Finance (No. 2) Bill

Debate between James Cartlidge and Abena Oppong-Asare

Committee of the whole House
Wednesday 19th April 2023 Commons Chamber

[The Exchequer Secretary to the Treasury (James Cartlidge)]

It is always a pleasure to appear so early and unexpectedly. This grouping is about the electricity generator levy. Before I address the specific clauses, here is a reminder of why we are debating this ultimately exceptional new tax.

We have to remember that Putin’s weaponisation of gas supplies to Europe has pushed energy prices to record levels. In 2022, UK wholesale energy prices rose to eight times their historical level. Despite recent falls, gas prices, which currently drive the market price for electricity, remain at twice their pre-pandemic level, which means that the price achieved by some electricity generators has risen considerably, driven by natural gas prices.

The Government have absorbed a substantial portion of the price increase through our generous support for households and businesses, which is why we have chosen to capture the windfall profits of oil and gas extraction with the energy profits levy. The Government are now introducing an electricity generator levy. The EGL is designed to capture only the exceptional receipts that electricity generators make, by taxing only the amounts above their normal return while preserving the incentive to invest in the capacity we need.

Clauses 278 to 280 detail the calculation of the levy, which will be applied at a 45% rate on revenues above a benchmark price for UK generation activities. The benchmark price of £75 per megawatt-hour is set approximately 1.5 times higher than the pre-crisis average. The benchmark price will be indexed to inflation from April 2024. To ensure that the levy applies only to large commercial operations with the capacity to administer the tax, the EGL includes an annual generation output threshold of 50 GWh, which is equivalent to approximately 15,000 domestic rooftop solar panels. A £10 million allowance provides further protection for smaller businesses from undue administrative burden and reduces the impact of the levy for those in scope. The levy applies from 1 January 2023 and will end on 31 March 2028, although colleagues will appreciate that the design of the levy is such that, should prices return to normal, no tax will be due. To ensure that the tax does not have unintended consequences, clause 279 excludes certain technologies.

Clauses 281 to 285 provide definitions for in-scope generation and the calculation of exceptional receipts. As I have outlined, the benchmark price has been set so that the EGL applies only to revenues from the sale of electricity at prices higher than the pre-crisis expectations of generators and investors. The levy applies to receipts from power sold on to the grid from wind, solar, biomass, nuclear and energy-from-waste technology. It applies to revenues that generators actually receive, taking account of contracts which might involve selling power over a longer period for a stable price. Certain types of transaction are excluded, such as “private wire” not sold via the grid, as well as power sold under contracts for difference with the Low Carbon Contracts Company, which is the Government’s flagship scheme supporting investment in renewables. Clauses 283 to 285 set out provisions for the recognition of exceptional costs related to the acquisition of fuel and from revenue-sharing arrangements. These provisions reflect the fact that for some generators fuel acquisition costs will have increased as a result of the energy crisis.

Clauses 286 to 300 deal with detailed arrangements for various structures of business operating in electricity generation. Owing to the size and complexity of projects involved, there are a number of common structures for generation undertakings. Those often involve large group companies, sometimes with significant minority shareholders. Others involve a number of businesses forming a joint venture. For example, a company specialising in offshore wind might go into business with a finance provider to deliver a large and complex project, sharing the revenues and risk between them. There are rules to treat these so-called “joint ventures” as stand-alone generation undertakings for the purposes of the EGL. These clauses ensure that businesses with in-scope revenues pay an appropriate share of EGL liability.

Clauses 301 to 305 provide rules for the payment of EGL. The EGL is a temporary measure that has been carefully designed to minimise the administrative burden on businesses. Firms within scope of the levy will pay it as part of their corporation tax return, albeit that EGL is a separate and new tax. The provisions for paying corporation tax are therefore applied here, including in respect of the supply of information, the collection of tax due and the right of appeal.

I turn briefly to the final clauses on the EGL, clauses 306 to 312. Those provisions ensure that the EGL applies to in-scope revenues from generation activities regardless of company type. Appropriate anti-avoidance rules are also included. Clause 309 details the interaction between EGL and corporation tax for accounting purposes, including the fact that EGL is not deductible from profits for corporation tax purposes.

In conclusion, these provisions ensure that, where electricity generators are realising exceptional receipts as a result of the current crisis, they make a fair and proportionate contribution to the support that the Government have provided to households and businesses. Importantly, the levy is designed to apply only to the excess portion of those revenues, in order to maintain the incentive to produce low-carbon electricity. This is in addition to the Government’s extensive support for investment in UK electricity generation. I will of course respond to proposed amendments, assuming that we hear about them, in the debate. In the meantime, I ask that clauses 278 to 312 stand part of the Bill.

[Abena Oppong-Asare (Erith and Thamesmead) (Lab)]

It is a pleasure to speak for the Opposition on the clauses relating to the electricity generator levy, a policy that was first announced in the autumn statement of 2022. Clause 278 introduces a new 45% charge on businesses that generate electricity in the UK. Specifically, it will be charged on exceptional earnings related to soaring energy prices. Extraordinary profits are defined in the Bill as receipts from wholesale electricity sold at an average price in excess of a benchmark price of £75 per megawatt-hour over an accounting period. Clause 280 specifies that this benchmark will be adjusted in line with the consumer prices index from April 2024. Companies liable for the levy are those that produce more than 50 GWh annually, generate electricity in the UK from nuclear, renewable or biomass sources, and are connected to a local distribution network or to the national grid. The levy will apply only to exceptional receipts exceeding £10 million.

Oral Answers to Questions

Debate between James Cartlidge and Abena Oppong-Asare

Tuesday 21st March 2023 Commons Chamber

[Mr Speaker]

I call the shadow Minister.

[Abena Oppong-Asare (Erith and Thamesmead) (Lab)]

As my hon. Friend the Member for Portsmouth South (Stephen Morgan) just said, the Institute of Directors has warned that

“the UK will find itself left behind in the accelerating race to lead the green economy.”

The Confederation of British Industry says that we are investing five times less in green industries than Germany—five times less. Meanwhile, the United Nations issues warnings of a climate disaster. Where is the urgency and action from the Conservatives to decarbonise our economy and win the global race for green jobs?

[James Cartlidge]

What the IOD actually said about the Budget was that it was “hugely encouraging”, and I strongly agree. We have an extraordinary track record—the fastest-falling emissions in the whole of the G7 and extraordinary success in offshore wind—but we want to go further. That is why we have announced £20 billion for carbon capture and storage, and we will soon announce many more positive measures.

Oral Answers to Questions

Debate between James Cartlidge and Abena Oppong-Asare

Tuesday 7th February 2023 Commons Chamber

[James Cartlidge]

Of course it is important that we are cognisant of the challenges facing small businesses. The hon. Lady describes our support as “pitiful”. In the current period—the last six months—the available support for businesses with energy bills has been worth up to £18 billion. That is an extraordinary level of support, but we were absolutely transparent that that was not sustainable, that we would review it and that we would then have a less generous scheme but one that was still significant. To underline that, we will still have a scheme worth up to £5.5 billion. That remains a significant intervention and is worth, for example, up to £2,300 for a pub, or up to £400 for a small shop.

[Abena Oppong-Asare (Erith and Thamesmead) (Lab)]

Many will have heard the appalling stories of the forced installation of prepayment meters, which is precisely why Labour had called for a ban. But there is another scandal: the fact that those using prepayment meters pay more for their energy than those paying by direct debit. Why should those with the least pay the most? Labour will end this—will the Conservatives?

[James Cartlidge]

I am grateful to the hon. Lady, and I know this will be an important matter for the new Secretary of State for Energy Security and Net Zero. As for the Treasury position and our assistance in this matter, we should remember we have given the greatest support with energy bills to those with the greatest need. In the current financial year, we have given a cost of living payment of £650 for those on benefits, and in the next financial year there will be £900 of support. It is significant and it is comprehensive.

Non-domestic Energy Support

Debate between James Cartlidge and Abena Oppong-Asare

Monday 9th January 2023 Commons Chamber

[Abena Oppong-Asare (Erith and Thamesmead) (Lab)]

Thank you, Mr Deputy Speaker, and happy new year. I thank the Minister for advance sight of his statement.

Businesses have been crying out for some much-needed clarity. In September, the Government promised a review to look at targeted support, saying of the energy bills support scheme:

“We will publish a review…of the scheme in three months”.

I noticed the Minister made limited mention of this review. Could he tell the House where it is, who was consulted, what were the outcomes and whether it even took place? Many industries have suspected that the review was always intended as a delaying tactic. They have strung businesses along, playing for time, just like everything the Government do—living day to day and crisis to crisis, and hoping the blame does not land on them.

It is criminal that this sticking-plaster politics has forced British businesses into the same cycle, with firms unable to plan and not knowing what the next month will bring, let alone the next quarter. Business owners and their staff have faced two Christmases racked with worry because of covid and half-baked announcements from this Government, not forgetting the £6.5 billion of money recklessly squandered by this Tory Government. Firms were promised clarity last year, but Tory chaos meant that they spent another Christmas worrying about their energy bills. Will the Minister apologise today for the distress and uncertainty caused by the Government, not least for the hospitality sector during what should have been its most profitable trading period? What has been announced today is just a sticking plaster. What are the Government doing to ensure the take-up of energy efficiency measures for small businesses, and what plan does he have to deliver energy security and lower bills for the long term, or are businesses to be treated to this merry-go-round every winter?

The Minister spoke about support for energy-intensive industries. Can he confirm what businesses are in scope and how this will be implemented? Can I point out that Wade Ceramics in Stoke-on-Trent closed while the Government dithered and delayed over energy support? What does he have to say to those 140 workers? Our steel producers paid twice as much per megawatt-hour than German producers did last year. [Interruption.] Conservative Members do not want to hear this, but these are the facts. Reports from the Scunthorpe plant are deeply alarming, so can I take this opportunity to ask what steps his Government are taking to secure the future of the domestic steel industry? Will the Minister confirm today that he will commit to the long-term investment that steel needs to protect our manufacturing base and national security?

With delayed announcements, constantly changing plans and a Government living day to day, they are forcing industries to do the same. I agree that firms need to invest, but what steps have the Government taken to make this possible? There was no mention in the statement of support for businesses investing in green technology. The British Chambers of Commerce and Make UK are very clear that, rather than inspiring business confidence and investment, the Government’s policy decisions have reduced confidence.

It simply does not need to be like this. Labour would back British businesses and give them the certainty they need to plan and invest, scrap business rates with a fair tax on the online giants, have a long-term industrial strategy alongside which our industries can invest and, crucially, deal with the energy crisis at source.

For 13 years, Britain’s energy policy has been a perfect example of sticking-plaster politics. Of course the Government are not responsible for the effects of the war in Ukraine, but the truth is that it was not the war that banned onshore wind, scrapped the home insulation and shut our gas storage facility; the Tory Government did that. That is why we are so exposed as a country, and families and businesses are paying the price. Labour’s green prosperity plan will deliver green electricity by 2030, getting bills down, ending the cycle of Tory crisis; the choice is between proper energy security that benefits Britain and a real plan to back British business with Labour, or an out-of-touch Tory Government with no ideas.

[James Cartlidge]

I am grateful to the hon. Lady. She asked what happened to the review. Well, I am making a statement about the results of the review, and the policy decisions that we have come to a conclusion on, based on the review and consulting all the key stakeholders in business and industry and also the voluntary sector, who I spoke to only this week.

The hon. Lady used the word “criminal” to describe the announcement today. I think that is a little over the top. We are continuing to provide significant support for businesses. We have a universal scheme, plus the targeted support for energy and trade-intensive sectors, with significant expenditure of up to £5.5 billion. We must balance this, however. She talked about failing to support business, but I remind the House that at this precise moment we are in the middle of a six-month scheme worth £18 billion, which is an extraordinary sum.

The hon. Lady said that we have somehow betrayed hospitality. The last statement I made, the day before the House rose for the Christmas recess, was that we would be freezing alcohol duty for another six months. We have supported pubs throughout the pandemic. To a typical pub, this will be worth about £2,300 in support over the next 12 months. Beer duty is now at the lowest real-terms level for 30 years, having been cut or frozen in nine of the last 10 Budgets, and spirits duty is at the lowest level in real terms since 1918, and of course we have extended the discount on business rates for the hospitality sector—previously it was 50% and we are increasing it to 75%. So there is a huge amount of support for hospitality.

The hon. Lady called for energy security. I agree that the long-term answer to this problem is investment in energy security; it is about having robust British energy, and we should look at the figures on that. Only a few days ago we heard from the BBC that in 2022 we had a record level of wind production in this country producing electricity: almost 27%, with just 1.5% from coal compared with 43% from coal in 2013. No other country is making that sort of progress. I am proud as an East Anglian MP to say that offshore wind has made a massive contribution; we have the largest array of offshore wind in Europe. We are delivering energy security and, as the Chancellor said in his statement, we are going to keep doing it, investing in nuclear and putting other investment in place, backing contracts for difference.

I will make one final point. A few days ago the Leader of the Opposition said that it was no longer the time for the big Government cheque book and that we need to put the cheque book away. I am not sure that his Front-Bench Members have got the memo, because there is a balance to be struck here: we need fiscal prudence. The underlying problem for the country is inflation: inflation is the reason why people are experiencing cost of living problems. If we want to get a grip of inflation, we need to set a path for fiscal sustainability, because the problem with what the hon. Lady is suggesting is that it implies not just getting the Government cheque book out again, contrary to the words of the Leader of the Opposition, but getting a blank cheque book out. The problem with that is that if a Labour Government start writing blank cheques, we know where that ends up: with them writing a letter saying there is no money left, and bankrupting the country. We must balance prudence with supporting businesses and the voluntary and public sectors with their energy bills. We have done that today as a result of our review, and I believe this is the right balance of policy for the House.

Oral Answers to Questions

Debate between James Cartlidge and Abena Oppong-Asare

Tuesday 20th December 2022 Commons Chamber

[Mr Speaker]

I call the shadow Minister.

[Abena Oppong-Asare (Erith and Thamesmead) (Lab)]

May I begin, Mr Speaker, by wishing you, the Minister and the whole House a jolly Christmas?

If the Government had implemented Labour’s windfall tax, they would have raised an additional £16.8 billion. Why have the Government chosen to leave this windfall of war on the table and not put it to use to support families and businesses in the tough winter ahead?

[James Cartlidge]

I do not entirely accept that. I would be interested to know the detail behind that figure. What we can confirm is that we have two specific levies: one on oil and gas, and one on certain electricity generators. We think that these are being applied in a very fair way. The levy to which the hon. Member refers does include an allowance for investment but this is the point. That level of support cannot continue for ever. The long-term answer is energy security—investment in new energy sources and, indeed, investment in the North sea, supporting UK jobs and the transition to net zero.

Alcohol Duty

Debate between James Cartlidge and Abena Oppong-Asare

Monday 19th December 2022 Commons Chamber

[Abena Oppong-Asare (Erith and Thamesmead) (Lab)]

I thank the Minister for advance sight of his statement. The Government have confirmed that they are freezing alcohol duty rates for six months. I know that the sector will welcome the announcement, especially given the difficulties that businesses are facing, whether they are producers, suppliers or hospitality venues. I must say, however, that it is absolutely laughable that the Government have announced the change in the name of certainty. We should call it what it is: a U-turn. The previous Chancellor announced a freeze, the current Chancellor scrapped it, and now it is back on.

How did we get here? In October 2020 the Government announced a call for evidence to seek views on how the alcohol duty system could be reformed. At the time, they said that they would make the system

“simpler, more economically rational and less administratively burdensome on businesses and HMRC.”

What we have seen since then, however, is indecision, U-turns and delays.

The Government finally published a response to the alcohol duty consultation in September this year. Then in the shambolic mini-Budget that crashed the British economy, the then Chancellor announced a freeze on alcohol duty that was due to come into force in February 2023. The new Chancellor scrapped the planned freeze, however, in October’s autumn statement—just a couple of months ago. We now have a screeching U-turn; the freeze is back in place.

We see again that the Government have no long-term plan for the British economy. They cannot provide the certainty that businesses and their hard-working employees need to plan for the tough winter ahead. They have left businesses and consumers out in the cold. They may not want to hear it, but that is the reality. They are unsure what regulatory systems will be in place in as little as two months.

Today, Labour found that more than 70,000 venues have had to reduce their opening hours due to the price of energy bills, which means that almost a third of pubs, bars and hotels are missing out on customers at the busiest and most profitable time of the year. Those businesses and producers of wine, beer, cider and spirits enrich our communities and boost our high streets. I recently popped into the Standard, a pub in my Erith and Thamesmead constituency, which is really struggling with soaring energy bills and the lack of Government support. It needs the Government to be on its side. The Government promised to tell the House what the new energy bills support scheme would look like before Christmas, but we have yet to hear anything from them. Only Labour has set out a long-term plan to get our economy growing again.

Looking to the future, we agree with the principles behind the alcohol duty review and we want the alcohol duty system to be made simpler and more consistent. We recognise that there is a balance to be struck between supporting businesses and consumers and protecting public health, and maintaining a source of revenue for the Exchequer, but this statement leaves many questions unanswered.

Can the Minister give an indication of his plans for duty reforms in the coming spring? Can he confirm whether the alcohol duty reform package will be implemented in full? If so, what impact assessment has been carried out on the impact of the transition to the new duty regime? I hope that he can provide some clarity. The alcohol sector and the businesses and jobs that it supports have suffered enough uncertainty and U-turns. These are major changes that will affect businesses and consumers in all our constituencies, so I hope that they will be properly thought through and that we will not see last-minute policy announcements and changes, as we have today.

[James Cartlidge]

I am grateful to the hon. Lady. To be clear, this is good news for every single part of our alcohol industry and for those who drink in our pubs. Crucially, it gives certainty to the industry. The hospitality industry employed 2.1 million people at the latest reckoning, so it is a huge part of our economy and we want to do what we can to support it.

The hon. Lady mentioned a U-turn. To be clear, we said that we would introduce a radical reform of alcohol duty, and we will introduce that reform. It will come into effect next August. That reform could not have happened if we had not left the European Union. It will introduce, for the very first time, differential duty rates on tap and in the supermarkets. The public want that, because they value their pubs and understand the importance of pubs to their communities. [Interruption.] The hon. Lady intervenes, having sat down. She talked about her local pub. Obviously, we want to assist her local pub, and all pubs up and down the country; that is why we have put in place an energy bill relief scheme worth £18.1 billion, which is a huge intervention.

The energy bill relief scheme is very generous, but it is expensive, and we need to ensure longer-term affordability and value for money for the taxpayer. That is why we are carrying out a review of the scheme, with the aim of reducing the public finances’ exposure to volatile international energy prices from April 2023. We will announce the outcome of the review in the new year to ensure that businesses have sufficient certainty about future support before the scheme ends in March 2023. We should remember that this energy-related support comes on the back of the enormous support that we put in place during the pandemic. There were grants, bounce back loans, and of course furlough for all staff working in the hospitality sector.

We are proceeding with this ambitious reform package next year. We felt that it was appropriate to give the sector certainty as soon as possible that it would face only one uprating. That is the right thing to do, and it shows that the Government are supporting the hospitality industry.

Oral Answers to Questions

Debate between James Cartlidge and Abena Oppong-Asare

Tuesday 15th November 2022 Commons Chamber

[Mr Speaker]

I call the shadow Minister, Abena Oppong-Asare.

[Abena Oppong-Asare (Erith and Thamesmead) (Lab)]

The Government allow offshore wind but are still banning onshore wind. Ending the ban would give us a vital tool to reach net zero, make Britain a clean energy superpower, and open up new investment and growth opportunities. Keeping the onshore wind ban will make energy bills £16 billion higher between now and 2030. Why on earth are Ministers undermining green growth and cheaper energy by maintaining the self-defeating ban on onshore wind?

[James Cartlidge]

The Government are committed to delivering cheaper, cleaner and more secure power. That is why we included onshore wind in the latest auction round for contracts for difference, which have delivered a 50% technology cost reduction since 2015. The Government recognise the range of community views on onshore wind, and it is important that we strike the right balance between community interests and securing a clean, green energy system for the future. That is why we have committed to consulting on developing local partnerships for supportive communities in England who wish to host new onshore wind infrastructure.

Oral Answers to Questions

Debate between James Cartlidge and Abena Oppong-Asare

Tuesday 8th February 2022 Commons Chamber

[James Cartlidge]

My hon. Friend, who put in a great shift on the Committee, makes an excellent point. The Judicial Review and Courts Bill will introduce a new procedure for certain low-level offences such as travelling on a train without a ticket, enabling defendants who wish to plead guilty to make a plea and accept a conviction and standard penalty entirely online, without the involvement of the court. Given that it is a new type of procedure for dealing with certain minor offences, we are proceeding with caution and limiting its scope initially to three offences. However, new offences could be added in future. My hon. Friend is absolutely right that through precisely such steps and through the single justice procedure, we will reduce in-person pressure on magistrates so that we can move more business from the Crown court to magistrates and bear down on the backlog.

[Abena Oppong-Asare (Erith and Thamesmead) (Lab)]

There are three prisons in my constituency, Belmarsh, Thameside and Isis, which a lot of my constituents work in. Prison officers and other justice staff go into work to protect us, but the Government are failing to protect them at work. One cause of increasing violence in prison is understaffing. Can the Minister tell us what the Government are doing to tackle the recruitment and retention crisis?