Subsidy Control Bill Debate
Full Debate: Read Full DebateStephen Flynn
Main Page: Stephen Flynn (Scottish National Party - Aberdeen South)Department Debates - View all Stephen Flynn's debates with the Department for Business, Energy and Industrial Strategy
(3 years, 1 month ago)
Commons ChamberI have been involved in extensive discussion with my colleagues, and they will want to make significant contributions in Committee to address the gaps in the Bill. We continue to work on that.
As I was saying, the Secretary of State should set out the timeline for consultation on and the publication of secondary legislation that covers critical aspects of the new system. I know the House will want to see that in good time.
Public bodies have faced significant difficulties since the start of this year precisely because of the lack of guidance on how to interpret the subsidy control principles agreed in the trade and co-operation agreement, so clarity on how public authorities should demonstrate that their subsidies comply with those principles will be an important part of the subsidy regime. I am sure the Secretary of State will agree that we will want to see some decisions being made in the interests of how we recover and how we are to grow our economy for the future.
On the important issue of devolution, most importantly of all we are concerned that the Bill has not taken the four-nations approach that is essential for an effective UK-wide subsidy control regime. For example, the balance of the power to challenge between the Secretary of State and the devolved Administrations is asymmetric. I am sure that the Secretary of State has heard those representations made to him directly. Twelve months ago, the shadow Secretary of State stood at this Dispatch Box and warned the Prime Minister of the risks of undermining with policy decisions the devolution settlement that has been part of our constitution for two decades and is vital to our Union. However, on the evidence of the legislation before us, it appears that a shift in mindset and thinking has not been a part of how the Government have brought forward this legislation, and we hope that they are going to listen to the concerns that we and other Members are raising.
Let me make a point that almost follows on from the intervention of the hon. Member for Carmarthen East and Dinefwr (Jonathan Edwards). If Labour Members are so concerned about the devolution settlement, why do they not vote against the Bill?
The hon. Member will have heard my earlier remarks; although we have considerable concerns, we believe that the Bill is vital to us meeting our international obligations and we want it to pass. However, there are significant gaps and issues that must be addressed in Committee. I hope that he will work with Labour on those matters, so that the regime that comes out of this process is one that reflects the four-nations approach that I just articulated.
I appreciate the hon. Member’s remarks and I admire her confidence in being able to get the Government to address Labour’s concerns, but let me just be clear: is it the Labour party’s position that this Bill—irrespective of the damage it does to devolution—should pass?
Perhaps the hon. Member will allow me to continue with my remarks, because he has not quite represented our position. It is important that we continue the debate and detailed scrutiny of the Bill. The remarks that I am about to make may provide him with some reassurance on this issue.
It is a pleasure to follow the hon. Member for Weston-super-Mare (John Penrose), who gave a fair tour de force of the Bill. I admired his concern about transparency, which was perhaps ironic, given that he sits on the Conservative Benches. The Tories have quite happily dished out billions of pounds worth of contracts to their donors and friends for wasted personal protective equipment throughout the pandemic, but I guess that in real terms, transparency comes and goes depending on—
Has the hon. Gentleman bothered to read the National Audit Office report, which specifically says that Ministers had no involvement in any procurement decision? Will he put that properly on the record? All he is doing by making those points is trashing the name of the whole of politics, not just that of the Conservatives. It is a complete nonsense, and he should admit it.
I welcome the hon. Gentleman’s intervention. It does not put a stain on all of politics; it puts a stain on the Conservative party, where it firmly belongs, because Conservative party donors and friends have gained the most from this pandemic when it has come to contracts. [Interruption.] Conservative Members can argue all they want, but the facts are as clear as that.
Now, to the Bill before us; we got a little side-tracked there. It is important to look at the wider context of the Bill: the present situation, the past regime, and what is to come, which of course is what the Bill sets out. Let us look first at what is in place at this moment in time. As I see it, and as I think all of us in the Chamber will see it, we left the European Union, but we left to a system of nothing. We do not actually have an effective system at the moment. Indeed, I think it was the Institute for Government that deemed the current system to be completely ineffective.
That is understandable. Of course, a public body looking at what it is going to be doing does not want to break any rules, so if it does not have a full understanding of what the rules are, it will obviously err on the side of caution. In many ways, that might be an argument for the Bill. I can certainly understand why that may be the case, and that was what the shadow Minister, the hon. Member for Feltham and Heston (Seema Malhotra), intimated in terms of meeting international obligations and the like. I do not think anyone would necessarily disagree with that.
Let us reflect slightly on where we have come from in relation to state aid. Some of this has been touched on already by Members on both sides of the House, but there is one specific aspect of it that I think needs to be aired properly. It was mentioned by the former Foreign Secretary, the right hon. Member for Esher and Walton (Dominic Raab), at the Dispatch Box during Prime Minister’s questions earlier, and again by the Secretary of State—perhaps not directly, but he certainly inferred it—that state aid was a problem of unelected bureaucrats in Brussels. Yet if we look at the facts before us, 95% of all state aid measures did not even go near the European Commission’s desk, so we are almost fixing a problem that did not exist in the terms that the Government think it did, irrespective of how much they want to make Brussels seem like the bad guys.
I appreciate, though I disagree with, the stance of some Conservative Members—the hon. Member for Weston-super-Mare made this point, as I think did the right hon. Member for South Northamptonshire (Dame Andrea Leadsom) when she was in her place—that we did not, when we were in the European Union, make the most of what we could do under state aid regulations. However, the facts are that, under those terrible state aid regulations, we invested but a third of what the Germans invested, and a fraction of what others invested, so the big bad guys in Brussels were not so bad after all. Yet we left that arrangement for a system that, at this moment in time, is completely ineffective.
That brings us to the next stage, as represented by this Bill. As I see it, the Bill’s objectives are to enable strategic interventions to support economic recovery, levelling up and net zero. That is not wholly different from the EU state aid rules, which were, of course, to support the environment and innovation. The one slight difference, however, is that the EU state aid rules had a specific remit for the EU regional aid system, whereby people advocated money to be directed to less developed regions.
I have to say that I am a little surprised that there are not a few more red wall Tories present, whose regions could be described as—[Interruption.] The hon. Member for Stoke-on-Trent North (Jonathan Gullis) is waving at me; I am sure he will seek to intervene on me in due course. If I were a Conservative Back Bencher representing a constituency in the north of England, I would be deeply concerned about this aspect of the Bill. Although the Government say that the objective of the Bill is to level up, it contains no detail at all. It says that the Secretary of State will come back, subsequent to the Bill, to provide the detail on how levelling up will work. More importantly, we have walked away from a system that put money directly into less developed regions.
I am a Conservative Back Bencher representing a red wall seat in north Wales. The previous EU system was very biased against regional and localised issues of deprivation. It went for large areas, but there are plenty of areas in north-east Wales that require the same amount of help as was gifted under the European system. I would argue that the new system is much more direct, much more localised and much more effective.
I admire the hon. Member’s optimism, but I am not quite sure where he has read that, because, of course, the Bill does not have that detail. He is hoping that the Secretary of State will subsequently provide that detail, but the Bill does not make that clear.
Another extremely important point that the Bill does not make clear is in relation to relocation subsidies. Essentially, the Government are saying that they will not relocate subsidies to areas with a more significant problem. They might want to level up—to use their term—but that is not going to happen under the terms of the Bill.
Does my hon. Friend agree that, in fact, the Bill does the opposite of levelling up, in that it refuses to allow anything to happen in disadvantaged areas that will disadvantage rich areas? That is how the Bill is written—it is in schedule 1F.
My hon. Friend could not have put it better. It is a pity that there are not more Tory Back Benchers present to hear her and understand the damage that they are going to do to their own communities.
The Bill’s key objectives also include net zero. Again, there is no detail on net zero or how the Government intend to subsidise its delivery. We are being told to just believe—to hope on a whim and a prayer—that the Government will do this, that they will deliver. Let us look at that from a Scottish perspective. Let us look at the Government’s record. As the Minister and, indeed, others in this Chamber know only too well, Scottish renewables projects, which are key and fundamental to reaching net zero, pay the highest grid charges in the entirety of Europe. In the UK—on these islands—renewables projects in the south-east of England get paid to access the national grid, whereas renewables projects in Scotland have to pay to do so.
That is a vital point that will come forward in the next couple of months, when the Scottish islands could be providing as much as is coming across from some of the European interconnectors at present. On subsidies, the right hon. Member for East Antrim (Sammy Wilson) made a good point on enforcement. In part 5, an “interested party” is defined in clause 70(7) as “the Secretary of State” while others are just people who “may be affected”. Should not Scottish Ministers, Welsh Ministers and Northern Ireland Ministers be specifically outlined? Or is this something seen as being granted by London and London only, leaving London to make arbitrary decisions on subsidies? My hon. Friend makes the point very powerfully that producing renewable energy in certain parts elicits a subsidy, while in other parts it is penalised.
Absolutely. My hon. Friend makes that point incredibly well and I will come on to that clear power grab from the UK Government.
To finalise the point in relation to net zero, the UK Government are telling us that we should trust them. Well, we don’t and we won’t.
The second objective of the Bill I want to touch on briefly relates to empowering devolved Governments—I mean, come on! Empowering devolved Governments. We are going to have a subsidy advice unit set up, a new independent body that will sit within the remit of the Competition and Markets Authority, yet the devolved nations have no say, no input at all whatever, in the role of that organisation or, indeed, who sits on the board. So of course that is not the devolved nations being involved as they should be. [Interruption.] The hon. Member for Stoke-on-Trent North (Jonathan Gullis) says it is independent, but of course that is not the case. Was it not the former Prime Minister who had a role in appointments to the board of the CMA, or have I got that incorrect? I think what he is referring to in terms of an independent body is the subsidy advice unit. Of course that is, but it sits within the remit of the CMA—that is the point I am making. The devolved nations have no role in that body. Those are two very separate but important points that am sure he will come to reflect on.
The biggest and most concerning aspect relating to the devolved nations is the fact that when a public body in Scotland or Wales decides that it wants to invest in a project, the UK Secretary of State, irrespective of whether the project relates to devolved areas, can choose to call them in under the remit of the CMA. That is a clear step into devolution.
We could have a situation where somebody in England decides to set up something on the Welsh border or Scottish border without, seemingly, the powers of Scottish or Welsh Ministers, or even the Scottish Government, to try to remove the attention of Westminster. That is like the Scottish Government setting something up across the North channel almost in direct competition with Northern Ireland, with perhaps Northern Ireland not having the power of equivalence that it appears to be giving to the supremacy at Westminster, which I think is very wrong.
From the Opposition Benches this afternoon, we are hearing a lot about asymmetry. In particular, we are hearing about a lack of involvement and so on. I will not make any points about sovereignty—I do not wish to go down that road—but I will make a simple observation and perhaps the hon. Gentleman can comment on it. Was that not the case when we were a part of the EU? We were directed into things. We did not have the same control he seems to think that they should have now.
The hon. Member makes his point in his own way, but let me be clear. How can I put this? We do not think that the system that operated within the EU was one that we should have turned our back on. What did we turn our back on it for? Let me answer that briefly, as a slight anecdote: it was for Brexit—the chaos of Brexit. Food shortages, staff shortages, trade barriers, the chaos that we see—
The hon. Member has had his say, and I am sure that he will make further contributions later.
Conservative Members come to this Chamber and tell us that Brexit will solve everything, but of course it has not; it has only made things worse for working people in our society. What we have before us, in no uncertain terms, is a Bill that undermines devolution, following on from the United Kingdom Internal Market Act 2020 and the shared prosperity fund. If they want to protect their Union, they are doing a damned good job of destroying it. Do some more!
It is a pleasure to speak in this debate and to listen to the various arguments on both sides of the House.
I am a committed free marketeer and have been in business for most of my life, and I do not think that I have ever accepted a Government subsidy—other than perhaps last year under the coronavirus business interruption loan scheme. I would be interested if the Minister could reflect on whether that would qualify under this legislation. I do not really believe in subsidies, but a world without subsidies requires a perfect free market and we do not have a perfect free market. We do not have the perfect consumer, the perfect market competition or the perfect provision of small and medium-sized enterprise finance. At times, a Government absolutely need to step in and provide subsidies where there is market failure, so I welcome this legislation and the vast majority of its provisions.
Does the hon. Member think that the Government, under these new terms, will provide more subsidies than they did under EU state aid, or the opposite?
I know that is the hon. Member’s question, but I think it is the wrong question. For me, the key question is whether the subsidy is going to spend taxpayers’ money well. We can claim success not just by giving more money away than was wasted, but when the taxpayers’ money that is used proves fruitful. We should not be disappointed that we have had one of the lower subsidy levels of the countries compared today. We should be proud of believing that our businesses should stand on their own two feet. Nevertheless, I do support on occasion the Government and other public authorities providing subsidies in certain areas and for certain things.
I welcome the Bill. I know that the Minister will ensure that it receives good scrutiny and passes through its different stages. I echo the comments of my hon. Friend the Member for Weston-super-Mare (John Penrose), in that my key point is about having a greater level of scrutiny and transparency. The No. 1 reason for transparency is that, as my hon. Friend said, Governments of all shades are pretty poor at picking winners, so it is important that Governments and public authorities are held to account for their decisions to grant subsidies, which are taxpayers’ money and must therefore be spent well.
The hon. Member for Richmond Park (Sarah Olney) made an important point about cronyism. Some of the claims of cronyism in procurement that we have heard today are unsubstantiated and have been shown to be inaccurate in the National Audit Office report. People who claim otherwise bring shame on every single Member of this House; it is a flawed method of political point scoring that is deeply unhelpful. The National Audit Office clearly said that Ministers were not involved in procurement decisions.
Nevertheless, I believe in scrutiny and complete transparency, particularly when significant amounts of money—up to half a million pounds in some schemes, as we can see from the legislation—can be handed out by a local authority or devolved region, without scrutiny. Some local authorities have better reputations than others when it comes to spending money, so it is really important that we can see exactly what local authorities and devolved Administrations are doing. My right hon. Friend the Member for South Northamptonshire (Dame Andrea Leadsom) brought up this point. If we do not see a level of scrutiny, different parts of the country could try to use different means of creating some advantage, or indeed try to raise grievances, which is something that we hear not too infrequently in this place.
I absolutely support the proposal to reduce the threshold for scrutiny and transparency from the current level of £500,000, or £315,000 for cumulative subsidies outside a scheme, to a much lower level of £500. As a businessperson myself—I declare an interest—I would have no objection to declaring any taxpayers’ money we had received in our business. I think the only time we have ever received it was through the furlough scheme and the coronavirus business interruption loan scheme, which we returned without drawing on it. If we are taking taxpayers’ money, we should be accountable for it, whatever level it is at. I think the only objection that could be raised to a much lower limit would be creating red tape, but according to the research I have seen, there is a minimal amount of red tape and a minimal amount of cost—about £20,000. This simplifies matters in many areas.
In all the different cases where things have gone wrong—I deal with lots of cases of fraud and malpractice in all kinds of different financial markets—the key element of scrutiny and transparency in identifying wrongdoing has usually come from members of the public, who are perhaps closer to the ground than our regulators. If the database is made fully public, we are more likely to pick up on wrongdoing. Members of the public, and members of the press, do a fantastic job in tracking down this kind of wrongdoing.
I urge the Government to look at the threshold and bring it down to a much lower level. Aside from that, I welcome the Bill and look forward to the comments of my hon. Friend the Minister.
Thank you, Madam Deputy Speaker. I sense a restlessness among colleagues, so my comments will be brief, and the moment we are all waiting for, when the Under-Secretary of State for Business, Energy and Industrial Strategy, my hon. Friend the Member for Sutton and Cheam (Paul Scully), gets to his feet, will be upon us shortly.
It is a pleasure to follow the right hon. Member for East Antrim (Sammy Wilson). Northern Ireland is a part of the United Kingdom, and it is only right and proper that UK law and a UK subsidy regime must prevail in that part of the United Kingdom. I hope, indeed, that they will be rejoicing on the streets. My understanding is that the Government have, in effect, made it clear that article 10 of the protocol is redundant, given that the subsequent trade and co-operation agreement establishes a framework of mutual recognition of state aid rules, with which the Bill complies. Perhaps the Minister will clarify that in his remarks.
I want to make a point about how the Bill supports devolution. We have heard Opposition Members refer—not universally, but on a couple of occasions—to how the Bill damages devolution. There is much that could be said about the gaps between the way the world is viewed by Opposition Members and the way it is viewed by Government Members, but one such gap has come through during this debate in the constant references to things that are missing. I suggest that that gap indicates different ways of looking at things: while Government Members are happy to set down principles within which business can flourish and prosper, it seems to me from the comments made today that Opposition Members are looking for a high degree of prescription about what can and cannot be done. Those are different ways of looking at the world.
Let me make it clear that I am a supporter of the principles behind devolution. I want to draw out three principles in particular: local leadership, broader accountability and shared prosperity. Sadly, the first, local leadership, has never really been fully realised in north Wales. To us, devolution has led to decision-making powers flowing south to Cardiff bay. In Scotland, too, we have seen a centralisation of powers, with decision-making powers drawn from the regions to Holyrood and reserved to the Government there.
As just one example—I could give many—we saw that in the disbursal of EU funds. Only 9% of EU funds spent in Wales made it as far as local authorities for decision making; the majority were decided on and spent from Cardiff bay. England has its own problems and challenges in this area, but, by contrast, the figure in England was 36%: four times as much money and decision making flowed out into the local authorities and the regions from Westminster. That is a telling tale, because the sense in north Wales is still that Cardiff is distant and remote—accusations that are typically laid against this place. The Bill will help to address that and give local authorities and even the devolved Administrations freedom to set up targeted, effective and practical schemes in their area.
I must say, though, that something has changed in the air in north Wales since the arrival of this Government in Westminster. The sense of alienation is starting to evaporate. Those who know the area of the world I am talking about will know that in the Conwy valley and Aberconwy, the morning mists start to roll down the valley at this time of year, and they are starting to evaporate now thanks to the Government’s involvement.
There is much that I could say about how the United Kingdom Internal Market Act 2020 has changed things, but I will not, for reasons of time. I will say, though, that the prospect of inbound UK Government funds has rapidly mobilised my own council, Conwy County Borough Council. It is engaging with communities and leaders on their thoughts and plans for delivering change, and I am grateful for the support and engagement of its leader, Councillor Charlie McCoubrey, and the economy portfolio holder, Councillor Louise Emery. For my part, I have been meeting local councils, organisations, residents and business leaders in the community to seek their thoughts and advice, and there is no shortage of them.
The second principle that I would like to draw attention to is accountability. I welcome the universal reporting database being introduced through clause 33. My hon. Friend the Member for Weston-super-Mare (John Penrose) gave a tour de force on the benefits of the transparency that it will bring and even prescribed fresh air and sunshine to bring benefits to businesses.
The different reporting systems that exist in different parts of the UK have often clouded transparency and obscured comparisons. Wales and Scotland have different reporting regimes in many different areas—we have heard reference to patient waiting lists—and during the pandemic we have seen different local responses only causing further confusion. Key universal systems avoid such inconsistency, and the database provided for in the Bill will be one of those. They allow for public transparency and comparable information about how money is being spent in the UK.
I thank the hon. Member. He said at the start of his speech that he respected devolution and believed in the principles of devolution, yet throughout his speech all he has done is criticise it, to the point where he is now criticising local authorities in Scotland. Far be it from me to defend a Tory-led local authority in Aberdeen, but why is he criticising local authorities, and how does that marry with his support for devolution?
I thank the hon. Gentleman for his intervention, but I am not sure what he was listening to. Not one word of criticism of local authorities has passed my lips. I was explicit in starting my speech by addressing the principles of devolution. I suspect that he may be confusing the principles of it with the practice of it that he sees in Scotland. Accountability is important, and it has been allowed to slip, but I believe that the Bill addresses that by supporting and encouraging it.
The third and final principle that I want to mention is shared prosperity, which the Bill will support. Aberconwy has seen an impressive recovery from the pandemic, and according to some reports Llandudno has experienced the fastest recovery of any town in the UK. I pay tribute to those who are working so hard in their businesses, from Glenn Evans and his team at the Royal Oak in Betws-y-Coed to Clinton and his team at the Blend coffee shop on Clonmel Street in Llandudno. Right across Aberconwy, it is people like them who make that economic recovery a reality. We owe them a debt of thanks and gratitude for their hard work—it is not we in this place but they who make the difference, and I am grateful to them for it. The prospect of additional funds and subsidies coming their way—coming our way, into Aberconwy, directed by local leaders and businesses—provides the potential to capitalise on that endeavour, help economic recovery and bring forward the promise of a locally delivered prosperous future.
Of course, there is much to do. Other principles set out in part 2 of the Bill ensure that our internal market operates freely and without hindrance, avoiding the subsidy race that has already been referenced between different parts of the UK. Other parts of the Bill reduce bureaucracy and—again, I make this point—enable decision making by devolved Administrations in a targeted and effective way, faster and in a way that they could never do before.
Finally, I support the Government’s hopes for the Bill that it will enable a thriving competitive economy and, in north Wales, lead to the kind of investment that we want to see in renewable energy, road, rail and broadband connectivity, and, I hope, even a freeport. It is because I believe the Bill delivers on the principles of devolution and makes possible a prosperous future in Aberconwy that I will be voting in support of its Second Reading.
As always, my hon. Friend raises an excellent point. Indeed, he anticipates a couple of points I will be making. It is certainly the case that we should not leave this Government to define their own procurement principles. The Bill as it stands leaves a significant amount to secondary legislation. The balance between the efficiency of the system and the need for effective oversight, and, most importantly, the role for the devolved Administrations in developing and implementing the new system, are all important gaps.
First, as with previous Bills, including the National Security and Investment Act 2021, important aspects are left to secondary legislation. Public bodies need guidance on how to interpret the subsidy control principles, as we heard from Members during the debate. There is also little clarity on how the Bill will support the UK’s most deprived regions, which is something that was built into the EU state aid regime through the assisted areas system. The Bill was a key opportunity to spell out what levelling up actually means, but the Government have not risen to that challenge.
Secondly, there needs to be a balance between oversight and efficiency. An expedient system is vital, but we must be clear that any subsidy regime comes with the risk of market distortion and unfair discrimination, which is why the ambiguity regarding interested parties is a concern. It is also important to consider the role of the CMA’s subsidy advice unit and particularly to ask whether its lack of investigative and enforcement powers is appropriate. We will work with the Government to ensure that the right balance is struck. I hope that the Minister will provide more clarity when he winds up.
Finally, our most serious concern about the Bill relates to the role for the devolved Administrations in the new system. We have heard from Members across the House, as we did during the passage of the United Kingdom Internal Market Bill, that yet again the Government have given the matter little consideration. The Secretary of State’s intervention on that point did not provide the clarity that he seemed to think.
We recognise that subsidy control is a reserved matter, but the wider context cannot be ignored. Devolved Administrations have important powers in the area of economic development, so the Government need to tread carefully. Leaving so many areas to secondary legislation only means that there will be no requirement on the Secretary of State to consult the devolved Administrations when developing the system. The same point applies to the Secretary of State’s ability to call in subsidies. We are clear that the devolved Administrations must have an explicit role in developing and implementing the UK’s subsidy regime as part of a four nations approach.
I am afraid not. I have to make progress and I have very little time. [Interruption.] The hon. Member has intervened on a number of occasions, and I am afraid that I need to make progress.
We recognise the need for the Bill to replace the insufficient current arrangements, but although it significantly increases the speed and ease with which public bodies can grant subsidies, the key question, as we have heard again and again, is what the Bill is for. We have still not had an answer. As my hon. Friend the Member for Feltham and Heston said, we lag behind our G7 neighbours in granting subsidies to our businesses. Speeding up the system will benefit businesses only if there is a proper plan in place. That is where an industrial strategy could step in, providing the framework for the Government to set priorities, target deprived areas and boost business investment.
Labour has set out a plan to make, sell and buy more in Britain. From green jobs in manufacturing electric vehicles and offshore wind turbines to FinTech, digital media and film, we must grow businesses and industries that are fit for the future. The use of well-designated, proportionate subsidies would be critical to that plan. Instead, thanks to the Secretary of State’s ideological aversion to industrial strategy, we have no clarity on how or where public money will be spent. I urge the Minister to give close consideration to the points that we have raised.