Rating (Property in Common Occupation) and Council Tax (Empty Dwellings) Bill

Baroness Winterton of Doncaster Excerpts

3rd reading: House of Commons & Report stage: House of Commons
Tuesday 15th May 2018 Commons Chamber

Consideration of Bill, not amended in the Public Bill Committee

[Madam Deputy Speaker (Dame Rosie Winterton)]

As indicated on the Order Paper, the Speaker has certified that the Bill relates exclusively to England on matters within devolved legislative competence. As the Bill has not been amended, there is no change to that certification.

Under Standing Order No. 83M, a consent motion is required for the Bill to proceed. It has been tabled and is available in the Vote Office. Does the Minister intend to move the consent motion?

[The Parliamentary Under-Secretary of State for Housing, Communities and Local Government (Rishi Sunak)]

indicated assent.

The House forthwith resolved itself into the Legislative Grand Committee (England) (Standing Order No. 83M).

[Dame Rosie Winterton in the Chair]

[The Second Deputy Chairman of Ways and Means (Dame Rosie Winterton)]

Order. Will Members leaving the Chamber do so quietly?

[David Linden (Glasgow East) (SNP)]

I beg to move, That the Committee do sit in private.

[The Second Deputy Chairman]

I am afraid that that the hon. Gentleman cannot move that in this Committee.

I remind Members that if there is a Division, only Members representing constituencies in England may vote on the consent motion.

Motion made and Question proposed,

That the Committee consents to the Rating (Property in Common Occupation) and Council Tax (Empty Dwellings) Bill.—(Rishi Sunak).

--- Later in debate ---

[Andrew Percy]

I am sorry that I am not the real voice of England; I do not know what that makes me. The hon. Gentleman suggests two solutions to this problem: one is Scottish independence, which the people of Scotland have rejected, and the other is federalism, which the people of England clearly do not want, because all polling shows that there is not majority support for an English Parliament. So what is the SNP’s policy? Does it want to force independence against people’s will, or does it want to force a system on England against the will of the English? It would be nice to know which undemocratic solution it wants.

[The Second Deputy Chairman of Ways and Means (Dame Rosie Winterton)]

Order. The hon. Member for Perth and North Perthshire may have been drawn down certain paths. I have been listening carefully to what he has been saying, and I have given him some leeway, but I remind him that the motion before the Committee is that the Legislative Grand Committee (England) consents to the Bill. I hope he will not be drawn down other tracks and will confine his remarks to that proposition.

[Pete Wishart]

For that, I am very grateful. I cannot believe that I have been drawn down constitutional cul de sacs by the outrageous contributions we have had from hon. Members. I will now ensure that my remarks are confined to the Bill, which is very important.

We have to find out why the Bill is important. It is important because in 2017, in the autumn Budget statement, the Government said that they would legislate to give effect to two of the Chancellor’s commitments, one of which was to retrospectively reinstate particular features of business rates revaluation practice which applied before the judgment of the Supreme Court in Woolway (VO) v. Mazars UKSC 53. That is important, and it is one of the reasons why we are doing this. There is another probably much more important reason why we should consider the English-only parts of this important Bill and make sure that we understand and debate it properly during this Legislative Grand Committee. The Bill will give local authorities in England the discretion to charge a council tax premium of up to 100% on long-term empty dwellings.

--- Later in debate ---

[Pete Wishart]

I always enjoy enlightening my hon. Friend, although it is usually not necessary. I feel obliged to try to offer further enlightenment on these particular issues. There are other examples. I gave the example of my house, but my hon. Friend is a crofter, and I am pretty certain that his is a single dwelling on the isle of Barra—in fact, I know it because I have seen his place on several occasions. I know how he utilises his land and I am pretty certain that, when it comes to him, the generality of the rule applies. His dwelling is generally designed for the purpose of crofting and habitation. I am pretty certain that his property is not contiguous and that there is no such issue with his land. I am looking at my hon. Friend and—

[The Second Deputy Chairman of Ways and Means (Dame Rosie Winterton)]

Order. The hon. Gentleman must bear in mind that he should face the Chair. Although he likes looking at his hon. Friend, it is better to look at me.

[Pete Wishart]

It is always a joy to look at my hon. Friend, Dame Rosie, but I will try to resist for the purposes of my brief contribution to this Bill today.

--- Later in debate ---

[Pete Wishart]

Actually, I am looking forward to seeing the right hon. Gentleman’s hon. Friends join him—it is always nice to see our friends from Northern Ireland here. We may not be as well endowed with largesse from the Government in order to secure a majority, but we will muddle through on what we secure from the Barnett formula.

[The Second Deputy Chairman of Ways and Means (Dame Rosie Winterton)]

Order. The hon. Gentleman will return to the subject of the debate.

[Pete Wishart]

I want to get back to the rule, Madam Deputy Speaker, because it is the key issue in the Bill, one that must consume and concern the House more than any other. The rule was widely understood and accepted by ratepayers. It was generally understood and I think everybody appreciated what was happening. Representatives in the Valuation Office Agency are responsible for assessing business rates. However, the rule received negative judicial treatment in the 2015 judgment of the Supreme Court in the Woolway v. Mazars case. As a result, the VOA has had to change its practice. The practice is now that separate units of property in a shared building should be treated as separate rating units and should therefore receive their own rules irrespective of whether they are in the same occupation and are contiguous.

That is what we are here today to consider properly. This is an important issue. I will try to list some of the towns and cities—hon. Members will represent some of them—throughout the United Kingdom where it will apply and where it is important. I will start with Abingdon-on-Thames, where there will be dwelling houses that are contiguous and which may or may not be part of the general rule and may have exceptions. There is Accrington, Acton, Alcester, Aldershot, Alnwick, Alston, Altrincham, Ambleside, Amersham—I think we can see where this is going—Andover, Arundel, Ashburton, Ashby-de-la-Zouch—[Laughter.] Hon. Members are laughing at my pronunciation. I challenge them to get to their feet and say Auchtermuchty. There is Axminster, Aylesbury, Bakewell, Bampton, Banbury—Madam Deputy Speaker, I could go on and go on.