Non-Domestic Rating Bill

Roger Gale Excerpts

Consideration of Lords amendments
Wednesday 25th October 2023 Commons Chamber

Consideration of Lords amendments

[Mr Deputy Speaker (Sir Roger Gale)]

I must draw the House’s attention to the fact that financial privilege is engaged by Lords amendment 1. If Lords amendment 1 is agreed to, I will cause the customary entry waiving Commons financial privilege to be entered into the Journal.

Clause 13

Requirements for ratepayers etc to provide information

[The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Lee Rowley)]

I beg to move, That this House agrees with Lords amendment 1.

[Mr Deputy Speaker]

With this it will be convenient to discuss Lords amendments 2 and 3.

[Lee Rowley]

It is a pleasure to return this Bill to this place after its positive reception, both here initially and in the other place more recently. Reforming business rates was a manifesto commitment, and having concluded our review of rates, the Bill seeks to deliver a fairer and more effective business rates system.

The amendments that the Government invite the House to support today are minor and do not change the policy intentions of the Bill, which we have debated before in this place. Two amendments deal with the penalties regime for the new duty on ratepayers in clause 13—they are designed to ensure that the penalties system is fairer—and the third is a minor and technical amendment that removes some obsolete wording as a result of another part of the Bill. I will deal with each amendment briefly.

Lords amendment 1 concerns the civil penalties that the Valuation Office Agency can apply if ratepayers do not provide information under the duty. These include an additional daily penalty of £60, which may only be applied if a ratepayer persistently fails to meet their obligations following an initial penalty notice. The Government have listened to the views of the experts in the other place and agreed to create an additional safeguard for ratepayers by capping the financial value of penalties that can be imposed under this provision. Daily penalties will be capped at £1,800, equivalent to 30 days’ worth of penalties. This change will also bring the valuation duty in line with the separate duty to provide His Majesty’s Revenue and Customs with a taxpayer reference number, for which a cap on penalties is already in place.

Lords amendment 2 concerns the penalty for the criminal offence of knowingly or recklessly making a false statement, an offence that is subject to higher penalties than simply failing to comply. The Bill prescribes that for a higher penalty to be applied, the VOA must be satisfied beyond reasonable doubt that the ratepayer has made the false statement knowingly or recklessly. Having reflected, we have recognised that we need to apply the same burden of proof to the procedure on appeal. The amendment therefore provides that the valuation tribunal must remit a penalty unless it is satisfied beyond reasonable doubt that the ratepayer has knowingly or recklessly made a false statement. This provides additional protection for ratepayers.

Finally, Lords amendment 3 is a minor and technical change to the Local Government Finance Act 1988, as a consequential effect of the provisions in the Bill concerning business rates multipliers. This is simply a drafting correction to improve the clarity of the statute book, and the Government do not foresee any practical effect.

The Government invite the House to agree to three minor amendments that were unanimously supported in the other place. Lords amendments 1 and 2 refine and improve the compliance framework for the new information duty, and Lords amendment 3 is a minor consequential change to improve the clarity of the statute book. I commend them to the House.

[Mr Deputy Speaker (Sir Roger Gale)]

I call the Opposition Front Bencher.

[James Murray (Ealing North) (Lab/Co-op)]

I am pleased to respond to these three Lords amendments on behalf of the Opposition. Clause 13 of the Bill introduces new duties on ratepayers to provide information to the Valuation Office Agency in order to support digitisation and a shorter revaluation cycle. It also introduces penalties to promote compliance and establishes an associated appeal system.

Through the Bill, ratepayers will initially face a penalty for failing to comply with the new duties the Bill introduces. If, having received that initial penalty, the ratepayer continues not to comply for a further 30 days, they will be liable for an additional penalty of £60 per day. As we heard from the Minister, Lords amendment 1 caps the total charge arising from that additional penalty at £1,800, equivalent to 30 days’ worth of daily fines. As my hon. Friend the Member for Luton North (Sarah Owen) said on Second Reading, we are aware of concerns relating to the new duty and the associated penalties from those representing shops, and small shops in particular. Although I doubt that all the concerns of those representative organisations and their members have been addressed by the Government, we realise that this limit on the level of the penalty may help to protect ratepayers from much larger charges while still supporting the Valuation Office Agency’s move toward frequent revaluations, which we support. On that basis, we will not be opposing its inclusion in the Bill.

Through clause 13, the Bill also introduces a new criminal penalty, which applies if a person makes a false statement while purporting to comply with the new duties it introduces. The Bill sets out that the Valuation Office Agency will decide whether an offence has been committed, and its decision may be appealed to the Valuation Tribunal for England. As originally drafted, the Bill permits the tribunal to remit such a penalty when it is not satisfied beyond reasonable doubt that the person had knowingly or recklessly made a false statement. Lords amendment 2 would require, rather than merely permit, the tribunal to remit the penalty in such circumstances. We believe that the amendment is sensible, so we will not be opposing its inclusion in the Bill.

Finally, Lords amendment 3 makes a technical change to the Local Government Finance Act 1988, omitting section 140(2)(b) of that Act. That section, which refers to Ministers making separate estimates of rateable value for England and Wales, has become obsolete as a result of clause 15 of the Bill, which makes a separate provision about the calculation of multipliers for England. As this is essentially a drafting amendment, we will not be opposing it either.

I am tempted to talk at much greater length about Labour’s plans to scrap the current system of business rates, replacing it with a system of business property tax that rebalances the burden of business property taxation away from the high street and retail firms towards online tech giants. However, I realise that that may be out of scope and that time is tight, so I will simply confirm our intention not to oppose any of these three amendments.