Debates between Baroness Laing of Elderslie and David Gauke during the 2010-2015 Parliament

Wed 2nd Jul 2014
Wed 15th Jan 2014

Finance Bill

Debate between Baroness Laing of Elderslie and David Gauke
Wednesday 2nd July 2014

(10 years, 4 months ago)

Commons Chamber
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Baroness Laing of Elderslie Portrait Madam Deputy Speaker
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Order. I have already reminded the House that the content of Ministers’ speeches is not a matter for the Chair, and that is not a point of order.

New Clause 1

Oil contractor activities: ring-fence trade etc

‘Schedule (Oil contractors: ring-fence trade etc) contains provision about the corporation tax treatment of oil contractor activities.’—(Mr Gauke.)

Brought up, and read the First time.

David Gauke Portrait Mr Gauke
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I beg to move, That the clause be read a Second time.

Baroness Laing of Elderslie Portrait Madam Deputy Speaker (Mrs Eleanor Laing)
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With this it will be convenient to discuss the following:

Government new clause 2—Determination of beneficial entitlement for purposes of group relief.

Government new clause 3—General Block Exemption Regulation.

Government new clause 4—Co-operative societies etc.

Government new clause 5—Tax relief for theatrical production.

Government new clause 6—Exclusion of incentivised electricity or heat generation activities.

Government new schedule 1—Oil contractors: ring-fence trade etc.

Government new schedule 2—General Block Exemption Regulation.

Government new schedule 3—Taxation of co-operative societies etc.

Government new schedule 4—Tax relief for theatrical production.

Government amendments 42, 43, 5, 6, 1, 2, 4, 11 to 14, 7 to 10, 15 to 41, 3 and 44 to 66.

David Gauke Portrait Mr Gauke
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I will attempt to speak briefly to this long list of Government new clauses, new schedules and amendments, although I will respond later in the debate if any questions are raised.

New clause 1 and new schedule 1 make changes to provide a fair amount of taxation for activities carried out on the UK continental shelf in connection with the UK’s oil and gas resources. The Government are committed to maximising the benefits that the North sea can bring to the UK economy while ensuring that all companies benefiting from the UK’s natural resources, either directly or indirectly, pay their fair share of tax.

The UK is not currently receiving a fair amount of tax from companies that provide drilling rigs and accommodation vessels to the oil and gas industry. Many of those companies own their assets in lower tax jurisdictions overseas. Those assets are then leased to associated entities operating on the UK continental shelf through specialised leasing arrangements known as bareboat charters, giving rise to a large deductible leasing expense in the UK. That results in up to 90% of operating profit made in the UK being moved overseas.

This measure will cap the amount the UK base contractor can claim as a deductible expense for those leasing payments. It will ensure that companies pay a fair amount of tax for the activities they carry out in connection with the UK’s valuable natural resources.

New clause 2 makes changes to corporation tax group relief rules to remove an unintended restriction that has been identified in current anti-avoidance legislation. That legislation is well targeted and limits the opportunities for avoidance, for example through artificial groupings. However, the rules are triggered in limited circumstances where conditions are agreed or imposed on a group by the Government or a statutory body. That is clearly unintended.

The clause proposes a restricted amendment to section 169(2) of the Corporation Tax Act 2010 to exclude from the definition of “arrangements” situations where conditions are agreed or imposed by the Government. That will ensure that the anti-avoidance rules are more effectively targeted for the future and that companies involved in these specific commercial arrangements will have improved access to group relief. The amended rules will continue to ensure that they prevent manipulation of company control and group status and will continue to restrict access to group relief where appropriate. That will maintain the fairness and consistency of the tax system.

Government new clause 3 and amendments 42 and 43 make a number of changes to three capital allowances: enhanced capital allowances for zero-emission goods vehicles; enhanced capital allowances for enterprise zones; and business premises renovation allowances. All are state aids designed to comply with the general block exemption regulation. The existing regulation ended on 30 June and a new one took effect from 1 July. Although it is similar to its predecessor, the new regulation contains a number of differences that need to be reflected in those reliefs. The new clause and the amendments do that. Broadly, they ensure that various definitions found in those reliefs refer to the new general block exemption regulation.

In the case of enterprise zone allowances, it also excludes expenditure on energy generation, distribution or infrastructure, and broadband networks; restricts qualifying expenditure incurred by large companies in certain enterprise zones to new economic activities; and requires companies that make a production process more efficient to ensure that the qualifying expenditure exceeds by value at least three years’ depreciation of the machines being replaced.

New clause 4 and new schedule 3 make technical changes to the tax legislation applying to co-operative and community benefit societies, industrial and provident societies, European co-operative societies and credit unions to ensure that the definitions used in the legislation are clear, up to date and work as intended. There has been no policy change on the taxation of the various societies or the reliefs available to them, or indeed their members. There will be no effect on their tax position, but the changes we are making will ensure that the legislation is accurate and fully in accordance with the policy intention.

New clause 5 will introduce an additional corporate tax deduction and payable tax credit for theatre production costs. Production companies will be eligible for a payable tax credit worth up to 25% of qualifying expenditure for touring productions and 20% for all other productions. These provisions will be available from September for producers of a wide range of theatre and performance, supporting plays, musicals, dance, ballet, opera and circus.

Finance (No. 2) Bill

Debate between Baroness Laing of Elderslie and David Gauke
Tuesday 1st April 2014

(10 years, 7 months ago)

Commons Chamber
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David Gauke Portrait Mr Gauke
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The Labour party presided over the greatest recession that this country has seen for more than a century, which had an impact on people’s living standards. It is now up to this party and this coalition Government—[Interruption.]

Baroness Laing of Elderslie Portrait Madam Deputy Speaker (Mrs Eleanor Laing)
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Order. Surely the House wants to listen to the Minister. A little quieter.

David Gauke Portrait Mr Gauke
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After the mess we inherited, how do we ensure that we build up the economy and get the sustainable growth that will increase living standards? The answer is set out in this Finance Bill.

It is worth pointing out the measures in the Bill that the Labour party will vote against this evening. There is the annual investment allowance, which will help manufacturing and other businesses up and down the country. It means that nearly 5 million businesses will get 100% relief on capital expenditure. That was welcomed by the hon. Member for Houghton and Sunderland South. Labour Members will vote against that. There are the reforms to R and D tax credits, which will help businesses to start up. [Interruption.]

Baroness Laing of Elderslie Portrait Madam Deputy Speaker
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Order. I am not going to ask any more polite questions. The House must listen to the Minister. Stop talking among yourselves.

David Gauke Portrait Mr Gauke
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Thank you, Madam Deputy Speaker.

Labour Members will oppose the R and D tax credit. There are the reforms to the carbon price floor, which will help manufacturing industry and ensure that the UK is not uncompetitive. They will vote against that, against the interests of businesses in their constituencies.

On the issue of pensions flexibility, the shadow Chief Secretary to the Treasury, the hon. Member for Nottingham East (Chris Leslie), said that the debate following the Budget was diverted by the attention on annuities, but it is fair to say that the Leader of the Opposition was not diverted by annuities in his response to the Budget. Since then, we have seen confusion from the Labour party. Labour Members have said that they are worried that people will spend recklessly and that that will create a burden on the public finances. They should know something about that, but they should not judge other people by their standards. The truth is that the Labour party does not trust the public with their money and that that feeling is mutual.

On the subject of avoidance, the Bill’s measures mean that £9 billion in additional revenue will be collected over the next five years. Avoidance will be tackled as a consequence of the Bill. It is also worth pointing out that HMRC’s yield over the course of this Parliament will be almost double its yield over the course of the previous Parliament. That is the progress that we have made on tax avoidance and evasion.

We are helping with the cost of living. There are hon. Members, including on the Opposition Benches, who have long campaigned for their constituents who have relatives in the Caribbean or south Asia. We are helping with air passenger duty, but Opposition Members will be voting against that measure.

On the starting rate of income tax for savers, we are cutting a 10p rate, not doubling a 10p rate. That will mean that 1 million more people will no longer pay tax on their savings. Opposition Members will be voting against that.

The personal allowance will increase to £10,000 this year and £10,500 next year. Opposition Members will be voting against that. Were they to succeed, the personal allowance in 2015-16 would be not £10,500, but £9,880. That would mean that millions of people would pay £124 a year more in tax as a consequence of the way that Labour votes.

Banking

Debate between Baroness Laing of Elderslie and David Gauke
Wednesday 15th January 2014

(10 years, 10 months ago)

Commons Chamber
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David Gauke Portrait Mr Gauke
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No, I shall make some progress.

We did not hear anything about the bankers’ bonus tax from Labour today—at least we do not see much about it in its motion—although it is customary on these occasions for Labour to identify yet another spending programme to be funded by it. [Interruption.] I wonder whether there was no mention of it today because the Opposition are embarrassed by previous occasions when they have claimed that more would be paid—[Interruption.]

Baroness Laing of Elderslie Portrait Madam Deputy Speaker (Mrs Eleanor Laing)
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Order. This has been a quiet and dignified debate. Members who were not present during it have now come into the Chamber. I ask them to have the courtesy to listen to the Minister.

David Gauke Portrait Mr Gauke
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Thank you, Madam Deputy Speaker. I do not know whether the Opposition are embarrassed by previous occasions when they claimed more would be paid from a bankers’ bonus tax than was actually paid in bankers’ bonuses. Perhaps they have noticed that if they cap bonuses they will get less tax from them. They may want to revise their numbers on that.

It has to be pointed out that it has been estimated that City bonuses in 2012-13 were more than 85% lower than at their peak in 2007-08. I know there is genuine concern about bank bonuses encouraging short-term high-risk behaviour, but it is not just the amount that matters; it is also the structure of the bonuses. There is a difference between cash bonuses and bonuses paid in shares with the opportunity for clawback if there is bad behaviour or a need to rebuild regulatory capital. Under the PRA remuneration code, large parts of bonuses must be deferred and paid in shares, aligning the interests of the employee with the long-term interests of the bank. The implication of many of today’s comments is that there is a concern about total remuneration, yet the motion and everything we have heard from the Labour Front Bench is about only one part of remuneration: bonuses. The reality is that the European directive and the policy pursued by Labour will drive up salaries. It is not clear why the Opposition are interested in only one aspect of remuneration, and we have certainly not had an explanation of that. It is also worth pointing out that the Governor of the Bank of England was critical of a cap in his evidence to the Treasury Committee this afternoon.

I am pleased that Labour appears to support the virtues of competition, but that was not its record in government. There were 10 banks in 1997, but that figure reduced over the following 13 years. The Cruickshank report, produced in 2000, was supposed to encourage more competition, but it was blocked by the Treasury and nothing was done. Our record has involved a much greater focus on competition, and it is a primary objective of the Financial Conduct Authority and a secondary objective of the Prudential Regulation Authority. We have a payment systems regulator, which makes things easier for small businesses, and we have changed the application process to make it much more proportionate for new businesses. Furthermore, the regulators indicate that 22 new banks are interested in acquiring authorisation in the UK.

On empowering consumers, our new switching policy saw a 54% increase in switching in December, compared with the year before. We have heard Labour’s proposals for a quota system. We do not have the details, of course, but simply reducing the number of branches of one bank will not create huge new levels of competition. There are concerns about branches being lost under Labour’s proposals. Most significantly of all, the Governor of the Bank of England told the Treasury Select Committee this afternoon that that would not help with competition. One other person has been critical of that policy in the past. In April 2011, the shadow Chancellor said that

“there is no need to break up institutions”.

The last Labour Government’s record on the banking sector was lamentable. Their regulatory system failed, and their attempts to ensure that individuals were held to account also failed. They tried to ensure that bonuses did not create perverse incentives, but that failed. They tried to encourage more competition; that failed. They tried to protect taxpayers’ money, but that failed too. Their record is one of failure, and until they acknowledge that, there is no reason why the British people should take anything they say on this matter seriously again.

Question put.