Subsidy Control Bill

Nigel Mills Excerpts

2nd reading
Wednesday 22nd September 2021 Commons Chamber

[Nigel Mills (Amber Valley) (Con)]

It is a pleasure to speak in this debate and to follow the hon. Member for Aberdeen South (Stephen Flynn). I echo my hon. Friend the Member for Weston-super-Mare (John Penrose) in broadly welcoming the Bill’s direction, and indeed its existence; I think that we need a robust subsidy control regime and I am glad that we are putting one in place.

I largely welcome the Government’s central decision to put parameters and rules in place and then trust public authorities to follow them, rather than having a very strict consent regime that would then become slow and cumbersome. I think that that is the right way to go, but it is intriguing to read the Bill and find a control regime that applies only if there is a

“subsidy…of interest or particular interest”,

neither of which terms is defined. At some point, a future Secretary of State could end up with quite a controlling regime by defining “particular interest” as any subsidy of more than half a million pounds, and then we would be back where we were.

It would be interesting to hear what the Minister thinks a “particular interest” might be and what the criteria might be for going into it, so that we know roughly where the line will be drawn, where the discretion for authorities is, and where we will start to expect mandatory or voluntary referral for advance clearance. I do not object to that process, because one of the key things for any subsidy regime is getting certainty so that when a business receives a subsidy, it knows that the rules have been followed, that it is entitled to it, and that there will not be a claim in six months’ or a year’s time that ends up with its having to repay the subsidy and being in worse distress than at the start. Having a regime with clearly drawn lines, so that everyone knows where they are and knows that once something is given it will stick, is hugely welcome. When we consider the Bill in more detail, it would be helpful to know where the line of discretion will be drawn.

The quid pro quo of a regime without intrusive up-front clearance is that we must have transparency on what is being paid, so that everyone knows that it is consistent with the rules and that some public authorities around the country are not misinterpreting them or, heaven forbid, deliberately doing things that they should not be doing. Clearly a risk in any subsidy regime is money being paid out in unlawful ways, so we want to be able to identify that situation pretty quickly.

[Angus Brendan MacNeil]

The hon. Gentleman is making some excellent points. I think that a Bill’s Second Reading is the time to test the arguments. He mentioned transparency, and a colleague of his debated a similar point with the SNP Front-Bench spokesperson, my hon. Friend the Member for Aberdeen South (Stephen Flynn). The crux of it comes back to the state aid point. In the European Union, there were 27 or 28 states and a very defined gamekeeper among all those poachers, namely the European Commission. The concern that I think SNP Members share is who the gamekeeper is and who the poachers are. Are the UK Government playing both gamekeeper and poacher in regards to subsidy? I am testing the arguments in this debate, but over time the Government will need to address the point and be very clear that they are not taking both sides, as poacher and gamekeeper.

[Nigel Mills]

I think that I understand the hon. Gentleman’s point. One attraction that I think the EU system had for the Treasury and occasionally for some politicians was that they could say, “We’d love to give you a grant to save your business, but tragically we’re not allowed to under EU rules,” when actually they did not want to because they knew it was not the right thing to do, so it was handy to have somebody else to blame. I think the Bill sets out that the CMA is the body that will or will not give clearance. It will not be Ministers doing that, so if the hon. Member wants a gamekeeper in this situation, I think it is the CMA.

[Angus Brendan MacNeil]

But is the CMA not a body of Westminster construction, as opposed to being a body of the Union?

[Angus Brendan MacNeil]

Well, there are many Parliaments in this United Kingdom at the moment, and we know that each and every one should have the same voice. If this is the poacher and gamekeeper Parliament, surely that is a problem for Northern Ireland, Scotland and Wales—that is the argument that I would postulate.

[Nigel Mills]

I think it is fair enough for a UK single market to have a single regulator that decides a subsidy regime to ensure that the application of the rules is consistent across the whole of that single market. The hon. Gentleman wants to go back into the EU single market, which has a single regulator which decides things across the whole of that its single market. He does not seem to accept that the EU single market should have the same arrangement.

[John Penrose]

May I strengthen my hon. Friend’s point by saying that whatever people’s views of the CMA may be, it is pretty well respected as being a robustly politically independent organisation, no matter who is in government?

[Nigel Mills]

I am grateful to my hon. Friend, but I think we should move on from this point before we lengthen the debate into something that we do not want.

As I was saying, a transparency regime enabling us to see promptly what is being paid to whom and for what reason, and what the expected outcomes are, is of key importance. I agree with what my hon. Friend was saying earlier: a regime in which we have to wait six months for a disclosure, and then only of amounts over half a million pounds, has the wrong balance. I think that is where we end up with concern over subsidies, and scandals brewing, and then a lurch back towards more of a clearance regime. I urge the Government to rethink those points.

We are not expecting public authorities to be handing out huge numbers of subsidies after half an hour’s consideration. The rules that we are introducing are fairly strict. There will have to be some careful consideration of any proposed subsidies to ensure that those rules have been met, and there are processes for checking that the person who is being paid has not already exceeded a certain threshold. It is not a half-hour, quick and dirty process; there is plenty of time to gather the information that is needed to declare the subsidy, which can then, pretty promptly, be put on to what I suspect will be a simple database form that the CMA, or whoever, will put in place. I do not think it is an intrusive burden to have to say, “Here is what we gave to whom and why.”

I should add that I would like it to be possible to see the identity of the beneficial owner of the entity that has received the subsidy on the database, so that we can see who is really benefiting, rather than seeing some obscure, lower-down subsidiary name, which would make it not very easy to trace by going through the whole system who has been getting what from different public authorities.

Let me suggest as a comparison the furlough scheme, which is essentially a subsidy being given to businesses to pay their employees’ wages. We have published the names, in a range of bands starting with £1 to £10,000, of employers who have received that subsidy during the pandemic. I think that if we can publicise the details of employers who have received up to £10,000, we can justify publishing the name of anyone who has received a subsidy that has gone through a due process, down to a much lower level than £500,000, without its being unduly damaging to their commercial confidential interests. I think that someone involved in the process of asking for money from the taxpayer should accept and welcome that transparency. There should be nothing to be ashamed of, nothing to hide: if that money is needed for a good purpose, there is no reason why we should not know about it. I urge the Government to make some changes in that regard.

I was intrigued by the remarks about the way in which taxation policy can elide with the subsidy regime. There are quite a few cut-outs for taxation situations which I guess make sense, but I think there could be a role here. If we are giving individual taxpayers very generous tax deals, letting them off liabilities that they may owe for reasons that may not necessarily be entirely technically robust—as people have feared before—I see no reason why those should not count as subsidies and therefore be published through this regime, in order to get around that horrible situation in which we know that deals are being done but we do not know who the beneficiaries are. I think that it would be an interesting legal challenge to establish whether they are caught by these rules.

My final remark—I think—concerns the exclusion of subsidies for purposes of national security. I have absolutely no objection in principle to our being unable to publish everything that is spent in relation to national security, but those words—

“for the purpose of safeguarding national security”—

constitute a very broad definition. We have hit a problem with the freedom of information rules in this regard. Some authorities have an incredibly broad interpretation of what that means. I think it was the West Yorkshire fire and rescue service that would not publish a response to an FOI request about the vehicles it had bought in case someone could somehow clone them and thus get into its premises. I hope that the Government are not expecting to have such a ridiculously broad definition of national security that we cannot in any circumstances see the subsidy given to any defence company, or police authority, or fire and rescue authority. Given that energy security is probably a national security issue, presumably no energy subsidy could be published. I suspect that some creative people around the country could find all manner of ways of making the broad definition “for the purposes of national security” exempt almost anything from these rules. I hope that we can be clear in Committee about the sort of things we think we should not publish, and about where the line should be drawn as to what we can see. If we have too many exemptions from these rules, we will end up weakening confidence in the system. We could end up with scandals that could lurch us away from the fast-moving, flexible system that the Government want in order to get aid where it is needed fast. We could end up back in a cumbersome, slow and bureaucratic system to try to avoid the scandals that we could see from a lack of transparency.