Non-Domestic Rating (Multipliers and Private Schools) Bill

Lord Jamieson Excerpts

Report stage
Tuesday 18th March 2025 Lords Chamber

[Baroness Pinnock (LD)]

My Lords, the noble Earl, Lord Lytton, is right to challenge the Government’s intentions in relation to saving our high street. The Government are in a quandary: retail, hospitality and leisure businesses have continued to benefit from Covid-related relief, which is currently at a rate of 75% but will fall to 40% from April and not exist in the following year. The challenge for the Government then will be to square the circle of the commitments made.

The slogan of saving the high street depends on ensuring that businesses at the heart of the high street are not priced out of financial viability by large changes in business rates—hence the Bill. However, the evidence from Wales and Scotland—which have and have used the right to alter the Covid rate relief in a previous year—is that the effect of the reduction in Covid relief was a rise in business closures above what would normally be anticipated.

As will be debated in the next group of amendments, large retail stores are an essential ingredient for a thriving shopping centre in a city, large town or retail park. It is already clear that retailers are moving more and more of their business online, partly in response to consumers but also as a consequence of the rising costs of bricks and mortar retailing—our high street that the Government intend to save. The high street will not be saved unless these larger stores are classified with all other RHL properties and charged the lower multiplier. A failure to do so simply underlines the Government’s inability to appreciate the rising taxation burden imposed on high street retailers.

Amendment 32 in the name of the noble Lord, Lord Thurlow, seeks to push the Government into wider reform of the system to fulfil the promises made about charging more to fulfilment warehouses—the Amazons of this world—to help level the playing field with traditional retailers. As the Minister knows, I have regularly provided evidence of the iniquity—I should have said inequity, but it is probably iniquity as well—of the business rating system, which has failed to be radically changed in the face of the online revolution. If the noble Lord, Lord Thurlow, wishes to test the opinion of the House on his proposals to push the Government into making deeper and lasting reform of the property taxation issue, we on these Benches will support him.

[Lord Jamieson (Con)]

My Lords, I declare my interest as a councillor in Central Bedfordshire. I will speak to the amendments in the names of the noble Earl, Lord Lytton, and the noble Lord, Lord Thurlow.

Amendments 2 and 11 are broad amendments that seek to retain the standard multiplier for all retail, hospitality and leisure hereditaments, rather than them facing higher business taxes. The noble Earl, Lord Lytton, is right to raise the issue of higher taxes on RHL businesses above the £500,000 threshold, as the Government’s stated policy intentions are not reflected in the reality of this Bill. We share similar concerns about the impact that this will have on high streets, which is why my noble friend Lady Scott of Bybrook has tabled an amendment to protect anchor stores and I have tabled an amendment on the cliff-edge effects of the £500,000 threshold.

Amendment 32 in the name of the noble Lord, Lord Thurlow, seeks to introduce a review of the introduction of a specific use class that targets businesses that operate solely out of fulfilment warehouses—the Amazon tax. The Bill does not deliver on the Government’s manifesto commitment to ensure that online giants are paying their fair share of business rates. Indeed, we expected this Amazon tax to be introduced through this Bill, and it is disappointing that the Government have not delivered anything close to such a reform in this legislation. As such, we will support the amendment from the noble Lord, Lord Thurlow, should he choose to press it.

[Lord Khan of Burnley (Lab)]

My Lords, I thank the noble Lord, Lord Thurlow, and the noble Earl, Lord Lytton, for a very constructive and positive meeting yesterday. This group of amendments seeks to amend the approach taken in the Bill regarding the targeting of the higher multiplier. They would require the removal of qualifying retail, hospitality and leisure from the higher multiplier and commit the Government to undertake a review of the merits of creating an additional multiplier and use class for fulfilment centres of retailers that do not have a material presence on our high streets. As set out at the Budget, the Government intend to introduce a permanent tax cut for qualifying RHL properties from 2026-27 by introducing two lower RHL multipliers for these properties that have a rateable value below £500,000. The Bill makes provision to enable this through secondary legislation.

In consideration of the challenging fiscal environment that this Government face, it is important that the permanent tax cut is funded sustainably, which is why the Government intend to introduce a higher multiplier to fund the tax cut from within the business rates system. It is the Government’s intention for the higher multiplier to apply to all properties with a rateable value of £500,000 and above. This ensures that sufficient funding is raised to enable the Government to provide that permanent tax cut for RHL properties with rateable value below £500,000. I thank noble Lords here today for their contributions on this topic.

The Government recognise that a small number of RHL properties fall above the £500,000 threshold. However, the helpful information published by the Valuation Office Agency shows that this is comparatively small. As per the current rating list, of the 16,700 properties in England with a rateable value at or above the £500,000 threshold, a little over 3,000 fall into the shops subsector. There is more behind this: of those falling into this subsector, around 72% are supermarkets, large food stores or retail warehouses. That leaves fewer than 1,000 stores, of which around 600 are located in London and the south-east. For most other regions, the number of shops affected is fewer than 50.

A similar pattern is present when looking at hospitality and leisure sectors. That data also shows that 670 hereditaments fall into the assembly and leisure subsector, of which 380 are located in London and the south-east. Only 550 fall into the hotels, guest and boarding, and self-catering subsector, of which 450 are located in London and the south-east. So the impact is not widespread when it is considered that there are over 450,000 shops; over 80,000 hotels, guest and boarding, and self-catering properties; and over 180,000 assembly and leisure properties with a rateable value below the £500,000 threshold. It is imperative that any tax cut is funded sustainably, so the Government do not intend to remove any properties from the higher multiplier.

Against the challenging fiscal environment, the Government have to take tough decisions. This is the fairest approach that ensures a sustainable solution to ensuring that the permanent tax cut for RHL properties can be funded from within the business rates system. For these reasons I cannot accept the amendments from the noble Earl, Lord Lytton, and I respectfully ask him not to press them.

I turn to Amendment 32 from the noble Lord, Lord Thurlow, and I appreciate his interest in Burnley warehouses. This amendment also concerns the new multipliers and how we might target online retailers that operate from large distribution warehouses and tend not to have a presence on the high street. This matter has attracted interest not just during the passage of the Bill but in the course of several reviews of business rates over recent years.

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Moved by

[Lord Jamieson]

5: Clause 3, page 3, line 34, at end insert—
“(9BA) The Secretary of State must by regulations increase the figure in subsection (9B)(b) on 1 April 2029 in line with the average aggregate change in rateable values, as recorded by the Valuation Office Agency for three tax years preceding 1 April 2029.”

[Lord Jamieson (Con)]

My Lords, in moving Amendment 5, which is in the name of my noble friend Lady Scott, I shall speak to Amendments 18 and 20, which are consequential. The amendments seek to introduce an increase in the threshold for the higher multiple, in line with the average aggregate increase in rateable values in the three years preceding the re-evaluation of the business rate multipliers. I am concerned that the Bill will introduce a stealth tax that will result in more and more businesses being subject to the higher multiple, if the higher multiple is fixed at £500,000 and does not increase with rateable values.

I listened to the points raised by the Minister in Committee and adjusted the amendment so that it considers the re-evaluation that will take place in 2029. Although the Minister claims that an alternative system will be introduced, this is uncertain. As such, it makes sense to introduce protection in the Bill.

Amendments 7, 15 and 19 seek to introduce into the Bill the definition provided for the RHL relief, which seems unnecessary given that the definition already exists in government guidance.

I look forward to the response from the Minister on the issues that have been raised. I beg to move.

[Baroness Pinnock (LD)]

My Lords, Amendment 7 and consequential Amendments 15, 19 and 22 probe the Government on the definition of retail, hospitality and leisure businesses. This is absolutely critical because those businesses currently receive 75% relief, which will fall to 40% in April, and the relief will be non-existent by April 2026. The Bill introduces the lower multiplier by way of reducing the impact of the removal of the Covid relief. It then becomes crucial for businesses to know which multiplier will apply to them.

The House of Commons Library’s detailed briefing stated that there is currently

“no definition in law of ‘retail, hospitality and leisure’ properties”.

It would be really helpful if the Minister confirmed that this essential definition will be determined in secondary legislation.

Throughout deliberations on the Bill, the Minister has repeated that RHL properties in the new regime are identical to those that received Covid relief. If that is so, surely the legal definition must already exist and can be shared in our debates on this group of amendments.

During the debate in the other place, Daisy Cooper MP wanted to know whether large RHL businesses that currently have a £110,000 cap on the Covid relief received will have that cap removed and benefit from the lower multiplier. If that is the case and they get the cap on their relief removed but also benefit from the lower multiplier, it will mean that smaller businesses end up subsidising the larger chain stores within this definition of RHL. Again, I feel sure that it is not the Government’s intention to let small shops subsidise larger ones. If that is not the case, can the Minister explain what is going on?

Can the Minister confirm that the new rating system being introduced in April 2026 will be fixed for three years, as he stated in earlier debates on the Bill, and that the small business relief will be uplifted in line with inflation? That is very important for small shops in villages and small towns. Currently, rateable values of less than £12,500 receive 100% business rates relief, and then a sliding scale exists. It is therefore critical that the rateable values are revised upwards to reflect property values. Otherwise, ever fewer businesses will qualify—fiscal drag for business rates. This is also the argument made by the noble Baroness, Lady Scott, in relation to the higher threshold being introduced. Failure to increase the £500,000 threshold results in pulling more businesses into the higher rate.

In the end, as we have heard from across the House this afternoon, tinkering with the system fails to address the fundamental problem that businesses are not what they were 100 or even 20 years ago, and property taxation must change to create a fairer, more equitable approach that does not penalise traditional businesses, which end up providing a larger portion of the tax take than is justified.

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[Lord Khan of Burnley (Lab)]

I alluded to this point in Committee. The review with stakeholders and businesses is currently taking place. We will come back as we look at the reform of business rates. In the context of the business rates review and reform, consideration is being given to hereditaments that are near, above or within a small distance of the £500,000 threshold.

[Lord Jamieson (Con)]

My Lords, I thank the Minister for his response. Although we remain concerned regarding the increased business taxes as a result of the impact of fiscal drag, having reflected on the Minister’s assurances we will not be pressing Amendment 5.

Amendment 5 withdrawn.

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[Lord Fox (LD)]

My Lords, all the amendments in this group provide for reviews of different aspects of the Bill. In moving Amendment 21, I will speak to Amendment 33 in my name and that of the noble Baroness, Lady Pinnock.

It is very clear from everything that we have heard in Committee and on Report that we are still very much in the dark as to how this Bill, when it becomes an Act, will affect our high streets. It was billed from the beginning as a measure that would save our high streets—that was clearly how it was marketed in the Commons. However, without the details that we seek, and without the context of those details, we really do not understand.

The differences between these several amendments are, more or less, on the timing of when the review would happen. In our Amendment 21, the timing is that, before the Act comes into force:

“The Secretary of State must publish and lay before Parliament an assessment of the impact of sections 1 to 4 of this Act on businesses, high streets, and economic growth”.


If the Government are serious about their assertion that they are going to save our high streets, they need to be able to support that. Nothing the Minister has said at any point has underpinned that this will save our high streets.

An impact assessment must consider the impact on different types of businesses, including small ones, and the impact on businesses operating mainly or solely on high streets, and whether the provisions will have a measurable impact on economic growth. That is the key because, from everything my noble friend and others have said, it seems that at the end of this process most businesses will be paying more in rates than they are currently paying—and how that delivers any kind of economic growth is something of a mystery to me.

So that is the nature of Amendment 21. We also support the other amendments in this group. Amendment 24 in particular requires the Secretary of State to review the impact on

“businesses whose rateable value is close to £500,000”.

That of course brings us to the plateau issue. I will leave the noble Baroness on the Conservative Benches to speak to that, but in the event that she decides to push the amendment to a vote, we on these Benches will support it. I beg to move.

[Lord Jamieson (Con)]

My Lords, I rise to speak to Amendment 23, in the name of my noble friend Lady Scott, and Amendments 24 and 34 in my name. Amendment 23 seeks to include a review of the impact of this Bill on businesses. The lack of any kind of assessment of the impact that this policy will have on businesses needs to be addressed—hence this amendment.

Amendments 24 and 34 seek to include a requirement for a report on the impact that the £500,000 threshold will have on businesses. I am particularly concerned about the cliff-edge nature of the £500,000 threshold and its impact on business decisions. A business crossing the threshold, even by £1, will see an almost 20% increase in business rates payable. This is bad enough for most businesses, but a business in the retail, hospitality and leisure sector will see a near doubling. For instance, an RHL business with a hereditament of £495,000 that invested in its property just enough to push it over the threshold would potentially see an increase in rates from around £175,000 to £325,000 as a result of the Bill. This is meaningful in terms of business decision-making.

Not only is this unfair but it is a distorting tax. This Government say their priority is growth, but think about all those businesses up and down the country facing this dilemma and the impact on their individual decision-making. I thank the Minister for his engagement on this and I appreciate that this is being driven by the Treasury and its simple spreadsheet analysis. However, these are real decisions with real-world impacts, not simply numbers on a spreadsheet.

This Bill was initially presented as one that would increase the tax share of out-of-town warehouses, dubbed the “Amazon tax”, but that is not the Bill we have been presented with. As the Minister has said previously, only around 10% of businesses paying the higher tax will be warehouses. This Bill will actively encourage businesses to stop investing in their property to avoid paying a hefty increase in business rates. We want to develop our high streets. We want to encourage businesses to invest. This not only disincentivises that critical investment but creates a perverse incentive at the margin.

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Moved by

[Lord Jamieson]

24: After Clause 4, insert the following new Clause—
“Review: threshold effect(1) The Secretary of State must undertake a review of how the provisions in this Act may affect businesses whose rateable value is close to £500,000.(2) The Secretary of State must lay the review under subsection (1) before Parliament.”

[Lord Jamieson (Con)]

I beg to move.

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Moved by

[Lord Jamieson]

34: Clause 6, page 6, line 21, at beginning insert “Subject to the review required under section (Review: threshold effect) having been laid before Parliament three months before the start of the financial year,”