Localism Bill

Lord Shutt of Greetland Excerpts

Tuesday 28th June 2011 Lords Chamber

[Lord True]

My Lords, I intervene briefly from the perspective of a local authority. I think that most local authorities would have enormous sympathy with what the right reverend Prelate has just said. I am generally very suspicious of definitional creep. I do not think that the charity world has necessarily been helped by the major attempt to redefine a charity after doing away with the great simplicity and proven law of the Elizabethan statute. Therefore, I hope that we are not going to move down another definitional road.

I would not want to see local authorities not being able to have constructive dialogue with charitable organisations, because I think that discretionary relief is extremely important. On the other hand, sometimes premises are certainly not used as efficiently as they might be. It might be for the general good if two or three charities shared offices that might be improved, and I would not want to see that kind of exploration forbidden. Therefore, I, too, should like to hear from my noble friend, but I certainly feel that this is a provision that local authorities would like to stay long in law.

I could speak for a long time on the subject of the fine arts but I do not think that I will. The noble Lord, Lord McKenzie, referred to eloquence and I wondered whether his much admired contributions to these debates meant that debating was a fine art as well. If so, he should be part of it.

[Lord Shutt of Greetland]

My Lords, I thank the noble Lords who have contributed to this debate. It might be easier if I start with the right reverend Prelate the Bishop of Birmingham on the whole business of relief. The message is that there is to be no change in relief for charities. Whether it is mandatory or discretionary, the answer is, “No change”. There is no element of change in this provision. To me, the words that the right reverend Prelate is concerned about are a bit convoluted, but that convolution is because of the business rate element. For charities, however, I repeat that there is no change.

I return to the three amendments. Amendment 118A would require an authority to have regard to the interests of business rate payers as well as council tax payers. When the noble Lord, Lord McKenzie, spoke to the amendment, he was looking at contingent events rather than where we stand now. The words,

“only if it is satisfied that it would be reasonable”,

are included because the local authority that wanted to assist a business rate payer would have to realise that the council tax payer would in effect be funding it. The Bill is saying that a local authority has to be certain that it is reasonable, bearing in mind who will carry the burden.

[Lord McKenzie of Luton]

Just so that we can tick off this item as we go along, my amendment to include the business rate would still be qualified by “set by it”. It would not cover NNDR, which are set nationally by the national multiplier, and would come into effect only if circumstances arose in which there was local discretion on the business rate. Just as council tax is set by it the business rate would be set by it. My amendment sought to include those circumstances and the interests that had to be considered when applying discretionary relief. It was not meant to include NNDR as currently constituted.

[Lord Shutt of Greetland]

I understand that this is in order that the national business rate can be relieved by local government saying, “This is a bill that you don’t have to pay or that can be reduced”.

[Lord McKenzie of Luton]

I am sorry. I promise not to interrupt the noble Lord again, well maybe no more than once. I accept that what are being relieved by this provision are NNDR—the business rates—but the clause requires that when making judgments about discretionary relief there must be,

“regard to the interests of persons liable to pay council tax”.

Currently, they are the people who bear the cost of the discretionary relief. Should not the Government localise the business rate so that it is set locally in the future, it is another source of income set by the billing authority, and the interests of the persons involved in that are reasonably taken into account?

[Lord Shutt of Greetland]

My Lords, that may well be the case, but that is for another day. This clause makes it clear that the council tax payer in effect foots the bill, and it is for the local authority to say, “Look, be careful, the council tax payer is going to have to suffer this. Are you certain you are doing the right thing?”.

On Amendment 118B, I, too, have been having trouble with the definition of “fine arts”. All I know is that the “fine” is not the same “fine” that my noble friend Lord Attlee was having difficulty with. It is a different use of the word. The best thing to do is to go back to the Local Government Finance Act 1988. I have it here because I dug it out. The first thing I thought about 1988 was that it was the year after 1987. Actually I am thinking of 1997 and the previous Government, but it was a long time ago. That Act refers to premises,

“whose main objects are charitable”—

which in itself covers many arts organisations—

“or are otherwise philanthropic”—

which may also well cover arts organisations—

“or religious”—

which may also cover arts organisations. It then says,

“or concerned with education, social welfare, science, literature or the fine arts”.

We are exactly where we were before. The Bill does nothing to disturb, in a positive or a negative way, what can be done so that charitable, et cetera, bodies do not have to pay the full rates. I think that is a fair position. Others may well still have to consider the precise recognition of a fine art that does not happen to be charitable or philanthropic, or indeed whether it is an art that does not happen to be charitable or philanthropic, but many people will find a way of discovering that they are charitable or philanthropic. There is no reason why a local authority could not give grant relief to any arts organisation, provided that it considers the interests of council tax payers and fund the relief itself.

Under Amendment 118C, there would be no statutory duty on authorities to have regard to any guidance. If the Secretary of State chooses to issue guidance, it is likely to be largely administrative in nature, covering such matters as state aid issues and the relationship between billing authorities and precepting authorities. Such guidance may well be welcomed. Of course, authorities would only have to have regard to the guidance; they would still be able to grant relief in accordance with the law as they see fit.

I hope that I have responded to those three amendments and, indeed, the major matter of the integrity of the position on rate relief that remains for all sorts of charitable and other bodies. Therefore, I trust that the noble Lord will be able to withdraw his amendments and, indeed, that we will be able to stick to this clause.

--- Later in debate ---

[Lord McKenzie of Luton]

The thrust of Clause 40 is to automate the small business multiplier to improve uptake of the small business rate relief. We support this, but there are two components of the relief. Fundamentally, it is obtained by a small business multiplier—essentially the rate of tax—which is applied to the rateable value of a property, but, additionally, properties with rateable values of less than £6,000 are entitled to a further 50 per cent relief, with properties between £6,000 and £12,000 getting tapered relief. Currently, before the change proposed in the clause, the benefit of the multiplier and the further relief depend generally on a business occupying only one property as well as falling within the rateable value thresholds. In addition, a business has to make an application to that effect.

To make eligibility more automatic, the provisions of Clause 40 do away with the requirement for a business to make an application, and for the purpose of the small business multiplier, it is no longer necessary for a business to occupy just one property. However, for the further discounts to apply, it is necessary for the business to occupy just one property. Clearly, this latter component cannot be delivered automatically, and our amendment seeks to address this quite narrow and particular point. There is no formal requirement to make an application and, according to the impact assessment, it is left to each authority to determine how it goes about identifying those who are eligible. In essence, we consider that there should be an ongoing obligation for billing authorities to promote the small business rate relief. Noble Lords will be aware that the amendment has the backing of the FSB. Authorities will be helped in this by having on record prior applications concerning eligibility based upon single property occupancy. Noble Lords will be aware that the benefit of the relief is met by increasing the multiplier on other properties, so it is not met by government, but by other occupiers of hereditaments. I trust the Minister will be able to support this modest amendment. It is not a cost to government.

I shall close with two questions. Removing the requirement for single occupancy for the small business rate multiplier will lead to large as well as small businesses being able to benefit. Before, single property occupancy was equated with a small business, but now you can occupy lots of low rateable value property and still benefit from the relief. Have the Government made any estimate of the additional cost associated with large businesses now being able to access the benefit of this relief? Is single occupancy judged on an individual company basis, or are there rules which require matters to be dealt with on a group basis? I shall be grateful if the Minister is able to deal with those points. I beg to move.

[Lord Shutt of Greetland]

I thank the noble Lord for moving this amendment. Authorities are already under a statutory duty to provide information about small business rate relief with bills every year, and last year, we also requested authorities to write to all ratepayers with rateable values below £12,000 to remind them that they may be eligible for the relief. Take-up of the relief is already high, and the changes we are making will be able to push it even higher.

This amendment would therefore just place another unnecessary duty on authorities, which is something to which this Government are strongly opposed, and it would be one which central government would have to fund, so I cannot agree the amendment as such.

--- Later in debate ---

[Lord Tope]

My Lords, Amendment 118E is fairly clear and straightforward. In view of the time and in order to make progress and get on to the next part of the Bill, I will move this amendment formally so that the Minister can reply and we can have the reply on the record. I beg to move.

[Lord Shutt of Greetland]

My Lords, from day one, the Government have been committed to providing meaningful help to businesses hit by certain backdated rates bills, such as some businesses in ports. Despite the financial situation that we inherited, we have honoured our commitment to find a permanent solution to the problem and safeguard jobs and businesses. We are taking the necessary powers through Clause 41 of the Localism Bill to cancel these bills.

I welcome the spirit behind the amendment, which aims to clarify that only backdated rates liabilities between 1 April 2005 and 31 March 2010 can be cancelled. However, the current draft achieves this by limiting the cancellation to the 2005 rating list which applies only to chargeable days between 1 April 2005 and 31 March 2010, as the new 2010 list would apply from 1 April 2010. The draft regulations are clear that only an alteration to the rating list that occurred on or before 31 March 2010 can qualify for the cancellation. The amendment is not needed. New Section 49A(2)(a), as inserted by Clause 41, limits the cancellation policy to properties entered in the 2005 rating list, so the current draft already achieves the aim of the proposed amendment. I trust that this will be sufficient for the noble Lord to be able to withdraw the amendment.

[Lord Tope]

My Lords, I am grateful to the Minister. It is indeed sufficient.

[Lord McKenzie of Luton]

Does the noble Lord have a figure for the extent to which those who are getting the benefit of the removal of the imposition of backdating under the eight-year agreement have already discharged in whole or in part their obligations?

[Lord Shutt of Greetland]

My Lords, I have several papers here but that figure is not within them. I imagine this was raised when we discussed this a year or two back. However, I will write to the noble Lord and see that a copy of the letter is placed in the Library.

[Lord Tope]

My Lords, I beg leave to withdraw the amendment.