Hot Takeaway Food (VAT)

Ian Swales Excerpts

Wednesday 23rd May 2012 Westminster Hall

[Sheryll Murray (South East Cornwall) (Con)]

It is a pleasure to serve under your chairmanship, Mr Scott, and I congratulate my neighbour and hon. Friend the Member for St Austell and Newquay (Stephen Gilbert) on securing this debate.

As the granddaughter of a Cornish baker, nobody knows more than I what it is like to make a pasty. Yes, I know the ingredients, and yes, I can crimp a pasty. Today, I speak on behalf of my constituents in South East Cornwall who are all exceptionally concerned about the proposed VAT on hot baked food, although of course that is not restricted to the pasty.

The only time that I lived away from Cornwall was when I spent some years in Stoke-on-Trent, where the meat and potato pie was very popular. However, the pasty in particular is a big part of the famed Cornish heritage and history, of which we are all so proud. I will be discussing my deep concerns about the introduction of VAT on pasties and other hot foods, because this tax will affect many small businesses such as traditional bakeries in my constituency and will no doubt have knock-on effects on the already struggling town centres. In South East Cornwall, there are six very small town centres, which are seeing the life drained from them. If we see the bakeries decline as well, we will be going completely against the principle of what Mary Portas has been trying to do.

[Ian Swales (Redcar) (LD)]

Does the hon. Lady agree that one of the unintended consequences—I believe that they are unintended—is that small bakers will be further hit by this tax applying to freshly baked products such as scones, doughnuts and muffins? They happen to be warm because they have just been baked, but are a whole category of food that clearly is not intended to be eaten hot. The tax will further penalise those bakers as against supermarkets.

--- Later in debate ---

[Nigel Mills]

I suspect that that is probably right. This will put people off buying some products entirely. I was trying to say that I suspect that the customer will end up with a 20% price rise on all products and it will be down to the baker to match that loss of sale with the income that they get to keep on non-VATable stuff.

The Government need to produce coherent, understandable and enforceable rules. The suggestion that a product would definitely be VATable if any effort was made to keep it warm, by putting it in a heat-retaining bag, under a hot lamp or on a heated rack, after it had been baked would lead to an understandable and clear situation. I am not sure that it would tackle all the mischief that the Government seek to tackle, which is why it would be helpful to understand exactly what problem they want to solve. It would not stop something that looks a lot like a takeaway pretending to be a bakery, which I suspect is something that they would like to deal with.

[Ian Swales]

I pay tribute to the hon. Gentleman’s tax knowledge, from which we are benefiting on the Finance Bill Committee. Does he agree that there is an EU law that requires changes in taxation to be clear and precise? From his knowledge, does he recognise that the Government could be challenged under EU law owing to the complexity of the potential change?

[Nigel Mills]

I spent many years in practice looking at areas where UK tax law could be challenged under EU law. As the years went on, the European Courts became a little more sensibly in favour of the tax authorities rather than the taxpayer, so I never like to predict what a challenge under EU law could achieve. The hon. Gentleman makes a fair point; as taxpayers, we are entitled to expect clear tax law that can be sensibly enforced.

Can the Minister think of other ways to tackle the mischief he wants to tackle without putting staff in every high street in a situation where they have to finger all the products they sell? I am not suggesting that they will literally do that; they will have to have some kind of technical probe or something.

Could the Minister find a way to exempt businesses in which the sale of hot baked products accounts for no more than half their turnover? Clearly they are not in the business of selling hot food, but are trying to sell cakes and bread, so such products are but a small part of their trade. That suggestion will not fix the problem for my hon. Friends from Cornwall, who are looking at businesses based entirely on pasties, but it would take away the worst position for high street shops, for which there are definitely unintended consequences. I fear that otherwise we will end up with a measure that will not work, will clobber the innocent, and those who flout it will find a way to redesign their businesses to get out of it. That is the worst situation—innocents caught in the crossfire. Some people have pushed the whole system too far.

We all know that thirty years ago, Lord Lawson tried to exempt bakeries that produced freshly baked goods. We have a picture of bakers putting things in ovens at 5 o’clock in the morning and customers queuing to buy hot bread, and that clearly should not be VATable. That is not really what happens in most high street bakeries, where the goods are baked in a central bakery and appear in the shop early in the morning. It is unlikely that I would get hot bread, unless I was in the shop nearest to the central bakery very early in the morning. We need to get away from that quaint image that probably applies only to a factory outlet bakery of the type that Luke Evans has. I do not think that most of the baked products I buy are hot, except for those that are carefully baked on site, and they tend to be the products that the customer wants to have a chance to eat hot. That is the line we need to work around.

What exactly are we concerned about? What mischief are we trying to fix? What are we trying to protect? The proposals the Government are consulting on will not get them to where we all want them to be and will need some careful revision.