Amendment of the Law

David Mowat Excerpts

Wednesday 21st March 2012 Commons Chamber

[David Mowat (Warrington South) (Con)]

I will talk about four areas: tax avoidance; the effectiveness of the Budget in terms of pension tax relief; regional policy; and some aspects of green policy, which may not be entirely coincidental given the speech by the hon. Member for Brent North (Barry Gardiner).

On tax relief, I am pleased that the Chancellor announced that the Aaronson review is to be taken forward and that we are to have a general anti-abuse rule. Sometimes Government Members express concern about retrospective legislation as though it were all about Magna Carta and attacking the rights of the individual. In this case, however, we are talking about predatory and abusive tax practices. About a week ago, I received an e-mail from a firm of accountants telling me about a tax scheme based around film tax credits—it was presumably perfectly legal—and suggesting that there was a way for me to pay no income tax. If I am getting such e-mails, others are getting them too. It is high time that these schemes were put away for ever. I am pleased that the Government are going to move forward on that, although they may wish to consider some kind of de minimis limit as regards how the measure would work in order to avoid over-zealous tax inspectors getting in the way.

I am particularly pleased about the Government’s announcement on stamp duty. For the past three months, we have known that this measure was coming and that the loophole would be closed on 21 March, and I have been concerned about that, given what often happens in such cases. I assumed, rightly I think, that across London in particular estate agents and solicitors were putting houses into companies in order to avoid the measure. I was therefore delighted when I saw the detail of the proposed legislation, which, as far as I can see, fixes this practice. The Government are going to consult on a proposal that will force people to take their houses out of such companies and, presumably, pay tax at the new higher rate. I commend whichever civil servant thought of that. Tax avoidance matters; it strikes at the heart of the notion that we are all in this together.

Before I leave the subject, I would like to discuss it in the context of the BBC. Members on both sides of the House will remember the “Newsnight” exclusive about the head of the Student Loans Company who was not having tax deducted at source even though he was, to all intents and purposes, a full-time employee. The Government have correctly agreed to fix that and to undertake a review of the rest of the public sector. I sent a freedom of information request to the BBC, asking it how many of its employees did not have tax deducted at source. The answer was that 320 non-talent based employees—in other words, administration employees—earning more than £50,000 a year were not having tax and national insurance deducted at source through pay-as-you-earn. The review that is being conducted across Government to ensure that that is not happening explicitly excludes the BBC. I ask Ministers to reconsider that. I will repeat the statistic: 320 non-talent based BBC employees earning more than £50,000 a year do not have tax or national insurance deducted at source through PAYE. That is not acceptable.

I will talk briefly about pension tax relief. I know that this is a complex area, but I am concerned that the Government are not making the progress on private sector pensions that is needed. In broad terms, the industry is failing. There is market failure in the pension fund management industry and the annuity industry. There is a massive asymmetry of information between the industry and the people it purports to serve. Charges are out of control. I am delighted that the National Employment Savings Trust is coming in. There are limits on who NEST can serve and how it can serve them, which were forced on the Government by the industry.

It is time to look again at the whole area of pensions. In particular, we should look at what the Government spend on tax relief. They spend £8 billion on higher rate tax relief and £30 billion on tax relief in total. If that tax relief was going into people’s pension pots towards their retirement prosperity, that would be one thing. The truth is that 31% of pension pots go on charges. It is possible that that rises to 50% of pension pots when churn costs and the rest of it are taken into account.

I would have liked the Government to remove higher rate tax relief in the Budget, because frankly it is a subsidy for a chunk of the investment management industry in the City. At the same time, I would have liked them to reverse the raid on pensions undertaken by the right hon. Member for Kirkcaldy and Cowdenbeath (Mr Brown). That could have been done easily with the money, and they might have been able to increase the overall rate of old-age pensions with what was left over. Indeed, if we removed all tax relief on pensions from this failing industry, we could increase the old-age pension by 60%. That model would put us much closer to how continental Europe deals with this matter, and we could still encourage savings through individual savings accounts and the like.

My hon. Friend the Member for North West Leicestershire (Andrew Bridgen) said that he was in favour of the regional pay policy. Anything that the Government do in that regard must be evidence-based. Taking money out of the regions is not, on the face of it, the easiest or best way of changing the north-south divide. In the last year of the previous Government, London had double the gross value added per head of the English regions. We must tread carefully. The Government must make fixing that statistic a priority. In no other country in the world—not in Germany, France or Italy—does that sort of discrepancy between the capital city and the regions exist. We must be circumspect about the regional pay policy.

I was pleased with the announcements in the Budget on the northern hub and the Manchester earn-back model. However, I was disappointed that of the £30 billion of infrastructure spending that the Chancellor announced before Christmas, 84% was for London and the south-east. We need to fix that.

Unfortunately, I do not have time to talk about green policies, so the hon. Member for Brent North will not hear my thoughts on his speech. I will at least leave the three areas that I have discussed with Ministers.