Taxation: Silage Film

Helen Whately Excerpts

Tuesday 18th January 2022 Westminster Hall

[The Exchequer Secretary to the Treasury (Helen Whately)]

It is a pleasure to serve under your chairmanship, Sir Edward. I congratulate my hon. Friend the Member for Amber Valley (Nigel Mills) on securing the debate and on his comments. I have listened carefully to what he has said. I share his expressed aim of ensuring that we get this tax right, and I very much appreciate the tone that he took.

As context to this debate and to the plastic packaging tax overall, I think that we can all agree that plastic waste is a significant and serious environmental threat, because plastics do not decompose. They can last centuries in landfill sites. With our commitment to reach net zero while driving jobs and growth, and our pledge, through the Environment Act 2021, to leave a better world for future generations and build back greener, the Government are determined to use our battle against pollution and climate change to make a positive difference to people’s lives and the wider economy. That is why we have been focused for some years on developing the right incentives, so that businesses can play their part in supporting us in the green economic transition.

That includes our introduction, back in 2015, of a 5p levy on single-use plastic bags, which led to a more than 95% drop in plastic carrier bag sales in England’s main supermarkets. Last year, we went even further, doubling the levy to 10p. As part of DEFRA’s 2018 resources and waste strategy and our 2019 manifesto, we said that we would introduce the tax on plastic packaging that we are discussing today. We estimate that the tax will lead to around 40% more recycled plastic being used in packaging in 2022-23, compared with current levels. Given that the use of new plastic in manufacturing generates more carbon than recycled plastic, we estimate the tax will save nearly 200,000 tonnes of carbon dioxide in the same year.

Turning specifically to how the tax relates to silage film, let me address the points that my hon. Friend made so logically. First, the design and structure of the plastic packaging tax reflects extensive stakeholder consultation, including two design consultations in 2019 and 2020 and three technical consultations on the legislation. Her Majesty’s Revenue and Customs has also established an industry working group made up of trade bodies and organisations, which was consulted on the finer detail of the policy, legislation and guidance. As part of that consultation work, Treasury and HMRC officials met Berry BPI, a plastic packaging manufacturer based in my hon. Friend’s constituency. There has been substantial consultation and engagement, so I was surprised to hear my hon. Friend say that the guidance comes as a surprise.

My hon. Friend talked about DEFRA’s producer responsibility obligations, which it is in the process of reforming. I am clear that, as he indicated, those obligations and the tax are different schemes with different sets of rules and objectives, and they use intentionally different definitions of packaging. The definition for the plastic packaging tax covers products designed to contain, protect, handle, deliver or present goods at any stage in the supply chain. Unlike DEFRA’s responsibility obligations, the tax includes goods that meet that definition even if they are used by an end user. That is in order to better achieve the objective of the tax, which is to reduce the environmental harm caused by plastic.

During silage season, large amounts of silage film are used by farmers throughout the country. I am sure hon. Members are aware of the quantity of plastic used; I see it in my own area of the countryside. As we attempt to reduce the use of non-recycled plastic and the amount of plastic overall that ends up in landfill, it is right and it makes sense for the Government to include the use of plastic for silage in the tax. Like cling film and plastic wraps, silage film meets the definition I outlined because it is suitable for use in the supply chain for the containment of silage, but it can also be used by farmers—the main end users—to make their own silage.

[Robbie Moore]

I want to pick up on what I feel is the nub of the issue. Silage wrap is used as part of the process of fermentation to produce silage; it is not classified as packaging in isolation. Could the Minister explore that point specifically?

[Helen Whately]

I fully appreciate my hon. Friend’s point, which I will come to in a second. There are two sides to this issue. On the one hand, silage film can be part of the supply chain; on the other, it can be used by farmers, as end users, to make their own silage by wrapping grass and other crops with the film. If the Government exempted silage wrap and similar items, such as pallet wrap and cling film, we would be shying away from dealing with the overall challenge posed by the use of plastic packaging. That would undermine the aim of this tax, which is to reduce the environmental harm caused by plastic. I do not for a moment dispute that the film is part of the process of turning grass into silage. However, that does not exempt it from falling within the definition for the tax.

That definition is targeted so that it does not include plastic packaging products that are essential for goods to be used, in contrast to products that are essential for goods to be manufactured. Therefore, products such as tea bags, coffee pods, inhalers and lighters are not taxable because the product contained by the packaging simply could not be used by the end user without the packaging. However, that is not the case for silage film.

[Douglas Ross]

The Minister has accepted that farmers cannot get silage without silage film. Grass cannot ferment without it. Should it therefore not fall under the heading of plastic packaging that is an integral part of the good? Simply put, it is needed to produce silage. The Minister briefly said that there had been wide consultation. Did any farming unions across the United Kingdom contribute to the consultation? If not, does that not suggest that they did not think they were affected by the change?

[Helen Whately]

I am happy to get back to my hon. Friend on the conversations that have taken place with different sectors, including the agriculture sector, that were part of work done over the last couple of years on the introduction of the tax.

The definition is set such that it does not include plastic packaging products that are essential for goods to be used, such as coffee pods or asthma inhalers. However, where single-use plastic is required for something to be made, as is the case with silage, it does fall within the definition.

[Nigel Mills]

Will the Minister give way?

[Helen Whately]

I am conscious that we are short of time, but I will.

[Nigel Mills]

We are getting to a perverse situation where things such as coffee pods or perforated bags for boiling rice, which there is no need to use as rice can be cooked without the plastic and coffee can be made without single-use plastic pods, are exempt from the tax, yet silage film, which is an integral part of the process and which there is no way around using, falls within the tax. That is not achieving the objectives. It will seem bizarre to people that we exempt plastic coffee pods but not silage film. Plastic coffee pods cannot be drunk.

[Helen Whately]

I gave examples of some specific products where the plastic is inherently part of the product—ink cartridges would be another. I recognise that there are some kinds of plastic that are harder to make using recycled plastics. One objective of the tax is to improve the rationale and incentives for the development of plastic packaging that uses more recycled plastic, and to make sure that more plastic is recycled and re-enters the supply chain. Although that will not necessarily happen immediately, it is part of shifting the incentives to encourage businesses to innovate and develop those products. We are already seeing that; as my hon. Friend the Member for Amber Valley knows, Berry BPI is already making great strides in producing high-quality recycled plastic that can be used for a variety of purposes, including agricultural purposes. I know that other businesses are working on this and, with the incentives, more will follow suit.

In conclusion, I reiterate that we have worked closely with manufacturers, importers, the devolved Administrations and others affected by this tax at every stage of its introduction. HMRC has been working closely with the industry, and that has informed the development of the categories of products that are in and out of scope of the tax. I assure hon. Members that HMRC and the Treasury are continuing those conversations and listening to industry. I am confident that by incentivising innovation and encouraging new ideas across our economy, including in agriculture, we will ultimately achieve huge benefits for the environment, nature and the world.

Question put and agreed to.