Landfill Tax (No. 2)

Damian Hinds Excerpts

Tuesday 16th June 2015 Commons Chamber

[The Exchequer Secretary to the Treasury (Damian Hinds)]

I beg to move,

That the Landfill Tax (Qualifying Fines) (No. 2) Order 2015 (S.I., 2015, No. 1385), dated 12 June 2015, a copy of which was laid before this House on 12 June, be approved.

It—[Interruption]

[Madam Deputy Speaker (Mrs Eleanor Laing)]

Order. We are all very enthusiastic to welcome the Minister to one of his first outings at the Dispatch Box, but I will allow my introduction to take another few seconds and ask Members leaving the Chamber to do so swiftly and silently to allow the Minister to be heard.

[Damian Hinds]

This statutory instrument implements the loss on ignition testing regime for landfill tax. Landfill tax was introduced in 1996. It has been successful in reducing the amount of waste sent to landfill by more than half, and has encouraged reuse and recycling of waste. However, we want to eliminate tax evasion and ensure a level playing field for all operators. This testing regime assists landfill operators in determining the correct rate of tax when accepting waste that results from mechanical waste treatment processes.

The regime was introduced on 1 April 2015 by way of legislation included in the Finance Act 2015 and an order—statutory instrument 2015 No. 845—was made under it using the affirmative procedure just before Dissolution. Unfortunately it was not possible to secure time for the order to be scrutinised and approved by the new Parliament before it lapsed on 14 June 2015. Therefore, we have made a new order, which came into effect on 15 June, ensuring the provisions introduced on 1 April continue uninterrupted. Today’s debate gives us the opportunity to scrutinise the order and vote on confirming its status in law. [Interruption.]

There are two rates of landfill tax: a lower rate of £2.60 per tonne for the least polluting waste and a standard rate of £82.60 per tonne for other taxable waste. [Interruption.]

[Madam Deputy Speaker]

Order. I hesitate to interrupt the Minister, but this is not a place for general conversation. The Minister is making an important speech. I am addressing the people behind the Chair.

[Damian Hinds]

Operators pass on the cost of the tax to those using their site to dispose of their waste. For some types of waste it can be difficult to determine visually which rate of tax should apply. This is particularly true of the so-called waste “fines”, which are the residual materials produced by the mechanical treatment of waste at waste transfer stations and similar facilities. In recent years this type of waste has increased significantly in volume.

Some businesses sending waste to landfill have deliberately mis-described this waste to evade the standard rate of landfill tax. When landfill site operators raised concerns, we responded by working closely with the wider waste industry to devise a testing regime. The testing regime provides an objective way to determine the rate of landfill tax that should be paid on fines from mechanical treatment, while at the same time protecting compliant landfill operators.

The loss on ignition test is a laboratory test that involves heating a sample of material in an oven to see how much the mass reduces. This provides a highly reliable indicator of the percentage of waste that is degradable, with the higher the percentage the more polluting the waste. Each year, the operator has to take a minimum number of samples from each of its customers for testing. The frequency increases if certain risk categories are triggered, such as when a sample from a customer has previously failed a test. An operator can also instigate a test if it suspects that a load is not eligible for the lower rate of tax. Only qualifying fines that produce laboratory tests at or below a 10% rate are eligible for the lower rate. However, to allow for the adaptation of processes, there is a 12-month transitional period—we are now in that period—during which we will allow waste with test results of up to 15% to be subject to the lower rate. The testing regime has been welcomed by landfill operators because it gives them more certainty over the correct rate of tax to pay and to pass on to their customers.

The order does not apply in Scotland, as the tax was devolved to Scotland on 1 April 2015—the same day the new regime came into force. One of my very first visits in this role was to a landfill site—no one can say that life is not glamorous—and I have seen for myself that the test is already working in practice, providing certainty and fairness to all parties. The test will help to address the tax evasion in the waste sector and provide a level playing field across the waste industry. It has been developed with, and supported by, the wider waste industry. I shall be happy to answer any questions that right hon. and hon. Members might have.

--- Later in debate ---

[Damian Hinds]

We have had a good, if short, debate on this important matter. Let me deal with some of the points that have been raised.

The whole point of landfill tax is to reduce landfill, and it has been successful in that regard. We have seen the amount of waste in landfill drop by 70% since 2000 and average household recycling rates have risen from 18% to 44%. Landfill tax is not the only cause of those beneficial changes, obviously, but it is one cause.

The hon. Member for North Durham (Mr Jones) is right to identify aspects of fraud that will not be eradicated by the measure, but that does not mean that the measure is not beneficial; it deals with a large part of fraud. Wider enforcement is also important, and I am assured that HMRC is on top of that. He and I are to meet in a couple of days, and I look forward to discussing in more detail particular issues that arise in his constituency and elsewhere.

[Andrew Bridgen (North West Leicestershire) (Con)]

Does my hon. Friend the Minister appreciate that it is a given that the higher the tax, the greater the incentive for people in the industry to evade the tax? What will the sampling regime be? Who will take samples of the waste and determine what grade of landfill tax is applicable?

[Damian Hinds]

Landfill operators must take a certain number of samples per customer load, depending on the risk profile of that customer. So if the operator has never had a difficulty with a customer before, rightly they should use a light touch, but where there have been problems before, that frequency should increase. There is a loss on ignition test to find out what volume of the sample is degradable and in its steady state there is a limit of 10%, but for a limited period of a year, to allow industry to make the transition, a slightly higher rate of 15% will be allowed.

The hon. Member for Wirral South (Alison McGovern) asked about conducting the tests. The key factor is laboratory capacity. The samples go off to accredited labs, and I have no reason to believe that there is a problem with capacity. It is a commercial line of business.

HMRC compliance in general is a wider issue. HMRC cannot be in every operator’s yard at every moment, but it treats all forms of tax evasion extremely seriously and has a statutory duty to ensure that the correct taxes are collected, as well as a direct incentive to do so.

[Andrew Bridgen]

Can the Minister see that the next area of potential tax evasion will be the sampling regime and what samples are taken from a large load of waste?

[Damian Hinds]

There is probably no fool-proof or fraud-proof system of taking samples. People will seek to get around the regime, but the challenge in compliance is to interrupt that activity and stop it. In the past 15 months HMRC has accelerated its response to tax aspects of waste crime. It has a range of responses, including criminal and civil investigations, and the national waste sector task force takes cross-tax approaches.

[Mr Kevan Jones]

How many prosecutions have been taken forward?

[Damian Hinds]

I may get inspiration on that point before I sit down. If not, I will not have to write to the hon. Gentleman because I will be able to update him on Thursday.

In the 2015 Budget the coalition Government provided a further £4.2 million of funding to the Environment Agency specifically to tackle waste crime. That will enable it to take action against more illegal waste sites and illegal waste exports. HMRC always acts on information indicating non-compliance. For legal reasons, it generally does not comment on specific allegations of tax evasion and fraud. It fully engages with key partner agencies, most notably the Environment Agency, to ensure that compliance and enforcement activity is properly co-ordinated.

On the question about Scotland, the hon. Member for North Durham will know that this is a devolved tax, but it is set at the same rate on both sides of the border so there is no incentive to cross the border to take advantage of a lower rate. HMRC is, of course, in close, regular contact with Revenue Scotland, and the same is true of the two relevant environmental agencies on each side of the border.

We have had a useful debate. I hope I have covered Members’ concerns adequately and I commend the order to the House.

Question put and agreed to.