Out-of-Turn Supplementary Estimates 2022-23
Graham Stuart Excerpts(1 year, 8 months ago)
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The Minister for Climate (Graham Stuart)
I thank all Members who have spoken in this wide-ranging debate. The hon. Member for Ealing North (James Murray) spoke for His Majesty’s Opposition, and I say to him that the decision on the timing of this provision was made by the Monetary Policy Committee as part of the Bank of England. My right hon. Friend the Member for Wokingham (John Redwood) made, as usual, the most perspicacious observations, not least about the importance of grappling with the high cost to the public purse of these interventions. As the Financial Secretary to the Treasury said, he was right to say that this very much depends on prices, and one hopes that we will see the costs coming in lower than in the estimate before the House.
The hon. Member for Glasgow Central (Alison Thewliss) talked about the impact of prices on businesses and other organisations in her constituency. She is right that these are significant prices. They are the result of global prices. She will be aware that the EU is in a similar position and is looking at how best to break the link between gas prices and electricity prices. She will doubtlessly support the elements of the Energy Prices Bill that look to decouple those prices and do everything they can to hold prices down.
The hon. Lady will also observe that the world-leading contracts for difference scheme brought in by the Government and now widely mimicked by others has provided the capital certainty to make renewables in this country investible, thus leading to the transformation of our offshore wind. Renewables have gone from, I think, a pitiful 6.8% of electricity provision when Labour left power in 2010 to more than 40% today. Contracts for difference, brought forward by the Government, have not only contributed to that, but right now we are seeing tens of millions of pounds being paid back into the pot because of their structure, thus reducing costs that businesses and consumers would otherwise see.
Alison Thewliss
I appreciate the points that the Minister is making about contracts for difference, but does he not agree that the grid charging regime penalises generators of offshore and onshore wind in Scotland, making it more expensive for them to generate electricity than a power station in the south-east of England?
Graham Stuart
Grid charges need to reflect the costs involved. As the hon. Lady will be aware, we are reviewing and looking at how best to deal with the grid going forward, because the grid is fundamental to everything we want to do in this space. There is room for change, but I am not sure that I necessarily agree with her. I will wait for others more expert than me to come forward with recommendations for ministerial decision on how best to structure that. Removing price signals from the system would not be beneficial. We need price signals in there; that is right and proper.
The hon. Lady mentioned heating oil. I represent a rural constituency with many consumers on heating oil. The Government looked carefully and shared information showing that from September 2021 to September 2022, heating oil costs increased by average of about 147%. We also looked at what has happened to gas prices after the effect of the EPG, and they have increased by 130%. That is why the £100 covers that. The numbers are there—we can see what the average family spends and what the increase has been, so we can make the comparison.
Given the party that the hon. Lady represents, I understand that she will always say that we should do more. That is one thing, but what she cannot say—or she should not, and I appeal to her not to do so—is that it is not fair between those on the gas grid and those on heating oil. Some might want to do more overall, but I believe, and I think our numbers show, that we are creating something equitable between the two. It is important that people who are often in isolated rural areas and can feel hard done by are not told that they are being unfairly treated compared with others. They are not. Even if it suits a political purpose, it is important that politicians do not make such allegations unless there is a basis for them, because then they would be not serving those people well but misleading them. I know that she in particular would never want to do that.
Energy is an essential and unavoidable expense for households and businesses. The economic fallout from the pandemic and the ongoing war in Ukraine has led to unprecedented rises in energy prices. The Government will provide crucial support to families and businesses with their energy costs over the winter period.
Munira Wilson
I thank the Minister for giving way. I have finally won—he would not give way last week when I had an amendment to discuss on communal heating networks.
The Minister made a strong political point about fairness. Last week, I said that people on communal heating networks living in particular in blocks of flats in my constituency and across London and the country have faced heating price rises of more than 500%, yet the support package they were offered was not equivalent to that of other households, so there was a fundamental unfairness. Everybody is subject to the six-month review, so will the Minister guarantee from the Dispatch Box that when the Government review the package for other households, communal heat networks will get the equivalent support that they were promised all along? They were offered only six months.
Graham Stuart
I thank the hon. Lady for her intervention. It is great that she mentions particular difficult cases with such passion. She will recognise that moving at speed to try to create something comparable for everyone, as we did, is challenging and complex. The purpose of the review is absolutely to look across the piece. We will continue to monitor the prices that people have to put up with, whether they are off grid or on communal heating networks, and we will also look to ensure that any future intervention is done in a way that is as fair and well informed as possible.
Through the energy price guarantee scheme, we are capping the price that consumers will pay for their electricity and gas bills, reducing the average household bill by about a third this winter and saving a typical household about £700. The scheme will run from October to March 2023. That is in addition to the £400 energy discount provided by the Government for all households through the energy bills support scheme. Support will be provided to non-domestic energy customers including businesses, charities, schools and hospitals through the energy bill relief scheme. That will provide a discount on non-domestic energy bills to protect against the significantly inflated wholesale gas and electricity prices that have affected non-domestic customers. That scheme will operate from October to March 2023 and provide an equivalent level of support to the domestic scheme.
The schemes, taken together, will provide essential support to families and businesses to see them through the winter. Looking beyond April, the Government cannot continue to be exposed to the volatility of wholesale gas and electricity prices. That would be unsustainable for both the taxpayer and the public finances. That is why the Government are committed to reviewing both the energy price guarantee scheme and the energy bill relief scheme to consider how we may support households and businesses over the longer term from April 2023.
Question put and agreed to.
Resolved,
That, for the year ending with 31 March 2023—
(1) for expenditure by the Department for Business, Energy and Industrial Strategy:
(a) further resources, not exceeding £60,176,000,000, be authorised for use for current purposes as set out in HC 794 of Session 2022-23, and
(b) a further sum, not exceeding £60,176,000,000, be granted to His Majesty to be issued by the Treasury out of the Consolidated Fund and applied for expenditure on the use of resources authorised by Parliament; and
(2) for expenditure by HM Treasury:
(a) further resources, not exceeding £11,175,000,000, be authorised for use for capital purposes as set out in HC 794 of Session 2022-23, and
(b) a further sum, not exceeding £11,175,000,000, be granted to His Majesty to be issued by the Treasury out of the Consolidated Fund and applied for expenditure on the use of resources authorised by Parliament.
Ordered, That a Bill be brought in upon the foregoing Resolution relating to Out-of-Turn Supplementary Estimates, 2022-23;
That the Chairman of Ways and Means, the Chancellor of the Exchequer, Edward Argar, Andrew Griffith, Richard Fuller and Felicity Buchan bring in the Bill.
Supply and Appropriation (Adjustments) Bill
Presentation and First Reading, and remaining stages
Andrew Griffith accordingly presented a Bill to authorise the use of resources for the year ending with 31 March 2023; to authorise the issue of sums out of the Consolidated Fund for that year; and to appropriate the supply authorised by this Act for that year.
Bill read the First time; to be printed (Bill 170).
Motion made, and Question put forthwith (Order, 19 October, and Standing Order No. 56), That the Bill be now read a Second time.
Question agreed to.
Bill accordingly read a Second time.
Question put forthwith, That the Bill be now read the Third time.
Question agreed to.
Bill accordingly read the Third time and passed.
Stamp Duty Land Tax (Reduction): Business of the House
Ordered,
That the following provisions shall apply to the proceedings on the Motion for Resolution ‘Stamp duty land tax (reduction)’ and to proceedings on any Bill brought in upon the Resolution:
Timetable
(1)(a) Proceedings on the Motion for Resolution ‘Stamp duty land tax (reduction)’, proceedings on presentation and first reading of any Bill brought in upon the Resolution, proceedings on Second Reading and in Committee of the whole House, any proceedings on Consideration and proceedings on Third Reading shall be taken in two days in accordance with this Order.
(b) Proceedings on the Motion for the Resolution and proceedings on Second Reading shall be taken at today’s sitting and shall (so far as not previously concluded) be brought to a conclusion three hours after the commencement of proceedings on the Motion for this Order.
(c) Proceedings in Committee of the whole House, any proceedings on Consideration and proceedings on Third Reading shall be taken on the second day and shall (so far as not previously concluded) be brought to a conclusion two hours after the commencement of proceedings in Committee of the whole House.
(d) This paragraph shall have effect notwithstanding the practice of the House as to the intervals between stages of a Bill brought in upon Ways and Means Resolutions.
Timing of proceedings and Questions to be put
(2) When the proceedings on the Motion for the Resolution have been concluded and the Bill has been read the first time and ordered to be printed, the Order for the Second Reading of the Bill shall be read.
(3)(a) When the Bill has been read a second time it shall, despite Standing Order No. 63 (Committal of bills not subject to a programme order), stand committed to a Committee of the whole House without any Question being put.
(b) When the Order of the Day is read for the House to resolve itself into a Committee on the Bill, the Speaker shall leave the chair without putting any Question and the House shall resolve itself into a Committee forthwith, whether or not notice of an Instruction has been given.
(4)(a) On the conclusion of proceedings in Committee of the whole House, the Chair shall report the Bill to the House without putting any Question.
(b) If the Bill is reported with amendments, the House shall proceed to consider the Bill as amended without any Question being put.
(5) For the purpose of bringing any proceedings to a conclusion in accordance with paragraph (1), the Chair or Speaker shall forthwith put the following Questions in the same order as they would fall to be put if this Order did not apply:
(a) any Question already proposed from the chair;
(b) any Question necessary to bring to a decision a Question so proposed;
(c) the Question on any amendment, new Clause or new Schedule selected by the Chair or Speaker for separate decision;
(d) the Question on any amendment moved or Motion made by a Minister of the Crown;
(e) any other Question necessary for the disposal of the business to be concluded; and shall not put any other questions, other than the question on any motion described in paragraph (12)(a) of this Order.
(6) On a Motion made for a new Clause or a new Schedule, the Chair or Speaker shall put only the Question that the Clause or Schedule be added to the Bill.
(7) If two or more Questions would fall to be put under paragraph (5)(d) on successive amendments moved or Motions made by a Minister of the Crown, the Chair or Speaker shall instead put a single Question in relation to those amendments or Motions.
(8) If two or more Questions would fall to be put under paragraph (5)(e) in relation to successive provisions of the Bill, the Chair shall instead put a single Question in relation to those provisions, except that the Question shall be put separately on any Clause of or Schedule to the Bill which a Minister of the Crown has signified an intention to leave out.
Other proceedings
(9) Provision may be made for the taking and bringing to a conclusion of any other proceedings on the Bill.
Miscellaneous
(10) Standing Order No. 15(1) (Exempted business) shall apply to any proceedings to which this Order applies.
(11) Standing Order No. 82 (Business Committee) shall not apply in relation to any proceedings to which this Order applies.
(12)(a) No Motion shall be made, except by a Minister of the Crown, to alter the order in which any proceedings on the Motion for the Resolution or the Bill are taken, to recommit the Bill or to vary or supplement the provisions of this Order.
(b) No notice shall be required of such a Motion.
(c) Such a motion may be considered forthwith without any Question being put; and any proceedings interrupted for that purpose shall be suspended accordingly.
(d) The Question on such a Motion shall be put forthwith; and any proceedings suspended under sub-paragraph (c) shall thereupon be resumed.
(e) Standing Order No. 15(1) (Exempted business) shall apply to proceedings on such a Motion.
(13)(a) No dilatory Motion shall be made in relation to proceedings to which this Order applies except by a Minister of the Crown.
(b) The Question on any such Motion shall be put forthwith.
(14)(a) The start of any debate under Standing Order No. 24 (Emergency debates) to be held on a day on which the Bill has been set down to be taken as an Order of the Day shall be postponed until the conclusion of any proceedings on that day to which this Order applies.
(b) Standing Order No. 15(1) (Exempted business) shall apply in respect of any such debate.
(15) Proceedings to which this Order applies shall not be interrupted under any Standing Order relating to the sittings of the House.
(16)(a) Any private business which has been set down for consideration at a time falling after the commencement of proceedings on this Order or on the Bill on a day on which the Bill has been set down to be taken as an Order of the Day shall, instead of being considered as provided by Standing Orders or by any Order of the House, be considered at the conclusion of the proceedings on the Bill on that day.
(b) Standing Order No. 15(1) (Exempted business) shall apply to the private business so far as necessary for the purpose of securing that the business may be considered for a period of three hours.—(Richard Fuller.)
Downing Street Parties: Police Investigation
Graham Stuart Excerpts(2 years, 5 months ago)
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Michael Ellis
I have to say that a quick Google analysis of the SNP would not be particularly edifying. Despite noises off, this Prime Minister is focused on what matters to the British people and it is right that those matters conclude in an orderly way.
Graham Stuart (Beverley and Holderness) (Con)
I welcome the investigation. We can see the absolute terror on the faces of the Opposition. For them, this is partygate, but they know that they are up against a Prime Minister and a Government who have brought youth unemployment to its lowest ever level. This Government, led by the Prime Minister, brought us the AstraZeneca vaccine and ensured that we had the most successful booster programme in the world. That is why there is absolute terror on the Opposition Benches that we should focus on policy in this place and on the priorities of the British people. That is why the Opposition are so desperate to land this even as the inquiry is going on.
Michael Ellis
I agree completely. The Prime Minister also welcomes the announcement by the Met police today, because alongside the Sue Gray inquiry, which he set up, we will offer the public the clarity that they need to help draw a line under these events.
Taxation (Cross-border Trade) Bill (Eighth sitting)
Graham Stuart Excerpts(6 years, 5 months ago)
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Peter Dowd
That is spot on. We have raised that issue time after time. Having sunset clauses and taking control back is a sign of a confident Government who are strong and stable and know their direction of travel. That is why I am sure that every Government Member of the Committee will support the amendment’s specific proposal for a sunset clause.
The Parliamentary Under-Secretary of State for International Trade (Graham Stuart)
I just want to pay tribute to the hon. Gentleman and to the Labour party, because Labour does not just talk about sunset clauses; it actually works on them. And it is noticeable, frankly, that with real momentum behind sunset clauses, moderate leaders, councillors and moderate MPs are being hounded out. That is a true sunset clause.
Kirsty Blackman
Further to that point of order, Mrs Main. In addition to the other thanks, I think this has been a very good debate and we have spoken in a lot of detail about a huge variety of issues, because the Bill covers a number of different things. The amount of knowledge expressed in the room has been a good display of what Parliament can do when it is doing something in the right way.
In particular, I say a huge amount of thanks to the Clerks, who have been absolutely invaluable in their support to me. I could not have done this without them—they have been fantastic, so I thank them so much.
Graham Stuart
Further to that point of order, Mrs Main. I will not repeat all the thanks that my right hon. Friend the Financial Secretary so eloquently made. I agreed with every word he said. Obviously, as the new boy on the block I thank him for his support, and I thank the Committee for being indulgent of me. In fact, the astonishing amiability and amicability of Opposition colleagues even in the face of my tetchiness is something on which I shall have to reflect over the weekend.
I thank all the Department for International Trade staff who supported me in work on the Bill. With HMT, we are bringing forward a piece of legislation that has been subject to good humoured but forensic scrutiny, not only from witnesses but from members of the Committee. I thank all the staff, Clerks and others for their support.
Bill to be reported, without amendment.
Taxation (Cross-border Trade) Bill (Fourth sitting)
Graham Stuart Excerpts(6 years, 5 months ago)
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Anneliese Dodds
I agree with much of what the hon. Lady said. We heard on Tuesday some of businesses’ concerns about consultation even relative to the Bill. It is important, when we move on to its exact provisions, that we have proper consultative mechanisms. I have certainly benefited hugely from the input into the process around the Bill and information from the Fairtrade Foundation and Traidcraft. If this Government are truly committed to policy coherence for development, it is important that they ensure that non-governmental organisations with expertise on the ground in international development can comment on preferential trade decisions, which could have a significant impact on different nations.
I was encouraged by what the Minister said to me when we talked about ensuring policy coherence for development when it comes to tax treaties. We need to ensure that that is the reality for our preferential trading regimes as well. One way to do that is by having appropriate consultation with experts in the area.
Finally, the Library note to the Bill, which was enormously useful as always, says that,
“the Government argues that the negative procedure is appropriate here as regulations might be lengthy, technical, frequently changed, not yet known and/or administrative.”
The note goes on to indicate what the EU process is for such schemes. It is quite different from what the Government propose:
“The regulations setting out the current EU scheme…were adopted by the EU Parliament and Council”,
meaning that there was debate within both those organisations. Our country is represented in the Council, and our MEPs represent us in the European Parliament. Then there are
“provisions allowing technical/routine updates through Commission delegated regulations.”
Again, delegated regulations can involve thorough scrutiny. I suggest that in many ways, it is far easier for an MEP to trigger a debate on a piece of delegated legislation on the Floor of the European Parliament than for an MP to do so in the British Parliament, certainly when the negative procedure is used, but also, potentially, when the affirmative procedure is used, given the arithmetic of Committees mentioned by the hon. Member for Aberdeen North. It is enormously important that we have proper scrutiny of such provisions. One way of embedding that is by having appropriate consultation. We support the amendment.
The Parliamentary Under-Secretary of State for International Trade (Graham Stuart)
It is a great pleasure to serve under your chairmanship, Mrs Main. It is an intimidating task that falls to me. I see many familiar faces, all pretty experienced and used to being in Bill Committees, as well as the Rolls-Royce Minister to my left. Fortunately, I am backed by the most extraordinary sea of talent behind me, as well as having on my right a much improved Treasury Whip, compared with his predecessor.
Amendment 108 seeks to create a statutory duty to consult on regulations relating to unilateral trade preferences for developing countries. The Government sought views on unilateral preferences as part of the trade White Paper and proposed creating a trade preference scheme that, as a minimum, maintains the preferential market access of countries in the EU’s generalised scheme of preferences, or GSP. The Government regularly engage with stakeholders on the issue, and—I can undertake—will continue to do so in future.
Kirsty Blackman
I appreciate the Minister speaking on these matters in Committee, and I welcome him to his place. He is absolutely right about the importance of the preferential trade agreements, but perhaps we had a slight misunderstanding. I am not suggesting that opposition to such agreements would be likely. It is just that some organisations such as Fairtrade and Traidcraft have been in touch with us, and they might have better insight into what is happening on the ground in some of those countries. They might be able to provide more information to ensure that the preferential tariffs being provided unilaterally are the most appropriate ones.
The amendment is not about trying to create a blockage in the system. My reason for moving it is not about protecting our industries, but about ensuring that the best possible preferences are put in place for those countries that most need them. That is more likely to happen if there is an opportunity—a requirement, I suppose—for the Government to consult, in particular those bodies and organisations working in the country which can be absolutely clear about the best way forward for any trade deals.
If the Minister is clear that he will consult, that is useful. However, I intend to press the amendment to a vote.
Graham Stuart
I am disappointed that the hon. Lady will press for a Division, not because the points she has made are not important, not because the Government should not consult and listen to those voices, and not because we should not seek to improve our programme of support for developing countries, but because to put consultation in at that particular point in the process will not deliver the outcome that she desires and might in fact cause damage to the very system that we all want to see improved and working properly after having taken such consultation.
We are in regular contact with external stakeholders. We hold roundtables with representatives of civil society, business and academia, and we have received about 20 responses on trade with developing countries as part of the White Paper consultation. We have heard support from some of the organisations that the hon. Lady mentioned for creating a UK preference scheme, and an understanding of our approach to maintaining in the first instance existing levels of market access as we leave the EU. In effect, we are replicating the system we have now. In the oral evidence earlier this week, the Committee heard someone from the Fairtrade Foundation say of the measure:
“It takes the best bits of current EU policy and brings them over into UK policy.”––[Official Report, Taxation (Cross-border Trade) Public Bill Committee, 23 January 2018; c. 21, Q23.]
In some areas, stakeholders have suggested changes for the future, including extending to more countries, simplifying rules and adding more products. All of that can be considered by Government. I suggest to the hon. Lady that it is not too late not to press this amendment to the vote, because I do not think it is appropriate, although I take on board entirely the points she is making.
Kirsty Blackman
I still intend to press this to a vote.
Question put, That the amendment be made.
Anneliese Dodds
This seems like a sensible amendment, particularly because accessing that nil rate is crucial for so many nations. If there is ambiguity around the conditions, they need to be clarified. Definition, initially, as a least-developed country, is partly with reference to vulnerability to economic shocks. Inability to access that nil-rate, or inability have it reinstated when it should be, could cause economic shocks. As we know, the value of access to the nil-rate to UK markets for least-developed countries is incredibly important—it is £323 million a year. It is important that we have no ambiguity and are absolutely crystal clear.
Graham Stuart
As we have heard, the amendment seeks to clarify that the regulations may provide for the restoration or reinstatement of the nil rate of import duty to least-developed countries where this has been suspended or withdrawn. It is clearly important that we can reinstate preferential rates of import duty after they have been suspended or withdrawn, but the Government do not believe that the amendment is required. The existing power enables the withdrawal or suspension of preferences to least-developed countries to be partial and reversible. That is in line with the general principles relating to regulation-making powers. It goes to show that even when you deal with lawyers as eminent as those at the Law Society of Scotland, they sometimes get it wrong, even technically.
The Government intend to use the power to suspend sparingly and, if used, we will work with the relevant country with a view to reinstating preferences as soon as is appropriate. For trade preferences to be effective, they must be relatively stable, so that businesses have confidence to make decisions to import from beneficiary countries. I therefore ask the hon. Member for Aberdeen North to withdraw the amendments and give a categorical assurance that a provision to do what they suggest is already in place.
Kirsty Blackman
Having looked at subsection (2), I still do not think it is particularly clear. It says that the scheme can make provision about the withdrawal, but then does not make clear that it can be reinstated. I will not press it to a vote because I hope the Government will table an amendment on Report to make it clear that they have the ability to reinstate the rate. I would not like a situation in which the Government were unable to do so because there was a challenge around the language used in the law. The amendment seeks to make it as unambiguous as possible. The hon. Member for Oxford East was absolutely clear on the importance of nil rates, particularly in relation to economic shocks. SNP Members would echo that. I am not going to press it to a vote, but I would appreciate it if the Minister would consider returning to the matter on Report. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Question proposed, That the clause stand part of the Bill.
The Chair
With this it will be convenient to discuss the following:
Amendment 80, in schedule 3, page 57, line 18, at end insert “among other things”.
This amendment provides that the Secretary of State may have regard to things other than the classification of least developed countries by the UN in amending the list in Part 2 of Schedule 3.
That schedule 3 be the Third schedule to the Bill.
Amendment 10, in clause 32, page 19, line 32, after “which” insert
“section (Preferential rates given unilaterally: enhanced parliamentary procedure, etc) (7) applies and”.
This amendment is consequential on NC4.
New clause 4—Preferential rates given unilaterally: enhanced parliamentary procedure, etc—
(1) No regulations may be made by the Treasury in exercise of the power in section 10(1) except in accordance with the steps set out in subsections (2) and (4) to (6).
(2) The first step is that a Minister of the Crown must lay before the House of Commons—
(a) a statement on the matters specified in subsection (3); and
(b) a draft of the regulations that it is proposed be made.
(3) Those matters are the reasons for—
(a) the proposed application and non-application of the scheme to each country listed in Parts 2 and 3 of Schedule 3;
(b) any proposed conditions for the application of the lower rates or nil rate, and
(c) any proposed provisions about the variation, suspension and withdrawal of the application of the lower rates or nil rate.
(4) The second step is that a Minister of the Crown must make a motion for a resolution in the House of Commons setting out, in respect of proposed regulations of which a draft has been laid in accordance with subsection (2)(b)—
(a) each country to which the proposed regulations apply;
(b) the proposed conditions for the application of the lower rates or nil rate, and
(c) the proposed provisions about the variation, suspension and withdrawal of the application of the lower rates or nil rate.
(5) The third step is that the House of Commons passes a resolution arising from the motion made in the form specified in subsection (4) (whether in the form of that motion or as amended).
(6) The fourth step is that the regulations that may then be made must, in respect of any matters specified in subsection (4), give effect to the terms of the resolution referred to in subsection (5).
(7) No regulations may be made under the following provisions unless a draft has been laid before and approved by a resolution of the House of Commons—
(a) section 10(4)(a) (meaning of “arms and ammunition”);
(b) paragraph 2(1) of Schedule 3 (power to add or remove countries from lists in that Schedule).
This new clause establishes a system of enhanced parliamentary procedure for regulations setting lower import duties for eligible developing countries, with a requirement for the House of Commons to pass an amendable resolution authorising the key provisions of the proposed regulations, and also requires that certain other regulations are subject to the affirmative procedure.
Graham Stuart
Clause 10 ensures that the UK can operate a unilateral trade preference scheme when the UK leaves the EU. It will provide the powers to implement a scheme that will enable the reduction of import duty on goods originating from developing countries. By legislating now, we can ensure continuity for businesses both in the UK and in those countries when the UK leaves the EU.
As you know, Mrs Main, the UK has a long-standing commitment to support developing countries to reduce poverty through trade. One important way to do that is to offer preferential access for their exports to the UK. Trade preferences will also provide opportunities for UK businesses, while enabling UK consumers to benefit from lower product prices. In 2016, the UK imported £19.1 billion of goods from countries receiving trade preferences.
The UK currently provides trade preferences through the EU’s generalised scheme of preferences. Under GSP, the product coverage and import duty rates for countries vary depending on their development levels and trade flows. The granting of a unilateral preference to facilitate the trade of developing countries should, under WTO rules, be based on objective criteria. The European Commission regularly updates EU legislation to reflect that. Examples include making changes to a country’s economic circumstances, or to the list of products in respect of which a country receives a preference. After the UK leaves the EU, similar legislative powers will be needed to establish and manage an effective trade preference scheme. Clause 10 provides for a power to create a trade preference scheme for eligible developing countries.
It is intended that the UK scheme will have tiers of preferences for groups of countries with different economic characteristics. The UK will reduce to zero the import duty on goods originating from the 48 least developed countries, except for the import of arms and ammunitions, which is called “everything but arms”. That fulfils an international commitment made in the UN sustainable development goals, and will provide vital support to the world’s poorest countries.
To maintain continuity at the point of exit, in the first instance the UK intends to mirror the EU’s scheme, which includes two further tiers, known as standard GSP and GSP-plus. The standard tier will reduce import duty on the majority of goods. The enhanced GSP-plus tier will reduce to zero the import duty applicable to those goods covered by the standard tier when such goods originate from economically vulnerable countries that make commitments on human and labour rights, environmental protection and good governance.
The trade preference scheme will allow for the variation, suspension and withdrawal of trade preferences in certain circumstances. For example, where the import of a good threatens serious injury to UK business, the preferential rate could be amended or revert to the standard customs tariff rate. That would take place following discussion with the specialised, expert Trade Remedies Authority. Importantly, a preference may also be varied or withdrawn from a country in response to serious and systematic human rights violations.
Schedule 3 lists the countries that are eligible to receive unilateral trade preferences. It is an objective list based on economic criteria. Countries in part 2 of schedule 3 are currently or recently classified by the UN as least-developed countries. Countries included in part 3 have not been classified by the World Bank as upper middle income or above for the last three consecutive years. Not all of the countries on the list will actually receive the trade preferences. Some of the eligible countries will trade with the UK under a different arrangement, such as a free trade agreement. In such a case, it is intended that the FTA terms will apply to that country instead. Schedule 3 gives the Secretary of State the power to amend the list of eligible developing countries when a country’s economic characteristics change. It is important that a UK preference scheme can react swiftly in such circumstances.
Amendment 80 will allow the Secretary of State to consider things beyond the UN’s classification of least-developed countries when deciding which countries must be provided with a nil rate of import duty. When determining whether a country is least developed, the Secretary of State must have regard to its classification by the UN but, importantly, other relevant considerations may be taken into account. The amendment is therefore unnecessary.
Anneliese Dodds
It is a pleasure to see the Minister in such a prominent role now. In his role as a Whip, he was of course fundamental to the operation of all the discussions that we have had in this Committee room, but it is good to see him speaking on these issues.
As the Minister intimated, the amendment relates to part 4 of schedule 3, which sets out the conditions under which amendments can be made to parts 2 and 3, including the lists of least developed countries and other countries eligible for preferential trading schemes. Colleagues will be aware that those schemes arose out of the work of the United Nations Conference on Trade and Development, which from the 1960s onwards argued for improved market access for developing countries as a means of fostering their economic development. The so-called generalised system of preferences was adopted in 1968.
The whole point about that—the Minister alluded to it—is that a generalised system of preference, just as with a customs union like that of the EU, is allowed as an exemption from the most favoured nation rules within the WTO. Those rules stipulate that no country can have a preferential trade agreement with any other country that is not offered to every other member of the WTO. It is therefore enormously important to have the ability to deviate from WTO rules to promote development.
As the Minister suggested, the arrangements have over time developed at EU level into, effectively, three different layers of preferential scheme for developing countries: the everything-but-arms approach, which applies to the least developed countries; the generalised system of preferences—GSP—and then GSP-plus which, as the Minister said, offers additional favourable terms to those countries fulfilling environmental and good governance requirements.
Will the Minister clarify one issue relating to GSP-plus, and my reading of the existing Bill, with regard to classification as another eligible developing country under part 3 of schedule 3? I thought that the Bill referred to the Secretary of State developing regulations with a view to
“among other things…classification by the World Bank”
and that those “other things” were not just economic factors but human rights and environmental considerations, as is the case with the GSP-plus system in the EU. I think that was what he intended to say, but it was not crystal clear and it would be helpful if he would clarify it.
Our amendment is focused not on the arrangements for GSP and GSP-plus countries, which I believe are all gathered under part 4 but, in practice, on the least-developed country regime—the successor to everything-but-arms, which the Government say they want us to take on board. It is positive that the Bill provides the possibility for a three-year transition period, so that countries currently described as least-developed countries can remain in the scheme for another three years, as a graduation period. However, particularly with regard to current EU developments, it seems that in the Bill, the Government are missing out on an important opportunity.
The Minister was correct to say that the current everything-but-arms regime does not explicitly include reference to human rights and the environment or other criteria, but there is pressure at EU level for those factors to be taken much more closely into account. Our country could play a key role in that. That is very important when we look at how the everything-but-arms process has worked in practice.
A very good case study is the sugar trade in Cambodia. The sugar industry in Cambodia has grown exponentially over recent times due to changes in the overall sugar price, but also due to the imposition of a preferential trading regime. That has not led to sustainable development. Instead, very large global conglomerates have captured much of the market. Ninety seven per cent. of Cambodia’s sugar exports went to the EU in 2012. Tate & Lyle bought 99% of those, and companies linked to it—or some of those which it has now sold off—were controlling much of the new sugar plantations in Cambodia.
Those plantations have been enormously controversial because they have involved the wholescale removal of families from their smallholdings. Many people illegally transferred into Thailand because the sugar plantations forced them off the land. The growth in the industry has not led to an increase in people’s incomes. In fact, the opposite has happened: it has led to many people becoming destitute who formerly were able to live at subsistence level at least. Some families from Cambodia have even taken cases against Tate & Lyle to our High Court because they were dispossessed of their land and are no longer able to live sustainably.
Other changes occurred around sugar in the EU—minimum pricing and its removal—but surely, given that example, we should think about whether we need to do more to try to stop developments of the kind that existed under the everything-but-arms initiative from occurring in any UK-specific schemes. There is certainly an argument in the development community about whether it is appropriate for human rights matters to be taken into account in trade deals. Particularly in the sugar market, very large corporations are making a huge benefit, but that has not led to a more sustainable income for ordinary people—quite the opposite.
In addition, it is important that other factors can be taken into account in these classifications and in determining whether countries should be on the list. Three years is a good graduation period but it may be necessary for some countries to have longer, especially if they are subject to a particular economic or other problem.
Furthermore, I understand that there are cases where countries have used additional considerations in relation to classification under these kinds of regimes. Norway has said that if a country is not classified as a least-developed country but is part of a customs union with other least-developed countries, it is a good thing because it promotes regional integration. That nation is also likely to share many trade characteristics with the least-developed countries, and therefore should be able to be allotted trade preferences on the same basis. Norway at least believes that it does not need a waiver from the WTO for that—not only is that not being actioned by the WTO, but Norway believes that it does not even need to approach the WTO for a waiver. We could be more ambitious in that regard, and I hope that as a result the Minister takes our suggestion on board.
Graham Stuart
I thank the hon. Lady for her passionate espousal of a number of interesting issues. I will respond as best I can, but my three weeks in this post probably does not match her many years of expertise.
As highlighted, clause 10 and schedule 3 ensure that the UK can operate a unilateral trade preference scheme when the UK leaves the EU, supporting our long-standing commitment to support developing countries. The group of least-developed countries, as set out in schedule 3, are among the poorest in the world. As I said, providing nil-rate import duty access to goods from those countries helps them to reduce poverty through trade and is part of the UN’s sustainable development goals. Clause 10 enshrines that in UK law, ensuring that the commitment will be maintained in future. The clause is not prescriptive about the level of import duty for other eligible developing countries—they are listed in part 3 of schedule 3—that are not designated as least developed. However, as I have mentioned and as the Government set out in the trade White Paper, the Government’s policy intention is to ensure continuity at the point of exiting the EU by replicating the market access of all countries currently part of the EU’s generalised scheme of preferences.
I take on board the fact that the hon. Lady talked about being more ambitious. We have said that, as a Government, we wish to be more ambitious, but we need to bring into place in this country continuity from the existing system and give assurance and confidence that we are not opening up. If we open up the issues more widely, we will create uncertainty as to what we will continue—we may be strengthening in some areas; we might weaken in others. I therefore ask the hon. Lady to accept that I need to think and talk to her over time about some of the issues that she has raised. We do want to be more ambitious in the future, but for now, we believe that the right thing to do is to have continuity with the existing system and bring that as effectively as we can into UK law.
The amendment proposes that changes to schedule 3 be done by the affirmative procedure. As I have mentioned, eligible developing countries will be determined with regard to the classification by the World Bank or UN. The Government need to be able to react promptly to a country’s change in economic circumstances. Similarly, the power to specify the meaning of the term “arms and ammunition” is intended to allow the preference scheme to adopt the same nomenclature enabled through clause 8 for the customs tariff, which will itself be constrained by international nomenclature.
As I said, our intention is closely to replicate the EU’s preference scheme, including the GSP-plus tier. That is the enhanced tier of preferences available for economically vulnerable countries that ratify the international conventions I have mentioned. We expect beneficiary countries to continue to respect the conditions in GSP-plus, including meeting those international obligations. Those conditions will be set out in secondary legislation, as clause 10(2)(b) allows.
The question is asked why we would give preference to Cambodia even though land disputes have occurred following the EU’s everything-but-arms access. A key objective of the UK is building the UK’s prosperity by increasing exports and investment and promoting sustainable global growth. Greater prosperity leads to greater stability. We are aware that the Government of Cambodia have taken steps to improve their issue of economic land concessions, such as introducing a compensation process. Furthermore, the Ministry of Environment cancelled more than 20% of all economic land concessions. For now, therefore, we continue to work through the EU’s GSP monitoring system, and we seek to bring the existing system into UK law.
Peter Dowd
I rise to speak to the Opposition’s new clause 4 and will also touch on schedule 3, if I may. We do want to require a vote in the House of Commons on the giving of preferential rates unilaterally to developing countries—I do not mean in relation to amendment 80, but in future. We can all agree that the Government have a responsibility to ensure that our trade policy works for everyone, including the poorest in society, and how tariffs are set has an important bearing on that.
The Minister was very clear and comprehensive about the Government’s direction of travel. I welcome him to his position—as a former Whip, he has come out of the darkness into the light—but I also agree that the current Government Whip, the hon. Member for Macclesfield, is much better.
Graham Stuart
I will respond to some of the points that the hon. Member for Bootle has just made. I pay tribute to him for featuring so well. He must be another fine engine, if not a Rolls-Royce. I have certainly heard him purr in this Committee Room on many an occasion. As with my right hon. Friend the Financial Secretary, I have admired the style and content he has presented.
The hon. Gentleman raised the issue of whether the trade preferences will undermine human and labour rights. The UK has a long-standing commitment to universal human rights, and that will be reflected in our trade preference scheme. As part of transitioning EU arrangements, we will maintain a similar approach to human rights commitments in UK trade policy.
The hon. Gentleman raised Burma, based on the Rohingya situation, and mentioned the fact that the EU has, after all, suspended Burma before. I agree that this is an important issue. The UK is deeply concerned by the violence taking place in Rakhine state. The UK has been a leader in responding to the crisis in terms of both speed and size, helping to meet the urgent humanitarian needs that have arisen. For now, we continue to work through the EU’s GSP monitoring system. Under a UK scheme, it will be possible for countries to have their preferences suspended, although we intend to reserve suspension powers for serious and systematic human rights violations.
We must make sure that when we act, it is always to tackle the problems in those developing countries, and that the long list that was laid out—including climate change, forestry and various aspects of human rights—is not used as an excuse for protectionism of interests in this country while we are morally posing ourselves as helping those in developing countries. That is why the presumption is that we should let them trade with us; however, in serious cases we should act. I hope that both this Committee and the House can continue to take that proportionate and balanced approach.
On the clauses that the hon. Gentleman says give too much power to the Government, and on the question whether there is sufficient parliamentary scrutiny and due process in setting up this preference scheme, I would say that these powers are moderate and entirely necessary to create and maintain a trade preference scheme for developing countries, which is a goal that we all share. The overarching principles of the preference scheme are set out in primary legislation. That is important. Parliament will have the opportunity to debate the inclusion of these principles and powers throughout the passage of the Bill. Parliament will later have the opportunity to consider regulations setting details of the scheme. The scheme will need to be updated regularly. As economies grow or contract, their eligibility for trade preferences will change over time. We must ensure that the legislation is kept up to date to ensure that we trade on fair terms and avoid challenge from the WTO.
I did not respond earlier to the point made by the hon. Member for Oxford East about amendment 80 and why the Secretary of State cannot consider factors other than the UN’s classification when deciding which countries are least developed. The Government have chosen to enshrine in UK law the obligation to provide nil-rate import duty to least developed countries. This meets a commitment the UK made in the UN sustainable development goals to implement duty-free market access for LDCs. As a result, there needs to be significant certainty on the list of LDCs in part 2 of schedule 3, because it is in primary legislation that this legal duty will be in place. Therefore it is right that the Secretary of State is closely bound to the internationally recognised UN classification. The distinction in language between sub-paragraphs (2) and (3) in part 4 of schedule 3 reinforces this point.
As a final remark, I will quote the Fairtrade Foundation, which said that
“from the perspective of developing countries, where in some instances there is a high dependency on the UK market…changes to tariffs could make or break the livelihoods of producers. If you were to ask for a vote on every single tariff change, that would not be workable, so this is about finding the right balance”.—[Official Report, Taxation (Cross-border Trade) Public Bill Committee, 23 January 2018; c. 19, Q21.]
Being balanced and proportionate is the basis of the Government approach, and I ask the Opposition not to press their proposed amendments.
Question put and agreed to.
Clause 10 accordingly ordered to stand part of the Bill.
Schedule 3 agreed to.
Clause 11
Quotas
Taxation (Cross-border Trade) Bill (Second sitting)
Graham Stuart Excerpts(6 years, 5 months ago)
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The Chair
I think that question has been posed in three different ways, so unless Mr Blackwell has anything else to say, I am not sure he can add to it.
Joel Blackwell: No.
The Parliamentary Under-Secretary of State for International Trade (Graham Stuart)
Q
Joel Blackwell: It is important that Members take note of the delegated powers Committee’s concerns on particular issues that it has highlighted. I do think that there is an issue with the use of the made affirmative procedure for cases that do not seem to me to be urgent; that procedure is used for reasons of urgency and should be confined to that. I have never been entirely clear or comfortable with the use of the first instance affirmative procedure. If it has been viewed that a provision should be subject to the affirmative procedure for the first time, it should be subject to the affirmative procedure all the time. The two Henry VIII powers are subject to the negative procedure as well. So there are issues with the Bill.
In terms of saying that the Bill is fine, yes, you have to use framework legislation for issues like this. What concerns the Hansard Society is when framework Bills are laid before Parliament and contain no detail whatsoever on the powers that they wish to confer on Ministers. The lack of an opportunity for the Government to provide draft regulations alongside scrutiny of this Bill, for example, will be a matter of concern, and is something we raised about the Welfare Reform Act 2012. So there are issues with framework Bills.
If there is a huge lack of detail on what the Government intend to do with delegated powers, what usually happens is that you get situations that we would like to avoid where you have clause 7 of the European Union (Withdrawal) Bill that is so wide that there are issues regarding the balance of power between Parliament and the Executive.
Jonathan Reynolds
Q
Joel Blackwell: That is a question I have been posing to myself for the last few days. Honestly, no. We have to be careful, knowing that the procedures for the scrutiny of delegated legislation in the Commons are inadequate, that we do not just fall back on using a strengthened, enhanced or super-affirmative procedure for everything when the affirmative procedure would be appropriate. We need to play the ball rather than the man, to use a football analogy. You have to look at the powers that are brought in front of you and decide there and then whether the scrutiny period is appropriate.
The problem with this Bill, and with other supply Bills, is that the vehicle to highlight inappropriateness in the degree of scrutiny and the appropriateness of delegated powers is the House of Lords Delegated Powers and Regulatory Reform Committee, and there is no counterpart in the House of Commons. The Bill just highlights the lack of that counterpart. But no, looking at the powers, I do not think that the strengthened scrutiny procedure would be useful in this case.
Emma Hardy
To put that into the Bill.
Dr Laura Cohen: Into the Bill. Can I give an example on the tiles review? This goes back some of the evidence given this morning. The European Commission contacted more than 1,000 known importers and users of tiles. Only 11 companies replied to the sampling form. No user or user association came forward. After the review was published, the Tile Association, which includes UK retailers and tilers as well as overseas manufacturers, published in its magazine an article saying that when they had surveyed their members a year ago,
“A sizeable majority of respondents were in favour of the tariffs continuing and also believed that the level of tariff was about right.”
The EU—an example similar to Gareth’s—as part of its calculation had said that this would add about €1 to a square metre of tiles. It is not a large amount.
Gareth Stace: We do not have any detail of what that economic interest test is going to be. It could be there on the face of the Bill in primary legislation; it could be wishful thinking that it might be elsewhere. It cannot be that the Government do not know what that might be. We set out in July in a paper here exactly what we felt the economic interest test should be and the weighting it should apply to producers, users and importers and so on. We set it out in firm detail there, so there is no reason why it could not have been in the primary legislation.
Graham Stuart
Q
Dr Laura Cohen: We could have much lower duties.
Graham Stuart
So we may not.
Dr Laura Cohen: Given that the lesser duty rule in the EU is becoming conditional, that is one strand of it and may give rise to lower duties. We have no clarity about the methodology for working out the dumping margin, particularly where there are distortive economies, and the EU has that clarity. The triple test—the economic interest test by the TRA followed by the economic interest test by the Secretary of State, followed by the public interest test, actually may result in no duties. It is very unlikely that the duties are going to be higher than the EU and quite likely, given what is in the Bill at the moment, that they will be lower.
Graham Stuart
Q
Dr Laura Cohen: We do not know what the economic interest test is going to be, but there are two further opportunities over and above what is currently in the EU for overruling it. We have had some concerns, which we shared with Government, about the economic research published by the Department for International Trade on Friday 5 January, which could help determine how that is carried out. We can share that with the Committee after this meeting if that would be helpful.
Graham Stuart
Q
Dr Laura Cohen: We do not need one under the WTO, but if we do, it is about keeping it really simple, with a presumption in favour of eliminating the trade-distorting effects of injurious dumping, and restoring effective competition.
Graham Stuart
Q
Dr Laura Cohen: All three tests should have that presumption.
Ian Cranshaw: The specific issue is the language: there is not that specific phrase. There is a presumption in favour of duties written into the Bill, and we would like to see that specifically written much clearer than it currently is. That would reassure many of our companies.
Nic Dakin
Q
Gareth Stace: The timescales are not set out clearly enough. I do not want to go over old ground, but the hoops to go through at all the different stages will only lengthen that process. I am sure that will happen, calculating injury and dumping, but if was just dumping, that would happen very quickly.
I might have said already that in the US, provisional measures come in after 45 days and in the EU they come after nine months, which is coming down to seven. The UK has the opportunity to say that we will do it at six months, and we always—unless there are circumstances where it is not appropriate—apply retrospective duties of three months. So you get provisional duties coming after three months, which sends a very strong message to the market: do not dump your illegally traded goods here in the UK.
Ian Cranshaw: I think we would all be disappointed if we could not expedite the EU system, when it has to canvass views across 28 member states. We would have to canvass views in just the UK, so if we cannot bring that nine months—soon to be seven months—down further, an opportunity will have been missed.
Dr Laura Cohen: There is a tremendous opportunity here for Brexit. If an industry is suffering injury and dumping, it is really important that it gets sorted out quickly.
Draft Government Resources and Accounts Act 2000 (Audit of Public Bodies) Order 2017
Graham Stuart Excerpts(6 years, 6 months ago)
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Peter Dowd
I did keep my eyes peeled for this particular issue. I notice there is also one spec-tater in the Gallery.
The Opposition support the order and measures of this nature, but I want to reiterate the importance of transparency and value for money in all our public bodies. The National Audit Office says that its work led to audited savings of £1.21 billion in 2015, which it estimated was its highest level of financial savings to the taxpayer to date, equivalent to £19 saved for every £1 spent. We have to ensure that public auditors have the independence and resources to carry out their job effectively, therefore guaranteeing strong governance.
However, the NAO’s own statement of accounts says that in real terms its net resources are expected to decline by 15% between 2012-13 and 2019-20. While the NAO has made impressive progress in becoming cost-efficient, can the Minister confirm that in future it will receive the level of resources it needs to continue with its high standards of public audit? I hope that was crisp enough for you, Mr Paisley.
Finance Bill (Fourth sitting)
Graham Stuart ExcerptsThursday 19th October 2017
(6 years, 8 months ago)
Public Bill CommitteesRead Full debate Finance (No.2) Act 2017 View all Finance (No.2) Act 2017 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 19 October 2017 - (19 Oct 2017)
Peter Dowd (Bootle) (Lab)
As ever, it is a pleasure to work under your stewardship, Mr Walker, and your perfect pronunciation of the word “schedule”.
I would like to deal with the Government’s overall intention behind this group of clauses and schedules reforming non-domiciled status. Under the measures being introduced through the Bill, an individual who has been resident in the UK for 15 out of the last 20 years will be considered UK-domiciled for the purposes of income tax, capital gains tax and inheritance tax. From appearances, one might think that overall the Government are finally doing away with non-dom status, but that is far from fact.
The changes in the measures are superficial—one could even say artificial—and designed to give the impression that the Government are seriously clamping down on tax avoidance. Why else would an exemption be built into the measures for offshore trusts? Another question is: why else would the Government have given a grace period for those non-doms affected to get an offshore trust if they do not have one already? Another question begging for an answer is: why else would the Government have actively signposted the changes for non-doms, which has set hares running? It seems to me that those are things that the architect of the measures would do if they were of a mind to completely undermine the measures’ effectiveness. They close one loophole and—hey presto!—create another. Put a new coat of paint on it and no one will notice—job done.
I of course accept that some people will be caught by the changes, but I imagine that it will be the few—and “few” is the operative word—who cannot afford the financial advice fees and legal fees to set up an offshore trust. Once again, we are talking about low-hanging fruit. In my opinion and that of some of my colleagues, this is indicative of the Government’s tax policy. They are doing this rather than tackling tax avoidance undertaken by wealthy individuals who are—I will mix my rodent analogies here—squirrelling their money away in offshore trusts, or large multinational corporations that play cat and mouse with Her Majesty’s Revenue and Customs, with, in this situation, HMRC being the mouse and the one that rarely roars to boot. It is happening daily: certain people are not paying their fair share, and the Government are instead attempting to squeeze further taxes out of everyone else. That is no doubt motivated in part by the dwindling resources of HMRC, whose staff levels have been cut by 17% since 2010. The shame that HMRC does not have the resources to clamp down on the use of offshore trusts is part of the motivation behind these measures, but I am not convinced that the Government have the inclination to do so, either.
The delayed timetabling of the measures will also have an impact on their effectiveness. They were first proposed in the summer Budget 2015, they were consulted on in late 2016, and they were meant to be debated and come into effect in March 2017. Of course, we had an unnecessary snap election, whose mother was hubris and whose father turned out to be pyrrhic. As Plutarch noted—it is always worthwhile getting in a quote from Plutarch:
“If we are victorious in one more battle with the Romans, we shall be utterly ruined.”
I ask Government Members opposite to bear that in mind when the next election comes.
Peter Dowd
I actually was going to bring that, but the Chair has difficulty enough pronouncing English to check me on my Latin.
Added to that, we had a zombie Parliament throughout the summer, with the Minister announcing that the measures would not be brought back until September. In total, that means that the best-advised non-doms will have had two years’ advance notice, while even those with little to no advice would have had seven months to prepare, even without the Government’s grace period. That is why the Opposition are proposing that, at the very least, the Government conduct—the Minister will not be surprised to hear this—a review to assess the impact of leaving in the exemption for offshore trusts on the effectiveness of the measures.
Our opposition to these measures is well noted. I raised concerns over them on Second Reading of the Finance Act 2017. We raised them further in private discussions with the Government, to no avail, as well as during the Ways and Means resolutions debate and on Second Reading of the Bill, so our view is fairly well laid out. What we want is genuinely not unrealistic or far removed from the observations of most members of the public, which is, in short, the removal of the exemption for offshore trusts from these clauses and schedules. It is simply lubricious—I was thinking of another word—to introduce measures abolishing non-dom status while at the same time creating further loopholes. I would have used “disingenuous”, but no doubt you would have ruled me out of order, Mr Walker.
I ask the Minister once more, as I have at every stage of the Bill, to remove the exemption for offshore trusts. If the Government are truly committed to abolishing non-dom status and not just paying lip service to it, the Minister should have no problem doing so.
Ways and Means
Graham Stuart ExcerptsWednesday 6th September 2017
(6 years, 10 months ago)
Commons ChamberRead Full debate Finance (No.2) Act 2017 View all Finance (No.2) Act 2017 Debates Read Hansard Text Read Debate Ministerial Extracts
Peter Dowd
I remind the hon. Gentleman that businesses are coming to Labour because of the mess that the Conservative party is making of Brexit.
Peter Dowd
I can name them.
None of the measures before the House address the growing black hole in the public finances, which is the direct result of the Government’s mismanagement and economic incompetence. As things stand, there is a £3 billion black hole in the public finances, made up of the Chancellor’s U-turn on the proposed increases to class 4 national insurance contributions for the self-employed on low and middle incomes; the unlawful employment tribunal fees the Government have been forced to repay; and, yes, the £1 billion bung to the Democratic Unionist party to buy its silence and compliance. Nor do the Government acknowledge the added cost to the taxpayer of delaying the implementation date for “Making Tax Digital”, which they were warned was problematic by all and sundry.
Make no mistake: this is no ordinary Finance Bill we are talking about. If passed, a number of its measures will create a charter championing tax avoidance and leaving billions of pounds of tax uncollected. Using smokescreens and false titles, the Treasury has hidden to the unsuspecting eye giant loopholes for offshore trusts in complicated tax measures. While claiming to end non-domicile status, the Chancellor is at the same time encouraging people to bend the rules and siphon off money overseas into tax haven trusts. He has excluded from one of the Bill’s key deeming measures non-doms who have inherited their status. The Government are on the side of tax dodgers, not taxpayers.
There is nothing in the measures before the House that will address the resource crisis that HMRC is facing as the Government plan to cut £83 million from its budget, along with the debacle that is its 10-year modernisation programme.
Draft Public Service Pensions Revaluation (Prices) Order 2016
Graham Stuart Excerpts(8 years, 4 months ago)
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Greg Hands
That is not uniformly the case. I will go on to explain the three schemes that are affected: the local government pension scheme, many of whose members have been high earners in their careers; the civil service pension scheme; and the judiciary pension scheme. Although there are low-paid workers in some of those schemes, I do not accept that they are uniformly lower-paid workers; indeed, there will be some fairly high-paid workers in those schemes.
Returning to my point, scheme members want to be treated fairly and consistently, and the order we are debating today delivers that. There should also be certainty for schemes themselves. Not choosing September’s CPI figure would create uncertainty for schemes. If a consistent measure of CPI was not used, schemes would find it difficult to determine what the correct measure of prices revaluation should be, both when assessing the cost of the scheme and when setting employer contribution rates.
It would not be unusual for a scheme actuary to place an uncertainty figure in the valuation if we decided not to use the standard September figure, particularly if it was considered that there was doubt about whether a consistent prices metric would be used. That would have the potential to put upward pressure on employer contribution rates, and affect the amount of money that employers have available to employ staff.
Furthermore, choosing a correct and stable measure of prices ensures fairness across schemes. That is a crucial detail. It would be unfair for those schemes that chose faster revaluation, instead of a better revaluation rate, to benefit from both fast accrual and a more generous revaluation metric than the one that they decided upon. That goes back to my point about the balance in each of the schemes that was arrived at after consultation and negotiations with the relevant trade unions.
Graham Stuart (Beverley and Holderness) (Con)
Does my right hon. Friend agree that those who are tempted to suggest that we should give flexibility to the Government so that we can have a more generous position in this year should bear in mind that overall it would be unwise to trust Government to choose between various measures? Ultimately, we would expect their choice to be at the expense of the people, rather than that of the Treasury. Therefore, I applaud him for suggesting that we have total consistency and accept that consistency will apply even if the September figure goes peculiarly upward in future.
Greg Hands
Although I cannot go down the same road as my hon. Friend does about trusting the Government, I can say that his point about consistency is right. If there is any sense that the Government were able to move around between different months, according to political whim or motivation, that would introduce a huge amount of uncertainty into the schemes and open up the Government to lobbying. It would also probably open up all of us to being lobbied to choose one month or another. That might end up coming at the cost of the general taxpayer as well as creating instability in the scheme. Consistency is extremely important.
That leads me to the third area: certainty for taxpayers. To depart from what was agreed would also be unfair on the taxpayer. It is possible to argue that revaluing by 0% does not cost much, and that would be right. It would not cost that much, for now. But what about the future? If in the far future there were to be significant deflation, the cost of not revaluing negatively could be far greater. It is unfair in principle that members should be able to benefit only from the upside of inflation, while being shielded from the downside.
To illustrate my argument, I can share with Members a quote from page 72 of the report from the independent review of public service pensions undertaken by Lord Hutton:
“If there is no mechanism for reducing pensions in payment to maintain their real value then there is asymmetric sharing of risk between members and government, since government bears the risk of high inflation and members benefit from periods of deflation”.
Furthermore, many other taxpayers are in defined contribution schemes. The value of defined contribution schemes, of course, goes up and down based on the prevailing economic circumstances at that time and the valuation of bonds, stocks and whatever else might be put into that scheme. Members of the public who are not lucky enough to be in one of the highly valuable public service pension schemes for our highly valued public sector workers, but who face uncertainty from their own defined contribution schemes, should not be expected to subsidise public servants in this way from a potential negative revaluation drawn on by deflation. the arguments for continuing to use existing Government policy on the preferred measure of inflation for this order are clear and compelling.
I want to move on briefly to the effect the measure has on particular workers, perhaps answering some of the points raised by the hon. Member for Walsall North. The only schemes which will actually be negatively revalued directly under the terms of the Public Service Pensions Act 2013 are those for the civil service, local government and the judiciary. However, you will be interested to know, Mr Bailey, that as the ministerial pension scheme relies on the provisions of this revaluation order, a Minister’s career average pension pot will also be negatively revalued. I am not looking for sympathy for myself and the Treasury Whip, but it is worth pointing out that there are knock-on effects beyond this immediate order.
I now return to the main question about the three pension schemes. To give a worked-out example, a local government worker who earns £21,000 a year will earn around £530 of pension this year. That pension pot will be revalued by minus 0.1%, which means a reduction in the nominal value of that pension pot of less than 50p. Even with a comparable pension pot from the previous year—remember that the local government pension scheme was introduced a year early—the total reduction would be less than £1. A civil servant earning £26,000 a year will earn around £600 of pension this year. That pension pot will be revalued by minus 0.1%, which means a reduction in the pension pot of around 60p. So this is not an attack on public sector pensions or on lower paid public sector workers, nor should it be portrayed as one.
In conclusion, the Public Service Pensions Revaluation (Prices) Order 2016 is an important aspect of the move towards more sustainable and fairer pension schemes for public service workers and for taxpayers. As Lord Hutton has said, these recommendations provide a balanced deal. It will ensure that public service workers continue to have good pensions and that taxpayers can have confidence that the costs are controlled. Revaluing in line with scheme agreements that have already been made is an important part of the deal and I look forward to the debate.
Tax Avoidance and Multinational Companies
Graham Stuart Excerpts(8 years, 5 months ago)
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John McDonnell
I am going to press on, because time is short.
I have written to the Competition Commissioner to request a formal investigation of this deal. There was a visible flicker of life from the Chancellor a few days ago. In the pages of Monday’s Financial Times he let it be known that he might, after all, favour country-by-country reporting for multinational corporations. Tax experts and campaigners and I have long argued that this is a vital step towards transparency, and therefore towards fair collection. By revealing in their accounts in which tax jurisdiction their revenues were earned, a proper rate of tax can be applied to multinational companies. If the Chancellor now supports country-by-country reporting, I welcome that. However, the impression was given that even without international agreement the Government would act. Is this the case, or was it just a publicity stunt that has now been dropped?
My hon. Friend the Member for Leeds West (Rachel Reeves) referred to Bermuda. On the “Andrew Marr Show” on Sunday a senior Google representative revealed that the company has £30 billion of profits resting in Bermuda, a British overseas territory. This is in order to avoid US tax rates. We now know that the Chancellor has been lobbying the EU and instructing his MPs to vote against anti-avoidance measures against Bermuda. It is a disgrace.
It was also revealed last week that Government Ministers have met Google 25 times over the past 18 months. I note that the Prime Minister himself has spoken at Google’s conference not once, but twice. If Ministers are to meet anyone, my advice is that they go and meet the trade union representatives of HMRC staff. With almost half the workforce having been laid off, and with offices having been closed across the country, it is widely known that morale is at rock-bottom, especially with the loss of highly experienced and expert staff. [Interruption.] Madam Deputy Speaker, a reference has just been made to declaring an interest. I have no interest to declare. I think that was a reference to the Public and Commercial Services Union and part of its trade union group. It does not fund the Labour party or my constituency. There is no interest to be declared.
We cannot allow the Government to go on like this. Trust and confidence in our tax system is being undermined. Every pound in tax avoided by these large corporations is a pound taken from the pockets of honest taxpayers. It is also a pound not spent on our schools, our NHS and our police. We need a real tax reform agenda, based on the principle of complete openness and transparency. First, that means, as a start, the publication of the details of this deal in full, so that we and our constituents can judge whether it is fair enough. Secondly, we need real country-by-country reporting of a company’s activities, and not just a secret exchange of information between tax authorities, but full publication so that we can all judge.
Graham Stuart (Beverley and Holderness) (Con)
The shadow Chancellor said that he would set out his ideas, and I had hoped that he would talk about a more revolutionary change to the methods of taxation. With the massed ranks of corporate lawyers put up against national tax jurisdictions, it is an uneven battle, so perhaps we need some more radical thinking altogether.
John McDonnell
The hon. Gentleman has taken an interest in this matter over many years and has regularly been in debates with me in this Chamber. I fully agree that we need a more radical approach.
Let me complete the recommendations briefly, because I think that they will open up a much wider debate. Thirdly, we need an end to mates’ rates and sweetheart deals with major corporations. Tax law should be applied fairly whatever the size of the company. Fourthly, we need full transparency in the relationship between Ministers and companies, so I want to see publication of all the minutes of all such meetings. Fifthly, we need firmer action to curb the tax avoidance industry, so action should be taken against the advisers when the tax avoidance schemes they designed are found to be unlawful by tax tribunals and courts. The same advisers advise Her Majesty’s Treasury and help write our tax laws. That is unhealthy and unacceptable.