxpayers.

None Portrait The Chair
- Hansard -

We now have until 5.30 pm for questions to the Minister. May I remind Members that these should be brief? It is open to a Member, subject to my discretion, to ask related, supplementary questions.

Barbara Keeley Portrait Barbara Keeley (Worsley and Eccles South) (Lab)
- Hansard - - - Excerpts

Thank you, Mr Walker. It is a pleasure to speak in this Committee, the first time that I have done so with you in the Chair. May I thank you for chairing our proceedings today? I hope it is helpful if I group my questions.

First, on the draft decision about the use of the EU solidarity fund in 2016 for financial assistance to eligible states affected by major national disasters or extraordinary regional disasters, the terrible floods experienced by Romania, Bulgaria and Italy in 2014 caused extensive damage to the economic and productive sectors in many towns and cities in those countries. The UK was a beneficiary of the solidarity fund after the 2007 floods; I am sure Members remember those floods and the difficulties they caused for many constituents. We received £127 million to help with their aftermath.

I agree and have constantly said in debates on these matters that there is a need for budgetary restraint and reform in the EU budget. I spoke strongly about that in the debate on the European Union (Finance) Bill. Will the Minister make his position on the solidarity fund clearer? Will he accept the need to help countries that have experienced significant problems owing to flooding? Will he agree to such mechanisms being used in a similar way in the future, or does he think that, for us to achieve budgetary restraint, we have to reform the way those instruments work?

Secondly, what plans do the Government have to ensure that this annual budget and future EU budgets are controlled and that funding is prioritised on interventions to encourage jobs and growth throughout the EU and in the UK? Today’s documents raise again some of the issues that I raised in the European Union (Finance) Bill. Funding for the common agricultural policy is still high and not being diverted to more useful programmes such as the European fund for strategic investments. Other budget amendments have pushed the budgets further into the margins, which again raises my question of whether the gap between commitment and payment appropriations is manageable and whether it is the most efficient way to ensure budgetary restraint. We had quite a debate on that when discussing the Bill. What plans does the Minister have to ensure wider reform of the EU budget?

Finally, I would like to ask the Minister about the UK’s response to migratory pressures in Italy and Greece. In document 11, his follow-up letter to the Chair of the European Scrutiny Committee, the hon. Member for Stone (Sir William Cash), on draft amending budget 5, responding to those migratory pressures, he outlined more details and he has said more on that today. In the letter, he said that the funding provided for in this DAB supported a range of measures to support the management of migration flows, none of which directly funded the Commission’s proposed schemes for relocation to other member states of 40,000 migrants arriving in Italy and Greece or the resettlement of 20,000 refugees from those countries. Will he confirm whether, in line with the European announcement, the project will include resettlement to other European member states? Does he agree that, contrary to the comments he made in the letter, that does appear to constitute direct funding for the relocation of some of the migrants arriving in Italy and Greece?

Labour Members in the UK Parliament and European Parliament have called for a joint approach to help cope with the increasing number of refugees. The Government have stated that they will not participate in a proposed mandatory EU programme to resettle migrants rescued when trying to cross the Mediterranean to Europe. Now that European leaders have voted against a quota system for relocation, something with which the Government did not agree, are there plans to engage further in the European effort to solve the migrant crisis? What future financial support are the Government willing to mobilise to help the UK and other EU countries deal with those migratory pressures, which are the consequence of unrest in the middle east?

David Gauke Portrait Mr Gauke
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May I put it on record that I am grateful to see the hon. Member for Worsley and Eccles South in her place? I hope we can continue to debate this and other matters in future. I am also delighted to see the hon. Member for Scunthorpe in his place, and I hope we will continue to debate Treasury matters.

First, in terms of our position on the EU solidarity fund, the Government support the objectives and principles of the fund in providing assistance to member states affected by serious natural disasters. However, the Government also take the view that the Commission should always look first to reallocate funds from within existing agreed budgets to meet in-year pressures, rather than coming to member states to request additional money. Past examples show that the Commission is able to find reallocations—for example, when programmes are delayed or take-up is slower than expected.

In terms of the budget more widely and the need to prioritise areas relating to jobs and growth, the Government’s record is clear. As I made clear in my opening remarks, the best way to put pressure on inefficient spending is to cap the overall expenditure. The deal negotiated by the Prime Minister in February 2013 was the first real-terms reduction in the EU budget, and such budgetary restraint is very important. As the Prime Minister said at the time, EU spending reform is a long-term project, but the deal that he secured represents important progress, including on common agricultural policy expenditure. While spending on CAP was cut by 13%, spending on areas of pro-growth expenditure increased and now accounts for 13% rather than 9% of the overall budget.

It is also worth mentioning wider budgetary reform. The UK welcomes the objectives of Vice-President Georgieva’s “budget for results” initiative, which aims to develop a more performance-orientated budget that delivers tangible results for EU citizens. We are working closely with the Commission on that and see it as an important opportunity to help improve the value and efficiency of EU spending and to increase transparency about it for taxpayers. The Chancellor made our position clear at ECOFIN earlier in the year. We have held discussions with the Commission and offered technical assistance, and we are keen to drive this agenda forward.

On migration funding and our response to the crisis, the UK is of the view that a great impact can be made in conflict regions, which is why we are the second largest bilateral donor to the Syrian relief effort. We will continue with our significant efforts to ease the burden on front-line member states by providing practical, on-the-ground support. In line with the Prime Minister’s announcements, we will also take forward plans to resettle up to 20,000 Syrian refugees over the course of this Parliament.

With regard to funding of Frontex, to which we contribute not via the EU budget but through a separate bilateral contribution, we will match increased EU funding as proposed under draft amended budget 5. I hope those points are helpful to the Committee, and I will be happy to answer any further questions.

Jacob Rees-Mogg Portrait Mr Jacob Rees-Mogg (North East Somerset) (Con)
- Hansard - - - Excerpts

May I say, Mr Walker, what a great pleasure it is to serve under your chairmanship for the first occasion in this Parliament? I did so many times in the previous Parliament when you were chairing, with great élan, the Procedure Committee.

To begin with, what are the Minister’s expectations for our rebate? It has gone up this year, which is good news, but last year we obviously had the problem of suddenly discovering that we owed the EU a great deal more money. Does he think that that will be a recurring problem or will the good news on the rebate be the more important part?

David Gauke Portrait Mr Gauke
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In terms of the rebate and the surcharge, which, as my hon. Friend rightly pointed out, emerged last year, the first point is that he is right that the rebate has increased. The effect of that is that the net additional contribution, as a consequence of revisions to our gross national income, has fallen by something in the region of €100 million. It is worth saying that the draft amending budget before us confirms this; that is an important point. On the wider question of whether we are likely to see any repeat of what happened last year, it is worth remembering the negotiation achievements that were reached last year by the Chancellor of the Exchequer, ensuring that no country is bounced into having an additional liability in the way that occurred last time.

When it comes to the revisions of GNI that have an impact on the calculation of contributions of member states, as far as the UK—or, indeed, any member state—is concerned, until all revisions have been done by all member states, it is not possible to make an assessment of precisely what additional sum is likely to be made.

Finally on this topic, let me make it perfectly clear that under this Government the UK rebate is safe. The rebate will continue to be calculated on an unchanged basis. There was no change to the formula and no change to the types of EU expenditure that we get a rebate on. The UK abatement remains fully justified due to continuing expenditure distortions in the EU budget; it is simply a matter of fairness. In terms of the surcharge issue, which is a separate but related one, we cannot yet say whether the UK will make a payment or receive a repayment from the EU later in the year until all calculations have been completed.

Jacob Rees-Mogg Portrait Mr Rees-Mogg
- Hansard - - - Excerpts

The Minister said that the external aid budget will go up by 22%. Do our contributions to it that go through the European Union but are not co-funding operations with the European Union count towards our 0.7% target for overseas aid?

David Gauke Portrait Mr Gauke
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Perhaps the safest thing I could do is write to the Committee.

Jacob Rees-Mogg Portrait Mr Rees-Mogg
- Hansard - - - Excerpts

I do have another question, and the Minister might get inspiration.

David Gauke Portrait Mr Gauke
- Hansard - -

I may get inspiration on that point and I am always anxious to hear subsequent questions from my hon. Friend.

Jacob Rees-Mogg Portrait Mr Rees-Mogg
- Hansard - - - Excerpts

Very often in these European debates on the budget, we look at the smaller issues, but subheadings 1 and 2—economic, social and territorial cohesion, and sustainable growth and natural resources—cover about €111 billion of expenditure. Those terms seem to be vague and woolly. Will the Minister give us some more guidance as to where the money really goes? What is economic, social and territorial cohesion, other than building a fence in Hungary? What is sustainable growth and natural resources? I do not think that we are not doing a lot of mining in the European Union.

David Gauke Portrait Mr Gauke
- Hansard - -

On my hon. Friend’s previous question, I can confirm that the contribution to the EU budget that is spent on overseas aid is included in our 0.7% official development assistance target. I am pleased to be able to provide that clarification.

My hon. Friend makes a wider point about the vagueness of the definitions, but that is perhaps not unique to the European Union. Whether descriptions relate to UK expenditure or various UN conventions and expenditure, they are not always as clear as they might be. There have been issues in trying to explain to the general public how we spend money within the UK, and such terms can be a little vague. I support my hon. Friend’s enthusiasm for greater transparency in this area. The Government introduced UK taxpayers to tax summaries setting out where expenditure goes so that they can be better informed about how public money is spent.

On the EU budget headings, my hon. Friend referred to sustainable growth. This includes common agricultural policy pillar two spending, which focuses on rural development that is environmentally sustainable. That is part of heading 2 spend. The EU budget spend contributes to financing through various programmes. For example, Horizon 2020, which I touched on earlier, is perhaps one of the less controversial areas of EU expenditure, as are cohesion funds for sustainable development within the EU.

I hope that I have provided some information for my hon. Friend about the relevant headings, but if he would like more, I am happy to set that out.

None Portrait The Chair
- Hansard -

Mr Rees-Mogg, are you content? If no more Members have questions, we will proceed to the debate on the motion.

Motion made, and Question proposed,

That the Committee takes note of the European Union Documents No. 9404/15, Draft Decision on mobilisation of the EU Solidarity Fund to provide for payment of advances in the 2016 Budget; No. SEC(15) 240, Statement of Estimates of the Commission for 2016 (Preparation of the 2016 Budget): Political Presentation; No. SEC(15) 240 Statement of Estimates of the Commission for 2016 (Preparation of the 2016 Budget): Financial programming 2017-2020 (Provisional figures); No. 9403/15 Draft Decision on the mobilisation of the Flexibility Instrument for the provisional measures in the area of international protection for the benefit of Italy and Greece; No. 10343/1/15 Letter of amendment No 1 to the draft general budget 2016: Financing of the EFSI Guarantee Fund; No. COM(15)351 Draft Amending Budget No. 6 to the General Budget 2015; supports the Government's efforts to limit the size of the EU Budget, including use of the EU Solidarity Fund and Flexibility Instrument, in order to get the best deal for UK taxpayers at a time of tight constraints on domestic public spending; welcomes the fact that the 2016 Draft Budget respects the Multi-Annual Financial Framework agreement secured by the Prime Minister in 2013, which delivers an unprecedented real-terms reduction compared with the 2007-2013 period while protecting the UK rebate; notes that the 2016 Draft Budget achieves an increased payments and commitments margin compared to 2015 and that the Amending Letter No. 1 updates the 2016 Draft Budget to reflect strong political agreement on the Regulation on the European Fund for Strategic Investments which the UK supported as a mechanism to boost jobs and growth in the UK and Europe; and further notes that the Draft Amending Budget 6 concerns a routine adjustment of revenue calculations and welcomes that it provides for the payment of the rebate on the 2014 EU budget surcharge that was secured last autumn. —(Mr Gauke.)

--- Later in debate ---
David Gauke Portrait Mr Gauke
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May I thank the hon. Member for Worsley and Eccles South and my hon. Friend the Member for North East Somerset for their contributions? I thank other Members for attending today’s proceedings and, indeed, members of the European Scrutiny Committee for selecting the documents for debate.

EU budget negotiations are a challenging process, but I am pleased to say that the initial Commission proposal was more reasonable than in previous years, as I pointed out earlier. That shows the effect that the Prime Minister’s deal is having in bearing down on spending. The Government, working closely with our like-minded allies, have been successful in achieving further savings by cutting the Commission proposal by approximately €1.4 billion in payments and €0.6 billion in commitments, meaning that both commitments and payments are €2.6 billion below the annual MFF ceilings.

As I turn to the issues raised in the debate, I must note that there has been a degree of cross-party unity, which is an attribute that we might not often see in the next few months. I agree with the essence of the point about the transparency of spending that was raised by the hon. Lady and my hon. Friend. It is worth pointing out that Vice-President Georgieva’s budget for results initiative aims to increase budget transparency to EU citizens and, as I mentioned in my earlier remarks, we are keen to support her in that process. The widespread use of open data to provide more information to the public can help that, but for public spending in general, and spending by EU institutions in particular, the case for greater transparency is strong indeed.

We reduced CAP spend in the previous MFF. CAP reform is a long-term project and we continue to work with allies to achieve maximum value for money. It is worth pointing out that there has been modest redistribution of direct payments in recent years. Generally, the pattern of direct payment receipts by member states is a function of patterns of production, in particular in the production of commodities for which compensation rates are highest. We continue to argue for CAP reform and we have succeeded in reducing CAP spend by 13% in this MFF.

We agree that it is disappointing that administrative costs remain high. My hon. Friend was right to say that those costs are 6%, which are higher than they should be. We continue to hold the institutions to their commitment to reduce staff headcount by 5% a year.

The hon. Lady touched on the EFSI, which we voted in favour of because we judged that it was an effective way to leverage private financing for growth, including infrastructure. Those funds will be allocated through a competitive process. Funding needed to be found within the limits of the MFF and, in such circumstances, that is a reasonable approach.

On migration, the UK will not participate in relocation because we believe that it fails to address the cause of the problems—it will act as a pull factor to the EU and simply move the problem around Europe. A greater impact can be made in conflict regions, which is why we are the second largest bilateral donor to the Syrian relief effort. We will continue our significant efforts to ease the burden on front-line member states by providing practical, on-the-ground support. In the past three years, the UK has contributed more resource to support missions run by the European Asylum Support Office than any other member state, with more than 1,000 expert working days contributed in deployments to Greece, Italy, Bulgaria and Cyprus.

The Government will continue to champion the need for an efficient EU budget that provides good value for the UK taxpayer and firmly press to ensure fiscal discipline by limiting the budget size to deliver the Prime Minister’s MFF deal. In doing so, we will work with like-minded allies to deliver the best EU budget deal possible within the negotiation’s parameters. We continue to take difficult decisions to deal with deficits domestically, and such budget discipline is also needed at an EU level. We will, of course, keep members of the Committee updated as appropriate and I welcome their continued interest in this important issue.

Question put and agreed to.

Office of Tax Simplification

David Gauke Excerpts
Tuesday 21st July 2015

(8 years, 10 months ago)

Written Statements
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David Gauke Portrait The Financial Secretary to the Treasury (Mr David Gauke)
- Hansard - -

The Office of Tax Simplification (OTS) has been established today on a permanent basis as an independent Office of the Treasury.

The OTS was established as a temporary Office of the Treasury in 2010 to advise the Chancellor on options for addressing existing complexity in the tax system. It will be established on a statutory basis in Finance Bill 2016, as announced at summer Budget 2015.

A new framework document setting out the structure within which the OTS will operate has been published on the OTS website today, alongside terms of reference for two upcoming reviews.

[HCWS166]

Euro Area

David Gauke Excerpts
Tuesday 21st July 2015

(8 years, 10 months ago)

Westminster Hall
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Westminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.

Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

David Gauke Portrait The Financial Secretary to the Treasury (Mr David Gauke)
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It is a great pleasure to serve under your chairmanship, Sir David. I congratulate my right hon. Friend the Member for Wokingham (John Redwood) on securing this debate, and I thank all participants. It has been enlightening. I particularly congratulate my hon. Friend the Member for Stone (Sir William Cash) on his election—I am surprised that anyone would dare challenge him—and am delighted that he has been returned in place as Chairman of the European Scrutiny Committee.

As previous speakers have said, the UK’s relationship with the euro area and further euro area integration raise important challenges. That is particularly the case in the context of the situation in Greece. By not joining the euro, the UK retained the economic flexibility to adjust to shocks. This Government cannot be clearer: we are committed to keeping the pound and staying out of the euro area. Under protocol 15 of the treaties, the UK has a permanent opt-out from the euro area, so we are

“under no obligation to adopt the euro”.

That said, it seems likely that the euro area—I stress “the euro area”—will need further integration to stabilise its economy. That is the premise of the recent five presidents report. Our position is simple: the EU must be flexible enough to meet the interests of both those inside the euro area and those outside it. The single currency is not for everybody, but the single market is, so it must work for all of us. My right hon. Friend the Chancellor has made it clear that, as the euro area integrates, we will need to reconcile the integrity of the EU as a collection of 28 member states with the integration of the euro area as a currency union of 19 economies. Our interests as a euro-out must be protected.

The immediate outlook for the euro area is improving. Its first-quarter growth was 0.4%, the fastest rate of quarterly growth since 2011. Nevertheless, the outlook for growth remains sluggish, which should be of concern to us all. The lesson from our own experience in the United Kingdom is that what is needed to embed recovery is a mutually reinforcing mix of active monetary policy to stimulate demand, maintain price stability and support the flow of credit to the economy, clear commitments to medium-term fiscal discipline that provide a firm anchor for market confidence and a focus on growth-enhancing structural reforms to rebalance and strengthen the economy. We therefore welcome the European Central Bank’s recent actions to stimulate the economy and tackle the potentially damaging threat of deflation. However, as the latest forecasts show, ECB action alone is not sufficient to change materially the euro area’s growth trajectory. Structural reforms are crucial to support the effectiveness of the ECB’s action.

The Chancellor has long made clear his view that there is a remorseless logic meaning that the euro area, like any currency area, needs closer economic and fiscal integration to secure its future. The recently published five presidents report is part of an ongoing process to identify next steps to better governance in the euro area.

Julian Lewis Portrait Dr Lewis
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Is it our Chancellor’s view that there should develop in the eurozone a single state with a single Government?

David Gauke Portrait Mr Gauke
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The logic of the position—this point was made by numerous right hon. and hon. Members before the formation of the euro—is that if there is a currency union, certain other things flow from it. Indeed, we are seeing the consequences of that. In a way, it is the background to the five presidents report. It is part of an ongoing process to identify the next steps to better governance in the euro area. There is a clear appetite for reform demonstrated by the process, which echoes the conversations that the Prime Minister and Chancellor have had in their bilateral discussions. The Government have submitted two written contributions to the five presidents’ process. We note the report’s proposals and have set out its content and implications in an explanatory memorandum. Therefore the Government do not currently plan to issue a further formal response. However, although the report’s focus is on the euro area, many issues it covers affect the interests of all member states. The UK will therefore remain fully engaged in discussions in this area.

So far, other member states have expressed a range of views on the report’s proposals. It is worth nothing that these reviews have been mixed. As I said, it is in our interests that the euro is a successful, strong currency area, so we do not want to stand in the way of the euro area resolving its difficulties. However, we will not let integration of the euro area jeopardise the integrity of the single market or in any way disadvantage the UK. The Government are pushing for further reform to improve the single market, focusing on the digital single market; further liberalisation of sector-specific services; and better regulation for small and medium-sized enterprises.

In return for supporting the euro area’s efforts to stabilise its economy, we want a settlement between the UK and the euro area that protects the single market, that is stable and fair and that lasts. This is in the interests of everyone—it is the basis for stable and sustainable governance of a reformed and prosperous EU—and is one of the UK’s important objectives in its renegotiation with the EU.

It has been 40 years since the British people last had a say on our EU membership. The organisation has changed vastly since then and it is time that we addressed this matter. The British public are clear that they are not happy with the status quo. My right hon. Friend the Prime Minister is determined to address those concerns. He has already talked about four areas where he wants change: sovereignty, competitiveness, immigration and fairness. For example, ever-closer union—a theme that runs through the five presidents report, to some extent—may be right for others, but it is not right for Britain, and change should include increasing economic competitiveness to create jobs and growth for hard-working families, and reforming welfare to reduce the incentives that have led to mass immigration from Europe. Those things are important to us. These reforms will improve fairness, which cuts to the heart of today’s debate: protecting Britain’s interests outside the euro. They will also improve the EU’s effectiveness as a whole. We want a dynamic, competitive, outward-focused Europe, delivering prosperity and security for the benefit of every country in the EU, with the UK playing its role.

William Cash Portrait Sir William Cash
- Hansard - - - Excerpts

In a nutshell, on current account transactions, the UK runs a deficit with the other 27 member states of well over £60 billion a year. Germany, on the other hand, runs a surplus in the same year. How on earth can we continue on that basis?

David Gauke Portrait Mr Gauke
- Hansard - -

In the time available, I will not attempt to address that point in great detail. I hope my hon. Friend will forgive me.

A key part of the UK’s response to the five presidents’ process was the need to focus reforms, as well as the work of the institutions that the presidents represent, on the important priorities of delivering jobs, growth and stability to the European economy. Working alongside national Parliaments to drive competitiveness and streamline costly processes should be at the heart of the EU’s mission. That will be the foundation of public support and legitimacy for the EU.

Efforts to improve competitiveness go hand in hand with improving our own productivity. We support the euro area in sorting out its own problems so it can function more effectively. We will not allow further integration of the euro area to jeopardise the integrity of the single market, or in any way disadvantage euro-out countries like the UK.

Finance Bill

David Gauke Excerpts
Tuesday 21st July 2015

(8 years, 10 months ago)

Commons Chamber
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David Gauke Portrait The Financial Secretary to the Treasury (Mr David Gauke)
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I beg to move, That the Bill be now read a Second time.

As my right hon. Friend the Chancellor set out in the recent Budget, the British economy is fundamentally stronger than it was five years ago. The deficit has been halved as a percentage of GDP; for the first time since 2001-02 debt as a share of GDP is falling; the UK was the fastest growing economy in the G7 in 2014, and we are expected to repeat that in 2015, too. We have more individuals in work than ever before, and wages continue to rise above inflation.

Having come so far, we need to stick to our long-term plan for economic recovery. The first Finance Bill of this Parliament demonstrates this Government’s commitment to continuing the plan to build a productive, balanced and secure economy, which delivers for working people at every stage of their lives.

I shall happily take interventions this afternoon, but let me first set out to hon. Members the order in which I intend to discuss the measures in the Bill. I shall begin by talking about those measures that are intended to support working people through the tax system. Next, I shall set out how the Bill will help put the public finances in order by tackling tax avoidance, evasion, non-compliance and imbalances in the tax system. Finally, I shall talk about how the summer Finance Bill 2015 will take the first steps in implementing measures to improve the UK’s productivity.

I shall begin with those measures designed to help hard-working people keep more of the money they earn, a principle to which this Government are committed. We have a proud record on reducing tax for the lowest paid. As a result of action taken in the previous Parliament, 27.5 million individuals saw their typical income tax bill reduced by £825. This Finance Bill makes even further progress, by increasing the tax-free personal allowance to £11,000 in 2016-17 and to £11,200 in 2017-18. As a result of those changes, a typical basic rate taxpayer will be £80 better off in 2016-17 compared with in this tax year. Further, the higher rate threshold will also increase from £42,385 in 2015-16 to £43,000 in 2016-17—£300 more than the amount announced in the March Budget. That will take 130,000 individuals out of the higher rate of tax by 2016-17.

It is the firm belief of this Government that individuals working 30 hours a week on the national minimum wage should not pay income tax. That is why this Finance Bill will enshrine that link in law for future increases in the personal allowance. Once the personal allowance has reached £12,500, it will always be at least the equivalent of 30 hours a week on the national minimum wage. Until that point, my right hon. Friend the Chancellor will have a legal duty, when setting the personal allowance, to consider the financial impact on an individual working 30 hours on the national minimum wage. This Finance Bill also delivers another legislative commitment to low levels of taxation. It introduces aspects of the five-year tax lock by ruling out increases in income tax and VAT for the duration of this Parliament.

Finally, this Government know that the wish to pass something on to one’s children is the most basic human aspiration. To give hard-working people the security of knowing that they can continue to provide for their families after they have gone, this Bill phases in a new £175,000 per person transferable allowance when a person’s home is passed on at death to their direct descendants. This means that by the end of this Parliament, the effective inheritance tax threshold for married couples and civil partners will be £1 million.

At the same time, to ensure that those with the broadest shoulders continue to bear the biggest burden, this new allowance will be gradually withdrawn for individuals with assets of more than £2 million. This reform will be paid for by cutting down on the £34 billion that the Government spent on pensions tax relief in 2013-14 —two thirds of which goes to higher and additional rate taxpayers. The benefits of pensions tax relief for top earners will be restricted by tapering away the annual allowance for those with a total income of over £150,000 from April 2016.

These are important measures, rewarding and supporting the efforts and aspirations of working Britain—and doing so in a fair and balanced way.

Richard Fuller Portrait Richard Fuller (Bedford) (Con)
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In the previous Parliament, under the previous Government, one outcome was that the wealthiest in the country paid a higher proportion of tax than they did under the preceding Government. Do this Government intend that to continue to be the case in this Parliament?

David Gauke Portrait Mr Gauke
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I can confirm to my hon. Friend that that will continue to be the case. We have set out a Budget that is balanced, ensuring that those with the broadest shoulders continue to bear the greatest burden.

I now turn to the way in which the summer Finance Bill 2015 will help to fix the public finances. We know that the UK’s economic recovery is well established, with growth at 3% in 2014, and continued robust growth for 2015 and 2016, according to the Office for Budget Responsibility’s forecast. But this country needs the economic security of running a surplus, and, if we are to achieve that, a further £37 billion in fiscal consolidation is required over the course of this Parliament. To deliver that, the summer Budget included measures to tackle tax avoidance and tax planning, evasion and compliance and imbalances in the tax system, which will collectively raise £5 billion a year by 2019-20.

This Finance Bill implements a number of those measures. First, it includes provisions preventing private equity and some hedge fund managers from exploiting tax loopholes to avoid paying the full rate of capital gains tax. Secondly, it removes the ability for companies to use UK losses and reliefs against their controlled foreign company charge. That will improve the effectiveness of the UK CFC regime in countering aggressive tax planning by multinational companies. Thirdly, the Bill legislates to stop a potentially significant tax planning risk, whereby corporate groups exploit tax rules for asset transfers between related parties. This puts it beyond doubt that the tax rules cannot be manipulated to prevent profits from being charged to tax.

Patrick Grady Portrait Patrick Grady (Glasgow North) (SNP)
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The International Monetary Fund recently said that developing countries lose £212 billion a year through corporate tax avoidance by multinational companies. Transparency will be absolutely crucial in dealing with that, but the Bill makes no mention of public country-by-country reporting. Will the Government look carefully at that, and at any amendments that might come forward, given that it would enable people in the developing world to see the taxes that companies pay locally for their benefit?

David Gauke Portrait Mr Gauke
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The UK has been instrumental in bringing in country-by-country reporting to tax authorities as part of the OECD’s base erosion and profit shifting project, which will be of great assistance to tax authorities. We want to ensure that developing countries can benefit from that co-operation between tax authorities and from greater use of data. The publication of country-by-country reporting is best approached multilaterally.

But we should all acknowledge the progress that has been made. For example, much more information is now available to tax authorities, enabling them to assess large companies’ tax strategies. One proposal in the Budget earlier this month was to make UK-based multinational companies publish their tax strategies. Such information would help to incentivise behaviour away from aggressive tax avoidance, which Members in all parts of the House wish to address.

Sammy Wilson Portrait Sammy Wilson (East Antrim) (DUP)
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Does the Minister accept that the target of £5 billion is really small beer when one considers the amount of tax that many multinational companies, including those that operate here in the UK, avoid paying by moving their profits around?

David Gauke Portrait Mr Gauke
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No, I do not accept that. Indeed, if one looks at Her Majesty’s Revenue and Customs’ tax gap publication, which identifies where the tax gap falls, one sees that, in terms of avoidance and acting contrary to the intention of Parliament, we should not overstate the element that is corporation tax avoidance by large multinationals. It is important that we address it, but one should not believe that it amounts to a huge pot. We have taken a number of steps in this area, some of which are operational. For example, we have supported HMRC to expand its large business service. Again, further progress on that was announced in the Budget. We have introduced the diverted profits tax, which came into force earlier this year. That is a very significant measure to address aggressive tax avoidance. We want to take further steps. Indeed, the base erosion and profit shifting project, which the OECD is running, means that we can hopefully take further steps in future. But those areas are best dealt with on a multilateral basis, and the UK has been very engaged in ensuring that there is progress in that area. I hope that there will be further progress on that front later this year.

Once again, this Government have introduced a Bill that makes it clear that avoidance and evasion by corporates and wealthy individuals will not be tolerated. But fixing the public finances also means that everyone in Britain must pay their fair share of tax. The vast majority of people pay their tax on time and in full, but a small minority of taxpayers refuse to pay what they owe despite having the money to do so. The Finance Bill introduces direct recovery of debts, giving HMRC the power to recover tax and tax credit debts directly from debtors who have debts of over £1,000 and more than £5,000 in the bank.

The UK must remain competitive as a global financial centre, but it is only fair that the contribution banks make reflect the risk they pose to the UK economy. The Finance Bill introduces a new supplementary tax of 8% on banking sector profit, while gradually reducing the full bank levy rate over the Parliament. That will ensure that banks contribute a further £2 billion to the short-term task of deficit reduction, while ensuring the lowest tax rate of banks’ profit in the G7 nations.

George Kerevan Portrait George Kerevan (East Lothian) (SNP)
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In the shift to the new tax on banks, the Government are sweeping in mutual banks, building societies and the smaller challenger banks. That creates problems both in capital accumulation for the mutuals and in the ability of the new challenger banks effectively to gain capital to take on the larger banks. Is that an accident, or has some decision been taken to penalise those organisations?

David Gauke Portrait Mr Gauke
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The first point I have to make is that banks with the smallest profits do not pay the surcharge. There is a minimum level to protect the very smallest banks. The bank levy that was introduced early in the previous Parliament reflected some of the issues that existed at that time. It was designed in part to encourage a different type of behaviour that would reduce risks. Regulatory changes have rather addressed that particular point. The move to a surcharge—a higher level of corporation tax—is sensible and timely given some of the changes that have been made. It is not possible in those circumstances to carve out those institutions that we like and dislike beyond putting in that de minimis level. That was a sensible approach to take.

Richard Fuller Portrait Richard Fuller
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Perhaps the Minister can clarify the intention of the levy. Is it to continue modifying behaviour? Do we need it because we have concerns about systemic risk, or because we want to close the deficit?

David Gauke Portrait Mr Gauke
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Essentially, it is to ensure that the banking sector, which poses particular risks and which benefits from implicit guarantees, makes a fair contribution to the public finances. I hope that provides some clarity to my hon. Friend.

Mark Durkan Portrait Mark Durkan (Foyle) (SDLP)
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The Financial Secretary seems to imply that the banking levy, which was developed at the start of the previous Parliament, was essentially an ephemeral need that has now been taken care of by subsequent regulation. Banks have been able to cope with the fact that they have, essentially, a too big to fail subsidy—the VAT exemption. They have been able, with the levy, to absorb record-breaking fines for their own misbehaviour. Now he is saying that that is all to the good and that we do not need that same system of taking from the banks. Surely we do, though. They need to make a contribution to the public purse.

David Gauke Portrait Mr Gauke
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There is no disagreement over the need for a contribution from the banking sector towards the public purse. We have concluded that the better way to make that contribution is through a corporation tax surcharge, and that is what we are introducing. There was also a particular argument in 2010 about trying to influence behaviour, but, to some extent, that has now been addressed by a new regulatory regime. I agree that there is a need for a contribution. What we have here is a new surcharge on the banking sector, which performs precisely that task.

Britain’s insurance premium tax is also well below rates in many other countries, such as Germany, so this Bill proposes an increase to 9.5%. but that applies to only one fifth of all premiums. The Government are also committed to meeting their climate change objectives in a cost-effective way. Over the next five years, the climate change levy exemption for renewable energy is due to cost £4 billion, one third of which would subsidise overseas projects that bring no benefit to the UK. This Finance Bill therefore takes urgent action to stabilise CCL revenue.

Finally, to make the tax system fairer, the Bill restricts the amount of tax relief landlords can claim on property finance costs to the basic rate of income tax. That will ensure that landlords with the largest incomes no longer receive the most generous tax treatment. We are tackling tax avoidance by wealthy individuals and corporates, addressing imbalances in the tax system and taking bold steps to ensure that it remains fair.

Caroline Lucas Portrait Caroline Lucas (Brighton, Pavilion) (Green)
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The hon. Gentleman made a point a moment ago about the removal of the climate change levy for green energy. Does he recognise that that measure, by being retrospective and incredibly disproportionate to the ends he is trying to achieve, will seriously disrupt the green energy sector? The sector is already massively concerned about that. He talks about the importance of cost-effective measures to reaching green energy outcomes. Onshore wind is one of the most cost-effective energies out there, but his measures are undermining it.

David Gauke Portrait Mr Gauke
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I do not accept that point. Removing this exemption will achieve better value for money in the Government’s support for low-carbon generation by targeting support directly at generators and preventing UK taxpayers from subsidising overseas renewable projects that bring no benefit to the UK. That was the weakness; that was the failure of the existing regime, and it is right that we address it.

I now wish to deal with productivity. As my right hon. friend the Chancellor set out in the recent Budget, the rate of UK productivity has been a historical problem. It is vital to increase our productivity, because that is one of the fastest routes to creating jobs and raising the standard of living for everyone. Earlier this month, we published our productivity plan, setting out how we will tackle this long-term challenge. This Bill implements a number of measures taking this plan forward. A stable tax regime with competitive rates and strong investment incentives is essential to drive productivity forward. In the previous Parliament, the main rate of corporation tax was cut from 28% to 20% as a central part of the Government’s economic strategy. This Bill goes further, by cutting it to 19% in 2017 and 18% in 2020, saving businesses more than £6 billion by 2021 and giving the UK the lowest rate of corporation tax in the G20.

Lord Dodds of Duncairn Portrait Mr Nigel Dodds (Belfast North) (DUP)
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The Minister will know that the Stormont House agreement contains plans to have a lower rate of corporation tax for Northern Ireland, if the Assembly and the Executive so decide. He knows the problems that exist on the implementation of that agreement. Will he undertake to continue to work with the Northern Ireland Executive—with those parties that want to make progress economically in Northern Ireland—to ensure that that corporation tax relief is introduced as quickly as possible?

David Gauke Portrait Mr Gauke
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I am happy to give that undertaking to the right hon. Gentleman. We have always been clear that the devolution of corporation tax was dependent on stability in the finances for Northern Ireland, and I believe we agree on that point. We want to be in a position to implement that policy and I know he is also keen to implement it, but it is dependent on proper progress being made, and I entirely agree with him on that point.

To provide certainty to business and encourage investment in plant and machinery, the Bill also sets the annual investment allowance at the permanent higher level of £200,000. Improving productivity also means prioritising investment in infrastructure.

George Kerevan Portrait George Kerevan
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The reality surely is that the AIA is being cut from the de facto £500,000 per year to £200,000, so it is not an increase. Doing that at the same time as cutting corporation tax runs the risk that firms’ accumulated reserves will be used to buy back shares rather than to go into productive investment, thereby meaning that the productivity growth the Government are seeking will not be achieved.

David Gauke Portrait Mr Gauke
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I do not accept that point. First, the increase to £500,000 was temporary, as we always made clear. Very strong representations were made by business groups that what was important was putting a permanent level in place. We have the highest permanent level ever; at £200,000 it is twice the level we inherited in 2010, at a time when corporation tax rates are substantially lower. This is therefore a much more generous regime than we have had before. Our changes to corporation tax rates are an important measure in encouraging investment. I am sure I will be corrected if I am wrong, but I do not believe it was that long ago that the Scottish National party was advocating a corporation tax rate of 18%. I am sure the SNP is delighted that there will be a rate of 18% across all the United Kingdom.

Andrew Gwynne Portrait Andrew Gwynne (Denton and Reddish) (Lab)
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Before the Minister moves off the issue of support for businesses, may I say that although there are many measures in the Bill to support businesses that we welcome, many of my local small businesses are eagerly awaiting the Government’s review on business rates later this year? Will he give some indication that those small businesses in my constituency will not end up worse off as a result of changes that may be planned to the business rates?

David Gauke Portrait Mr Gauke
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Our record on business rates is that we have consistently looked after the interests of small businesses: we have extended small business rate relief on numerous occasions; we have introduced the rebate for retail premises; and we have made a number of reforms to business rates to assist small businesses in particular, as well as capping increases in business rates. A review is ongoing and I am not going to make any announcement today, however nicely the hon. Gentleman asks me what its contents will be. It is ongoing and the consultation period has only relatively recently finished. We are keen to progress this and we have brought forward the timetable by which we will complete that review; we will have something by the end of the year.

Improving productivity also means prioritising investment in infrastructure. Our road network has suffered from decades of underinvestment. This Bill implements reforms to vehicle excise duty to support the creation of a roads fund. The reforms will ensure that VED still incentivises purchases of the cleanest cars, while putting revenues on a sustainable long-term footing.

Caroline Lucas Portrait Caroline Lucas
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The Minister will not be surprised to hear that I completely disagree with him, but it is not just me, as the Society of Motor Manufacturers and Traders also says that this change to VED means that the take-up of low-emission vehicles will be disincentivised. How can that be a positive thing to do? He talks about productivity and in other places about the importance of air quality, but these measures, again, undermine both.

David Gauke Portrait Mr Gauke
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That is an unlikely alliance, but what I say to both the hon. Lady and the SMMT is that there is still an incentive in the first year and the evidence suggests that that is most important in influencing behaviour. There are incentives within the system.

David Gauke Portrait Mr Gauke
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I will give way to the hon. Gentleman; an even more unlikely alliance might be about to be formed with the hon. Lady.

Sammy Wilson Portrait Sammy Wilson
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I can assure the Minister that there is not likely to be an alliance between me and the hon. Lady or her party. The revenues will apply to a roads fund for England, but what arrangements does the Minister intend to put in place for the tax that is collected in places such as Northern Ireland and for that money then to be diverted to infrastructure projects for roads in that part of the United Kingdom?

David Gauke Portrait Mr Gauke
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I understand the good point that the hon. Gentleman is making. There will be a need for discussions with the Northern Ireland Executive to ensure that we reach a sensible conclusion to reflect the various requirements across all the United Kingdom. I hope he appreciates that we understand the point he is making.

Through backing businesses and supporting infra- structure investment, this Bill will take important steps to boost our productivity, creating growth and prosperity for all.

Before I conclude this speech I would like to comment briefly on the Government’s tax policy making process. At the start of the last Parliament, the coalition set out its ambition to improve the tax policy making process, through high levels of consultation and legislative scrutiny. That approach was welcomed by tax professionals, and I am delighted to inform the House there have been real achievements. More than 150 formal and informal consultations on tax changes took place over the past five years, and our commitment to publish the majority of Finance Bill clauses in draft was met. I can confirm that this new approach will continue into this Parliament. Indeed, since the recent Budget, we have already published more than 10 consultations on tax policy proposals for future Finance Bills. I should also add that we are establishing the Office of Tax Simplification on a permanent footing as from today, and I am delighted that we are able to do that.

The Finance Bill before us today, at the start of the new Parliament, sets out the priorities and direction of this Government. Our direction is simple: towards stability and prosperity. The Bill rewards work and supports aspiration through lower taxes for working people; helps fix the public finances by tackling avoidance, evasion and imbalances in the tax system; and takes important steps in improving the UK’s productivity. I am delighted to commend it to the House.

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David Gauke Portrait Mr Gauke
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I am grateful to the hon. Lady for informing the House that the official Labour party position is to abstain. Will she clarify: is she speaking for her Back Benchers today, because it does not always follow?

Shabana Mahmood Portrait Shabana Mahmood
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That was not quite the cutting put-down that the Minister might have envisaged. That is our position, and that is what all our party will be doing today.

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Shabana Mahmood Portrait Shabana Mahmood
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My hon. Friend makes an important point. I wonder whether we would have the tax lock had it not been for the VAT bombshell poster we unveiled or for the exchanges at Prime Minister’s questions ahead of the general election. Ministers were certainly very quick to write such a law, and despite the Chancellor having suggested in 2009 that passing laws to ensure promises on taxation are kept was a very bad idea, he was very quick to convert to that cause. Nevertheless, they are passing a law on the tax lock. It was Labour party policy, and we are very pleased that we pushed the Conservative party into our territory in agreeing that the rates for ordinary people on lower and middle incomes should not go up.

Another change we support is on the annual investment allowance. I am pleased that the direction of travel has been set out for the whole Parliament. That contrasts very strongly with what happened during the last Parliament, when lots of chopping and changing on capital allowances definitely undermined business investment. Even if the deal is less generous, with a decrease from £500,000 to £200,000, it is important that businesses at least know that the deal they are going to get will last a lot longer than it previously did.

As my hon. Friend the Member for Denton and Reddish (Andrew Gwynne) has mentioned with respect to the expected changes on corporation tax, there is a lack of concrete proposals for business rates. The Financial Secretary has raised expectations and hopes of real change on business rates when the consultation is finally unveiled later this year. We will certainly look at whether the business rates burden will come down for small and medium-sized companies.

David Gauke Portrait Mr Gauke
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The hon. Lady mentioned corporation tax. The Bill includes measures to reduce it first to 19% and then to 18%. Will the Labour party support those reductions, oppose them—after all, that was its position—or abstain?

Shabana Mahmood Portrait Shabana Mahmood
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As the Financial Secretary knows because we have already had such an exchange—I feel we are reliving our greatest hits—on a number of occasions in the past couple of years, our policy at the general election was our manifesto commitment not to go ahead with the corporation tax cut from 21% to 20%. We would not have gone ahead with that additional cut to 20%, but instead used all the money to pay for a cut to business rates this year and a freeze next year. It was a direct switch spend. We wanted to make a commitment to small and medium-sized businesses in our country to do something practical on business rates, but we needed to find a way to pay for that, and we chose to switch-spend in respect of the additional corporation tax cut. We of course lost the election, and the Government are proposing a further decrease of the corporation tax rate. We will support the corporation tax measures, but we will ask questions about what that means for the future direction of travel.

Following an intervention, the Financial Secretary mentioned the BEPS project. On corporation tax more generally, it is important—given how some companies seek to shift profits and game international taxation rules—to have international agreement. Concern has already been expressed in some quarters that some of the countries with which we need to do business and with which we need to agree international tax rules might start to see us as a tax haven. I disagree with such a characterisation, but there is such a risk in getting agreement within the OECD BEPS process. I would welcome it if Treasury Ministers could, in Committee, provide further details about what is happening and about how our friends in the BEPS process are reacting and responding to the Government’s proposal on the headline rate of corporation tax.

One measure we have already voted against relates to inheritance tax. Clause 9 introduces an additional residence nil-rate band for inheritance tax when a home is passed to the direct descendants of the deceased on or after 6 April 2017. The provision, which runs to more than 400 lines, is extremely technical, but it in effect allows parents to pass on a house worth £1 million to their children free of inheritance tax. We have made it clear that the focus of tax cuts should be to help people on middle and lower incomes and to tackle tax avoidance. The Treasury has admitted that 90% of households will not benefit from the Government’s inheritance tax policy. Their priority should be to help the majority of families and first-time buyers struggling to get a home of their own, rather than a further cut to the rate of inheritance tax at this stage.

Oral Answers to Questions

David Gauke Excerpts
Tuesday 21st July 2015

(8 years, 10 months ago)

Commons Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
David Rutley Portrait David Rutley (Macclesfield) (Con)
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7. What fiscal steps he is taking to support businesses.

David Gauke Portrait The Financial Secretary to the Treasury (Mr David Gauke)
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In addition to the measures we took in the last Parliament, in the summer Budget we announced that we will: cut the main rate of corporation tax to 19% in 2017 and 18% in 2020; publish a business tax road map by April 2016, giving businesses the certainty they need to plan for long-term investment; support business investment by increasing the annual investment allowance from £25,000 to £200,000—its highest ever permanent level; and increase the employment allowance from £2,000 to £3,000.

David Rutley Portrait David Rutley
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The announcement that national insurance and corporation tax will both be further lowered will be welcome news for businesses in my constituency and across the country, as we take forward our long-term economic plan. The Labour party went into the election promising to increase tax on businesses. Does my hon. Friend agree that that is the wrong approach and that it is by lowering taxes that we best back businesses to create the jobs needed by our families?

David Gauke Portrait Mr Gauke
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First, may I express my sympathies to my hon. Friend’s constituents affected by the tragic incident in Bosley on Friday? I know he raised that matter in the House yesterday. I agree with him that if we want to improve investment in the UK, and therefore productivity, we should be looking to cut corporation tax, not raise it. It would have been a big mistake to have reversed the progress we have made.

Clive Efford Portrait Clive Efford (Eltham) (Lab)
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Actually, Labour’s plan at the last election was to cut business rates for small businesses. The Chancellor neglected to mention business rates in the Budget, so can the Minister tell us how the review is going and give us a guarantee that it will not result in an increase in business rates?

David Gauke Portrait Mr Gauke
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I have to remind the hon. Gentleman that Labour’s manifesto included a plan to increase corporation tax. A review of business rates is being undertaken, and it will report by the end of the year. Remember that it was the previous Government who in 2013 announced a package of business rates cuts worth £2.7 billion, and only this April we introduced a further set of measures that reduced business rates by £1 billion, so we have a proud record on this.

Steve Double Portrait Steve Double (St Austell and Newquay) (Con)
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18. Small businesses are the backbone of our economy in Cornwall. While many are thriving under the policies of this Government, those in the tourism industry are experiencing a downturn in business as a result of families not being able to take their children out of school during term time. Is the Minister prepared to meet me to look at the economic impact that policy is having on the Cornish economy and the challenges those businesses are facing?

David Gauke Portrait Mr Gauke
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Pupils should be in school during term time, and we believe that needs to be properly enforced. We have said that schools should have greater flexibility in setting their own term dates, which might help address the matter. I am happy to meet my hon. Friend to discuss this, but I know that he has already done so with Education Ministers.

Alison McGovern Portrait Alison McGovern (Wirral South) (Lab)
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Let me bring the Minister back to the important issue of business rates, because we have a crisis on our hands. There are reports that the valuation office is now having to deal with 500 appeals a day. Will he just throw businesses a rope? They do not believe that the Government will change a thing, so will he offer them an interim report on their review in September?

David Gauke Portrait Mr Gauke
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We are pressing ahead with various proposals to improve the administration of business rates, but I remind the House that it was the previous Government who brought in measures such as the rebate for retail and the 2% cap, so we have introduced measures to help on business rates and we are introducing measures to improve their administration as well.

Dawn Butler Portrait Dawn Butler (Brent Central) (Lab)
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8. What discussions he has had with the Secretary of State for Work and Pensions on the effect of proposed changes to employment support allowance on levels of employment.

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William Wragg Portrait William Wragg (Hazel Grove) (Con)
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9. What fiscal steps he is taking to support small businesses.

David Gauke Portrait The Financial Secretary to the Treasury (Mr David Gauke)
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Small businesses are the lifeblood of our economy and the Government are committed to helping them grow and prosper. In the summer Budget we announced that we will increase the employment allowance from £2,000 to £3,000 to help small businesses with the cost of employment, and support business investment through the highest permanent level for the annual investment allowance. We will also transform the tax system over the course of this Parliament by introducing digital tax accounts.

William Wragg Portrait William Wragg
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The Government’s policies are creating a climate of economic confidence. However, they are also having the effect of strengthening the pound against other currencies, particularly the euro, which many small exporters in my constituency tell me is making the price of their exports uncompetitive. What advice and support can my hon. Friend give to those small and medium-sized exporters in Hazel Grove so that they can continue to lead our economic recovery?

David Gauke Portrait Mr Gauke
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We recognise that the recent weakness in our European trading partners has presented a particular challenge for SMEs trying to export. The Government are working hard to help British businesses export to a wider variety of destinations, contributing to strong recent performance in key emerging markets. That help includes a £20 million package of support this year for first-time exporters, but we need to do more and our productivity plan sets out how we will do that.

Simon Danczuk Portrait Simon Danczuk (Rochdale) (Lab)
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Will the business rates review help small businesses? It is a simple question for a simply smart Minister.

David Gauke Portrait Mr Gauke
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I am grateful for that question—I think. It is a review; I do not want to judge in advance what the conclusions will be, but we have engaged very fully with small business organisations and listen very carefully to what they have to say, and we will report by the end of the year.

Rishi Sunak Portrait Rishi Sunak (Richmond (Yorks)) (Con)
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10. What progress he has made on his deficit reduction plans.

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Steve McCabe Portrait Steve McCabe (Birmingham, Selly Oak) (Lab)
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11. What estimate he has made of the net change in revenue to the public purse that will arise from tax changes announced in the summer Budget 2015.

David Gauke Portrait The Financial Secretary to the Treasury (Mr David Gauke)
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The change in revenue from tax changes announced in the summer Budget is shown in the Budget document. It shows that net receipts increase by between £4 billion and £6.5 billion in each full year of the forecast period. The Government pledged to raise £5 billion per year from tax. The measures announced in the Budget mean that by 2019-20, the Government will have delivered on their targets, raising £5 billion from avoidance and tax planning, evasion and compliance, and imbalances in the tax system.

Steve McCabe Portrait Steve McCabe
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Ernst and Young points out that the rise in household taxes is reducing disposable income, with £47.2 billion of tax rises, including the insurance premium tax and vehicle excise duty. Does the Minister accept that over the course of this Parliament, these tax rises are twice as big as any tax cuts?

David Gauke Portrait Mr Gauke
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We said at the election that we would raise a further £5 billion in tax, but we have one question from a Labour MP complaining about the deficit being too high, we have Labour voting against any measures to control spending, and now we have Labour complaining about any tax increases. So where do they stand? We failed to find coherence from the Labour party in the last Parliament and there is no sign of it in this Parliament.

Peter Bone Portrait Mr Peter Bone (Wellingborough) (Con)
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20. Over this Parliament, the UK will pay £27 billion more in EU contributions because the EU has failed to cut farm subsidies. Would it not help our revenues if the EU actually kept their word?

David Gauke Portrait Mr Gauke
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My hon. Friend is of course aware of the historic deal that the Prime Minister achieved in February 2013, when for the first time ever we saw a real-terms cut in the EU budget. That was a significant achievement, and we obviously want to preserve and build on it.

Philip Boswell Portrait Philip Boswell (Coatbridge, Chryston and Bellshill) (SNP)
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The Chancellor has made some noise—indeed, the Minister mentioned this—about closing tax avoidance schemes exploited by private equity and hedge fund managers, specifically the “Mayfair” tax loophole. Can he confirm that he intends to close these loopholes?

David Gauke Portrait Mr Gauke
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We achieved a huge amount in the previous Parliament on tax loopholes. In the Budget, the Chancellor set out plans for additional resources for Her Majesty’s Revenue and Customs to raise even more in dealing with tax avoidance and tax evasion. The particular example that the hon. Gentleman mentions relates to the long-standing treatment of the capital gains tax applying to private equity—something that has existed for many years and applied in most other countries. The Budget contained a number of measures that were designed to close loopholes for the private equity and hedge fund industries.

Victoria Prentis Portrait Victoria Prentis (Banbury) (Con)
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12. What assessment he has made of recent trends in the level of employment.