Taxation (Post-transition Period) (Ways and Means)

Jesse Norman Excerpts

Ways and Means resolution & Ways and Means resolution: House of Commons
Tuesday 8th December 2020 Commons Chamber

[The Financial Secretary to the Treasury (Jesse Norman)]

I beg to move,

That provision (including provision imposing and regulating new duties of customs) may be made in connection with goods in Northern Ireland and their movement into and out of Northern Ireland (whether the movement begins or ends in Great Britain or elsewhere).

It is a delight to see you in the Chair, Mr Deputy Speaker.

In less than a month’s time, the UK will reach the end of the transition period and resume its place as a fully sovereign trading nation. As colleagues across the House will be aware, our negotiations with our counterparts in the EU continue. The Government remain cautiously optimistic about the conclusion of those talks. However, there is no doubt that we have a responsibility to the people of the United Kingdom to be ready for every outcome. The measures contained in the Taxation (Post-transition Period) Bill, which will be introduced and published following this debate, will play an important part in those preparations. The Bill will help to give confidence and certainty to the owners of businesses small and large throughout the United Kingdom after the end of the transition period.

[Sir William Cash (Stone) (Con)]

Will my right hon. Friend explain exactly how this matter we are dealing with now will be affected by the statement made by the Chancellor of the Duchy of Lancaster about an hour ago, which also deals with the question of goods to be considered not at risk, and with questions relating to customs and tariffs, and the decision that appears to have been taken that the Government have agreed in the Joint Committee with Mr Šefčovič on a number of matters of which at the moment we only have an outline? I know the Chancellor will make a statement tomorrow, but perhaps my right hon. Friend could assist us in this matter, because it quite clearly has relevance to what he is saying now.

[Jesse Norman]

I am very grateful to my hon. Friend for raising the question, and I will touch on it in my remarks in my opening speech, but I should say to him that I am not better sighted on the breaking news than he is. He will have ample opportunity to address this matter tomorrow with the Chancellor of the Duchy of Lancaster when he comes to the House. As my hon. Friend will be aware, this matter was a product of a joint negotiation with the Commission, and the UK Government do not control the timing of that, and therefore the Chancellor will come at the earliest opportunity to the House to discuss the matter with colleagues from all political parties.

Today’s debate is on the important but technical ways and means motions that we need to pass before the Bill is debated tomorrow. If I may, I will talk a little about the Bill’s key elements in greater depth in order to foreshadow what we are going to see over the next day or so. The Bill will take forward important changes to our tax system to support the smooth continuation of business across the UK. In particular, it will ensure that we meet our commitments to the people and businesses of Northern Ireland in relation to the implementation of the Northern Ireland protocol. It will help to uphold our pledge to protect the UK’s internal market by ensuring that Northern Ireland goods have unfettered access to Great Britain. To that end, the Bill will set out a new framework for the UK’s customs, VAT and excise systems following the end of the transition period, so that there are clear rules in place for goods movements.

If I may, I will start with the areas of the Bill that relate to customs. The motion before us relates to legislation that will be required for customs duties and processes to support the practical implementation of the Northern Ireland protocol. I want to underline to right hon. and hon. Members that the legislation follows directly from the commitments made in the Government’s Command Paper on the implementation of the protocol, which was published in May of this year. The House will recall that the Northern Ireland protocol guaranteed no checks or controls at the Northern Ireland-Ireland land border and maintained the UK as a single customs territory.

The legislation will achieve its aims through a series of targeted changes to the Taxation (Cross-border Trade) Act 2018, focusing on five specific areas. First, the changes will ensure that EU goods imported to Northern Ireland from the European Union—for example, goods moved across the Ireland-Northern Ireland border—are not subject to customs duties or processes.

Secondly, the changes will introduce a framework for charges on goods arriving in Northern Ireland, both from Great Britain and from the rest of the world, that are considered at risk of moving into the EU, subject to conditions agreed under article 5 of the Northern Ireland protocol.

Thirdly, these alterations to the TCTA will establish the framework for the UK Government to offer waiver and reimbursements for tariffs that are still incurred when that is needed.

Fourthly, the customs aspect of the legislation will ensure that the UK’s customs regime applies to goods moved from Northern Ireland to Great Britain if they do not qualify for unfettered access. Anti-avoidance rules will prevent goods from being re-routed through Northern Ireland in order to enter Great Britain without undergoing UK import processes.

Finally, the rules will ensure that customs enforcements, penalty, review and appeal provisions in relation to duty can continue to work alongside EU legislation in Northern Ireland and can apply where required in relation to movements of goods between Northern Ireland and Great Britain.

I will, if I may, respond to my hon. Friend the Member for Stone (Sir William Cash), who raised the point earlier. He was right to point to the EU-UK joint statement that has just been made. This sets out the agreement in principle regarding the implementation of the Northern Ireland protocol. The Government are therefore not introducing the so-called notwithstanding provisions to the taxation Bill. In the light of that, the Opposition’s proposed amendment to the first motion is unnecessary.

This Bill will also allow us to amend and modify certain provisions in relation to VAT and excise, including mechanisms to ensure that, in so far as is possible, VAT will be accounted for in exactly the same way as it is today. In addition, the Bill will make provision for amending current legislation for excise duty to be charged when excise goods, such as alcohol, tobacco and certain fuels, are removed to Northern Ireland from Great Britain.

[Sir William Cash]

As my right hon. Friend knows extremely well, all these matters relating to the Northern Ireland protocol and the withdrawal agreement have direct relevance to the question of sovereignty. A statement was made by the Paymaster General yesterday relating to the question of negotiations, but the matters that have just been raised by the Chancellor of the Duchy of Lancaster in his statement to the press and to the public, but not to this House so far, have not been dealt with properly, because that statement has not yet been made to the House of Commons, although it has been published in general.

The point that I wish to make is simple and I would be grateful if my right hon. Friend addressed it. In withdrawing the “notwithstanding” provisions—clauses 45, 46 and 47 of the internal market Bill—which have a direct relevance to the question of sovereignty, does he have any comment to make and could he please help the House to understand, if these provisions are being withdrawn from the internal market Bill and will not be introduced in the taxation Bill, for which he does have responsibility, what are the implications for sovereignty with respect to what has been announced? I understand that the Chancellor of the Duchy of Lancaster will make further comment tomorrow.

[Jesse Norman]

I thank my hon. Friend for having another go at this issue. Let me address the questions that he raises. I do not accept the point that he tries to make about whether this is, in some sense, an inappropriate procedure. As I have indicated, this is a product of a joint negotiation. The UK did not control the timing. It is as agreed with the other party to the debate and the discussion.

The Chancellor of the Duchy of Lancaster will be coming to this House at the earliest opportunity once he returns from Brussels, in order to make a statement to discuss this and to receive scrutiny from my hon. Friend and from other Members of the House. That seems to me entirely appropriate. I cannot, of course, comment on matters relating to the United Kingdom Internal Market Bill, but what I will say is that, in withdrawing these “notwithstanding” provisions, we do not regard that UK sovereignty is being in any way impeded or undermined—on the contrary. Therefore, I think his concern can be and should be allayed, but I leave it to the Chancellor of the Duchy of Lancaster to address those points tomorrow.

[Alan Brown (Kilmarnock and Loudoun) (SNP)]

The Business, Energy and Industrial Strategy Committee heard evidence this morning that the IT systems and processing procedures to allow the Northern Ireland protocol to be implemented on 1 January are not in place. Will the Minister update the House on what the Government are doing to rectify that situation to meet the technical provisions that he is bringing forward?

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[Jesse Norman]

I think the hon. Gentleman knows that the work that we are doing in terms of legislation very much has as its counterpart a great effort to put in place all the procedures that may be required. Significant work has been done. He will be aware that there is a trader support service that works directly with people who will be importing into Northern Ireland to make it as close to a one-stop-shop arrangement as possible. What we are discussing today is the framework for the law under which those movements will operate.

[John Redwood (Wokingham) (Con)]

The Minister has not yet reassured me about the sovereignty issue. Is it not the case that when any good in commercial quantity comes into the UK across any border—Northern Ireland or one of our marine borders—there are usually VAT and excise adjustments to be made and those take place by computer, not actually at the port of entry? Why do we need special arrangements here?

[Jesse Norman]

My right hon. Friend will be aware that under the terms of the Northern Ireland protocol, we have agreed arrangements for Northern Ireland with the European Union. The goal of the legislation is to make sure that, as far as possible, it is a completely seamless and straightforward process for those who are trading and that it is unfettered in regards to trade from Northern Ireland into Great Britain. That seems to me to be a very important technical fact.

[Sammy Wilson (East Antrim) (DUP)]

On the VAT issue, which comes to the sovereignty issue once again, under article 8 of the Northern Ireland protocol, Northern Ireland traders will be subject to not just UK VAT rules, but EU VAT rules. Do the provisions that the Minister is now putting forward exempt Northern Ireland traders from being subject to dual VAT rules, given the costs that that would present and the huge administrative issues which would arise from it?

[Jesse Norman]

We do not expect the vast majority of any trade into Northern Ireland to be subject to any dual VAT arrangements. The whole purpose of these rules is to put in place the simplest and most straightforward arrangements that can be put in place and that replicate in so far as possible the current experience that people will have when they trade with the EU.

[Sammy Wilson]

Will the Minister give way?

[Jesse Norman]

I will give way once more, and then I will make some progress.

[Sammy Wilson]

The Minister has said that he would not expect that Northern Ireland traders will be subject to VAT rules of another jurisdiction, but article 8 of the protocol makes it clear that they will be subject to a dual VAT regime. Do these provisions remove that requirement from all traders in Northern Ireland, or are we giving away some of our sovereignty by accepting that some parts of the United Kingdom and some sectors in that part of the United Kingdom will be subject to VAT rules from another jurisdiction?

[Jesse Norman]

I am afraid that inadvertently the right hon. Gentleman has misrepresented my position, or misdescribed my position. I am saying that we are following the Northern Ireland protocol and, therefore, following any provisions that he refers to, but what we are doing is putting in place mechanisms that make them as easy and as facilitated as possible, so that the experience of someone trading in Northern Ireland should be as close as possible to that which they would have today.

The Bill will allow us to amend or modify certain provisions in relation to VAT and excise, including mechanisms to ensure that, in so far as possible, VAT will be accounted for in the same way as it is today, as I have said. In addition, it will make provision for amending current legislation for excise duty. Most of these changes are necessary to ensure that there is comprehensive VAT and excise legislation in place in relation to Northern Ireland at the end of the transition period.

In addition to those steps, there is also a small number of other taxation measures that need to be in place before the end of the transition period. They include provision for an increase in the rate of duty on aviation gasoline, which will apply across the UK. Otherwise known as avgas, the fuel is a form of leaded petrol predominantly used in private aviation.

[Alan Brown]

I notice the Minister said private aviation. Is the Treasury going to look at hydrocarbon fuel duty overall? Kerosene is zero duty rated, which is ridiculous, when motorists pay duty. We need a system in which the duty is applied to kerosene used by airlines, but given the fragile state of the flight industry, we should perhaps do that in a cost-neutral way to it and the Treasury, by incentivising the use of sustainable fuels. Is that something that the Treasury would look at?

[Jesse Norman]

I admire the hon. Gentleman’s ingenuity in bringing this matter into a debate that has no direct relevance to that issue at all. I, like him, would like to see as green and sustainable a world as we can arrange. This is a measure that does not relate to kerosene; it relates to avgas, and it has to do with the need to harmonise—or rather, to manage—the relationship between Northern Ireland and the UK, and that is what we are seeking to do. The requirement for an increase is set out in the Northern Ireland protocol—again, it relates only to Northern Ireland—but we are expanding it to the whole of the UK to ensure consistency, to avoid burdens on business, and to reduce compliance risks for Her Majesty’s Revenue and Customs. It is extremely small in its magnitude.

The Bill will also make provision for the introduction of a new system for collecting VAT on goods entering the UK. This includes moving the VAT collection on certain imported goods away from the border, and removing the VAT relief on low-value consignments. Together, these provisions will help to level the playing field for UK businesses, and they will protect the UK high street from VAT-free imports. The Bill will also take forward measures to ensure that the Government retain their ability to prevent insurance-premium tax avoidance after the end of the transition period. This will provide Her Majesty’s Revenue and Customs with access to the same tools to prevent insurance- premium tax evasion—sorry, I should have said “evasion” rather than “avoidance” earlier—regardless of whether or not an insurer is based in an EU member state.

Finally, the Bill will make provision for new powers that will enable HMRC to raise tax charges under the controlled foreign companies legislation for the period from 2013 to 2018. This technical provision will deal effectively and efficiently with the legacy state aid decision relating to the period before the UK left the European Union.

[Patrick Grady (Glasgow North) (SNP)]

I wonder why, if the Bill is so technical and dry, and does not have much relevance to the statements that the Chancellor of the Duchy of Lancaster is making outside the House, we cannot see a copy. Why do we have to listen to the Minister tell us all about it, but none of his hon. Friends or my colleagues on this side of the House can prepare properly to respond?

[Jesse Norman]

I thank the hon. Gentleman. What I am actually doing is giving him a preview of a Bill that will be published in the normal way, after the resolutions debate has concluded. This is a debate on the resolutions required to lay the Bill, and we will do so as soon as the debate has concluded and the measures have been voted on. At that point, he will have a chance to see the Bill and its details.

[Sir William Cash]

In view of the statement that has been made by the Chancellor of the Duchy of Lancaster—a press statement has been put out; we do not have enough notice of that at the moment—will my right hon. Friend explain whether the Bill, which we will receive in a few moments, or whenever the ways and means resolution has been completed, will contain those notwithstanding provisions? On the basis, as I understand it, that it will not, as the Minister responsible for the Bill which is being brought in, I think, would he not know that the notwithstanding provisions had been removed? Presumably, they are not contained in the Bill—or are they?

[Jesse Norman]

I salute my hon. Friend’s astonishing indefatigability, but I am afraid his memory plays him false. I have already said that the notwithstanding provisions will not feature in this Bill. I said that earlier in my speech, but I am sorry that that was not as clear as it should have been, because that is the state of affairs.

This Bill will help the UK to cement its position as an independent trading nation at the end of the transition period. It will give businesses throughout the UK certainty about the arrangements that will apply from 1 January next year, and it will play a part in safeguarding the unity and integrity of this country, both in the months ahead and long into the future. I therefore commend these resolutions to the House.

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[Bridget Phillipson]

That is, frankly, a ludicrous statement for the right hon. Gentleman to make.

With epic irresponsibility, successive Conservative Governments have wasted this time. Still businesses are not clear how they will be trading next month. Still people living along our land border with Ireland are unsure what daily life will bring in four weeks’ time. That epic irresponsibility comes in two forms. First, there is the immediate irresponsibility—the irresponsibility to businesses and working people; to everyone who needs to be able to plan their future and their finances; to everyone who wants the simple security, stability and certainty that a responsible Government should provide; to everyone who believed the Chancellor of the Exchequer when he said on the “Today” programme a year ago tomorrow,

“We won’t need to plan for no deal because we will have a deal”;

and to everyone who believed the former International Trade Secretary when he told us that a trade deal with the EU would be

“one of the easiest in human history.”

That irresponsibility has meant months and years of uncertainty and insecurity for so many families and so many firms. Make no mistake: the Conservative party has now lost forever any claim to be the party of business. That irresponsibility means that people in Fermanagh, Galloway, Anglesey, Kent and all around our key ports today still face the risk of their roads being clogged with queues of lorries for months on end. That irresponsibility—a failure to engage with the problems of our country, to look ahead and to plan, to lead and to rise to the level of events—is sadly of a piece with the Government’s wider failures in recent months.

The country has suffered terribly from the pandemic: the worst economic hit in the G7; the worst level of excess deaths in Europe; a Government who are again and again caught on the hop, scrambling to catch up with the consequences of their own incompetence; a Government who never use the time they have to get ahead of the problems that they know are coming. It is all too familiar. It is the story of everything that this Government touch.

If the Government had got ahead of the issues that our country faces, we would have had a Budget, not a statement, in the summer. Instead of multiple episodes of the winter economy plan, we would have had a Finance Bill with proper time for debate, and proper time for businesses to plan on that basis. But just as the Government were behind the curve on covid, so they are behind the curve on Brexit. And here we are, with tax decisions for next month being bundled together into a last-minute Bill, which they have not yet even published—inaction, incompetence, and scrambling to fix the mess that they have created themselves, again and again, month after month.

[Jesse Norman]

I am awfully grateful to the hon. Lady for giving way. Could she possibly name any EU treaty that has not been concluded by the EU at the last minute?

[Bridget Phillipson]

I look forward to seeing in detail what the Government intend to bring forward on our future trading relationship, as that will determine so much around what our businesses will need for years into the future. I believe that our country is a great place to do business. I want all our businesses to succeed into the future. That is why it is so important that we see a good deal for our country, and that the Government use the time they still have available to them well. They have not done so yet. I look forward to hearing more from the Minister later about exactly what the Government intend to set out in this legislation, because he has not really offered a great deal so far this afternoon.

The Government’s irresponsibility has not been limited to inaction and incompetence in the face of a ticking clock. There is also the greater irresponsibility that we have seen in recent months—an irresponsibility of which I fear the consequences may last for generations—and that is the irresponsibility with which this Government have made it clear that they are prepared to break international law. The world will not forget that just weeks ago the Government introduced legislation to tear up an international agreement that was signed less than a year ago. We welcome the fact that they now propose to withdraw those measures, but we fear that the damage has been done. The Government threatened to break the law to get their own way. What message does that send to Britain’s friends and allies with whom we have signed that agreement, with whom we have other agreements and with whom we hope to conclude future agreements?

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[Alison Thewliss]

The hon. Gentleman says sovereignty. I am not sure he really understands that either.

The UK Government have not known what they wanted from this situation from the start. I commend the Brexiteers on the Conservative Benches. They have taken this as far as it can go and they have got what they wanted. Perhaps they knew what they wanted, but the Government have not had a clue. That has been clear all the way through and that is part of the reason we are in the difficulties we are in.

The resolutions in front of us do not represent clever negotiating tactics by the UK Government. On the Opposition Benches, on the Government Benches and in Brussels, everyone can see quite plainly the Government’s recklessness in this scenario. At every stage of this laborious and unnecessary process, they have sought to undermine trust in proceedings. Any remaining shreds of goodwill that the UK Government have internationally are in absolute tatters. The UK Government are at the wind-up at a time when we no longer have time to waste. An EU diplomat quoted in the Financial Times this morning said that the moves of the UK Government amounted to the UK

“trying to use rogue behaviour as leverage”.

Presumably the UK Government have caved today in taking the clauses out of the Bill, but we have to ask why they were there in the first place. How does it help us to say that we will break international law? It is a pretty basic principle that the Government have breached. Presumably, if the negotiations take a further slide backwards, the clauses can be put back in again. With apologies to Mark Durkan, because it is the kind of thing he would have said, it is hokey-cokey legislation.

It is perhaps not a surprise to those of us in Scotland that the Prime Minister and this Tory Government would sell a devolved nation down the river in order to appease those on the more extreme fringes of their party—

[Jesse Norman]

Did the hon. Lady say that the Government had sold someone down the river?

[Alison Thewliss]

Devolution. If the Minister was paying attention, I said devolution has been sold down the river—

[Jesse Norman]

That is a most inappropriate term to use, if I may say so.

[Alison Thewliss]

But devolution has been fundamentally undermined—perhaps the right hon. Gentleman will like that phrasing better. Devolution has been fundamentally undermined by the actions of the Government in the internal market Bill yesterday, ripping up the very principles by which devolution was established 20 years ago. Scotland did not vote for any of this—not in the EU referendum, not in either of the snap general elections this Government have called, and not in the European elections—not once, but we are being dragged off the cliff edge anyway.

Even before the pandemic, modelling suggested that a no deal would decrease Scotland’s GDP by 6.1%, considerably more than even the 2008 crash. The Office for Budget Responsibility estimates that a no deal Brexit on 1 January would inflict a cost on the UK economy of about £40 billion, and increase unemployment by 300,000 next year. All this while the UK economy is already among the worst performing in the OECD due to the UK Government’s shambolic handling of covid.

Jim Harra, the head of HMRC, confirmed at the Treasury Committee yesterday that doing the paperwork alone for this will cost business an eye-watering £7.5 billion a year. That is £7.5 billion that businesses will not have to spend on improving their businesses, increasing staff wages or investing in productivity. There will be 265 million customs forms after Brexit, compared with 54 million now. What a complete and utter waste of everyone’s time and money, and nobody put that on the side of a bus.

Not content with inflicting damage on our economy, these resolutions and the behaviour of the UK Government throughout this process permanently damage and erode trust in the devolution settlement. We are seeing a shameless power grab of state aid powers that should have been devolved, quite rightly, to the Scottish Parliament.

There is still time to pull back from the no deal cliff edge. The choice is entirely the Prime Minister’s to make. It is as clear as day that Westminster is acting against Scotland’s interests. It is little wonder to any of us on these Benches that the majority of Scots now support independence. One of those people who supported Scottish independence relentlessly was Craig Munro, who passed away just recently, and our thoughts are with his sister Gail and his son Sam. They will be devastated that he will not be here to see independence when it comes, because it is there to be won for all of us. More and more people are seeing the urgent need for independence to protect Scotland’s place in Europe and all the powers that we have come to enjoy through devolution. Scotland will complete that journey. The UK Government’s behaviour through all of this is only hastening that journey’s end.

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[Drew Hendry (Inverness, Nairn, Badenoch and Strathspey) (SNP)]

This debate has been far more entertaining than I imagined it would be at the start. We have seen some real squirming on the Government Benches, particularly from the Minister and some unsettled Members who have steadfastly supported Brexit for quite some time. One of the best pieces of gymnastics I have heard today has been from the Government Bench: it has to be the rejection of the idea of the Prime Minister’s oven-ready deal. It reminded me of William Hughes Mearns, who said—well, he didn’t; I am reimagining—“Yesterday upon the table, they had a deal that wasn’t there. It wasn’t there again today. Oh, how they wish that deal would go away.”

The Minister said at the start of the debate that he was not even briefed on his own Government’s announcement; he did not know the news coming through that affected what we are debating.

[Jesse Norman]

As you will be aware, Madam Deputy Speaker, I said no such thing. In fact, I responded and outlined the relevance of the statement to the speech and the debate. What I said was that I had no privileged access, since I am not myself a member of the committee that discussed this item, but that the Minister concerned would be coming to the Chamber to discuss it tomorrow.

[Drew Hendry]

Hansard will confirm whether or not he said he was not sighted on the Government’s announcement this afternoon. Even if we take him at his word, he comes here woefully ill prepared to tell us what might be in the Bill; he can tell us some things that will not be in there because of that announcement this afternoon, but he cannot tell us what will be in there. We are none the wiser as to what might be in the detail, which my hon. Friend the Member for Glasgow Central (Alison Thewliss) so forensically went through earlier. He could have given a lot more detail on the issues that will be affected. We just do not know what is going to come forward. It is not clear. It is good to know that the lawbreaking clauses that might have been contained in the United Kingdom Internal Market Bill will no longer be contained in this Bill. Of course, they should never have been in this Bill or the internal market Bill. While we welcome their going, that situation should never have occurred in the first place.

The Minister talked about giving confidence and certainty and meeting the commitments to the people of Northern Ireland, but there are still serious issues for the supply chain. It is a dry term, “the supply chain”, but it has direct effects on people’s lives. It means goods, food and essentials being available to people’s families and, of course, to sustain businesses. My hon. Friend the Member for Kilmarnock and Loudoun (Alan Brown) talked earlier about the evidence given to his Committee about systems that were simply not in place. The Minister cannot claim that access will be unfettered in those circumstances, because even with a low deal, there is a clear probability of critical shortages and delays. People’s lives will be affected, in some cases severely, amid what is, let us not forget, a global pandemic.

The Northern Ireland Retail Consortium has naturally welcomed the news today, but it points out that there are still major problems ahead, as is the case in Scotland. It has published new research from its Brexit working group showing that the majority of businesses could not and will not be prepared in time. They include food producers such as those in the Northern Ireland meat industry.

We have also heard from the Road Haulage Association. It has to be said—a former Transport Minister, the hon. Member for Harrogate and Knaresborough (Andrew Jones), is sitting across from me just now—that the association has been raising concerns about this, year after year. It has known what is coming in logistical challenges. Even with a deal there will be delays, and delays mean shortages, so spare a thought for the Road Haulage Association. It should have been central to the Government’s planning. Its members are the experts on logistics; they are the people who know on a day-to-day basis what needs to be done, yet they have been ignored by this Government pretty much all the way through, save for some platitudes and some “There, there, things will be okay” comments. Those people should have been at the heart of these preparations.

It is rare for me to agree with anything that the hon. Member for Stone (Sir William Cash) has to say, but I have to agree with him that what we are being asked to debate today is impossibly vague. As far as I can see, the Ways and Means resolution in its present form, even after the Government’s announcement today, still contradicts the withdrawal agreement. So unless the Minister can clarify that that is not the case, we will have to assume that it is still the case at hand. Northern Ireland, like Scotland, never voted for this Brexit shambles, yet families and businesses there will both feel the effect.

The Minister said earlier that it was inappropriate to say that the Tories had sold devolution down the river. Well, apart from being tellingly sensitive, he has obviously also not been sighted on the United Kingdom Internal Market Bill clauses that still remain. People in Scotland are not daft. They see what this Government are doing. They see what is going on, and that is why, soon, they will choose to take their own place in their own future with an independent nation.

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[Jesse Norman]

This has been a very wide-ranging and interesting debate, and we have heard some diverse voices. I was particularly interested, as I am sure the House was, to see the knights of Maastricht swinging a leg as they get into the saddle once more and go into battle—always an interesting sight. I thank the hon. Member for Houghton and Sunderland South (Bridget Phillipson) and my hon. Friend the Member for Thirsk and Malton (Kevin Hollinrake) for reminding us that this is a complex and difficult process. It is not straightforward to negotiate with another party at the same time as seeking to make legislation, and we recognise that.

I want to quickly pick up on a couple of the points that arose in the debate. I rather differ from my hon. Friend the Member for Stone (Sir William Cash) in thinking of this as the most important constitutional moment since 1688. I might respectfully offer the Act of Union 1707 or even the Act of Union 1801 as possible alternatives.

Imagination in tax is of great interest to the Treasury, but that must come after the transition period has ended and we have regained this full measure of sovereignty. That is the moment to think about these issues in the wide way that my right hon. Friend the Member for Wokingham (John Redwood) described. This is a technical matter of putting into place the requirements for us to leave in as orderly a way as possible.

The right hon. Member for East Antrim (Sammy Wilson), on classically robust form, rightly highlighted the lack of balance in this debate relating to the European Union, and I thank him for that. I remind the hon. Members for Glasgow Central (Alison Thewliss) and for Inverness, Nairn, Badenoch and Strathspey (Drew Hendry) that the rules as they stand were that all goods going into Northern Ireland were to be considered at risk. The “notwithstanding” clauses were designed to protect us against that transparently absurd outcome, which would have had the effect that a bag of salad brought in for sale in a Northern Ireland supermarket was considered an at-risk good and was therefore treated on that basis. That cannot be right. In advancing the “notwithstanding” clauses, the Government were seeking a perfectly sensible and proper readjustment to the situation. I am delighted that those clauses have been withdrawn, and with that good message, I commend these motions to the House.

Question put, That the amendment be made.

Taxation (Post-transition) Bill

Jesse Norman Excerpts

Tuesday 8th December 2020 Written Statements

[The Financial Secretary to the Treasury (Jesse Norman)]

The Government have today tabled resolutions for the Taxation (Post-transition Period) Bill as part of their preparations for the end of the transition period.

The Bill will take forward changes to the tax system to support the smooth continuation of business across the UK. It will ensure legislation required for the purposes of VAT and customs and excise duties to support the practical implementation of the Northern Ireland protocol is in place by the end of the transition period. It will also implement further changes to the tax system which are required ahead of the end of the transition period, including the introduction of a new system for collecting VAT on cross-border goods.

The Government will introduce Finance Bill legislation in the spring, following the next Budget in the usual way.

[HCWS628]

Covid-19: Access to and Acceptance of Cash

Jesse Norman Excerpts

Thursday 3rd December 2020 Westminster Hall

[The Financial Secretary to the Treasury (Jesse Norman)]

It is a delight to see you in the Chair, Ms Ali. I am sure all colleagues will join me in taking my hat off to the genius of improvisation and quick thinking that allowed our colleagues, my hon. Friend the Member for Dumfriesshire, Clydesdale and Tweeddale (David Mundell) and the hon. Member for Makerfield (Yvonne Fovargue), to take the Chair—the vital element. Thank you, Ms Ali, for coming in at the end and allowing us all to take our positions in the Chamber.

This has been a very good debate—very thoughtful, very constructive, very well informed and on a very important topic—and I thank everyone who has made contributions to it. I am sure everyone present will join me in thanking in particular my hon. Friend the Member for Blackpool North and Cleveleys (Paul Maynard) for securing the debate, and also for his excellent and very thoughtful speech. He picked up on themes that he and many other hon. Members have been pressing over the previous years and months. His knowledge of and engagement in the issue of cash access and the use of cash are well known, and I thank him and everyone else for their contributions.

As colleagues will be aware, I am not the Economic Secretary to the Treasury. He, tragically, is unavoidably detained with the trivial matter of the Financial Services Bill—he sends his apologies and thanks. It has been mentioned by several colleagues in this debate that he has been very accessible to them in discussing these issues; his style is a very open and friendly one. We try to do that in the Treasury and he has been an exemplar. I am sure that colleagues will continue to engage with him. I am afraid that, compared to his grandmastery and immense skill, I am very much a novice chess player in this area.

It is clear that digital payments are, as colleagues have mentioned, playing more and more of a role in the lives of people across the country and in the activities of business. In many ways, this is to be profoundly welcomed; it allows for faster, cheaper payments and for easier management of household and business finances—those are the forces that in large part have powered the change hitherto.

The statistics are clear: in 2009, some 58% of payments were made using cash; just a decade later in 2019, it was 23%. That astonishing rate of change has now been accelerated by covid-19, as colleagues have said.

It is important to say that cash has not, by any means, had its day; it is still the second most popular form of payment in this country. According to figures published last year, a reported 2.1 million people mainly use cash for everyday payments, many of whom may be vulnerable, elderly or on low incomes. However, the pandemic has clearly had a marked impact on cash usage. We recognise that and, as I think colleagues have noticed, the Government have not been slow to press forward on the issue. That, of course, creates the impetus and energy that they have shown in bringing attention to these issues in the debate.

I reassure colleagues that the Treasury has been working very closely with regulators and industry to try to ensure that people have access to essential banking services, and to cash in particular. As colleagues will be aware, the Joint Authorities Cash Strategy group only launched in May 2019, but it is very much engaged in facilitating co-ordination and seeking to ensure comprehensive oversight of the UK’s cash infrastructure. If I may, I will talk a little more about the wider picture, then I will come to specific comments and questions that have been raised by colleagues in the debate.

The JACS group is chaired by the Treasury, and brings together the Payment Systems Regulator, the Financial Conduct Authority and the Bank of England. The group has continued to try to coordinate efforts throughout the pandemic and, as Members will be aware, it published an update on the actions of its members in July 2020. Also in the summer, the FCA and the PSR published a statement setting out their approach to addressing issues in relation to access to cash, including local-level areas that have lost access to cash. In September, the FCA introduced new guidance for banks, building societies and credit unions when they are considering closing branches or ATMs.

I think it fair to say that throughout the pandemic, the regulators on the one side and the industry on the other have taken steps to support customers who are reliant on cash. Those have included more proactive communications, cash deliveries to people’s homes, and issuing carer cards to trusted third parties. As a result, the vast majority of people have continued to have access to cash during the pandemic. That, of course, does not address those who may have been struggling, whose position has been highlighted by many of the individual stories told in the debate.

There is the question not merely of cash access, but of cash acceptance, as my hon. Friend the Member for Blackpool North and Cleveleys highlighted. The one is as essential as the other. Of course, to help to control the virus, businesses and individuals have been encouraged to follow the latest Government advice, which involves a range of measures to protect personal health, but also to minimise contact in transactions. However, it does remain the choice of an individual retailor whether to accept a particular form of payment, be that cash or card. What is interesting is how different groups, including the FCA, the PSR and the Bank of England, as I have mentioned, are joining forces to improve data collection and, therefore, gain a better understanding.

My hon. Friend the Member for Blackpool North and Cleveleys raised the question of mandation. The Government do not believe that mandating cash acceptance is the answer, but exploring means to incentivise the acceptance of cash is high on the agenda and was a key issue raised in the call for evidence. If protecting access to cash is a complex issue, requiring a long-term and collaborative effort, it is no less important that that work continues across industry regulators and the Government.

The ATM network has been mentioned by colleagues. LINK, which is the largest network of ATMs, has taken action to ensure that remote and deprived areas continue to have access to free-to-use machines. The Government are working to bring legislation to protect access to cash to ensure that the nation’s cash infrastructure is sustainable over the longer-term, as the hon. Lady for Houghton and Sunderland South (Bridget Phillipson) highlighted, and as was prefigured in the March 2020 Budget.

[Jim Shannon]

As I said in my contribution, the Association of Convenience Stores has put forward ideas for helping the ATM system. I realise this is not the Minister’s responsibility to be honest, but has the Department had the opportunity to talk to those people to see how we could work together?

[Jesse Norman]

I thank the hon. Member very much. I do not know whether the Department has had the opportunity to talk to the Association of Convenience Stores specifically, but I do know that the issue is very much on the agenda—it is certainly on the agenda of the Economic Secretary. It is important to realise, and to remind everyone, that the call for evidence on access to cash only closed last week. The timeliness of this debate rams home that point, and rightly so, but it is merely a week. It says more than I could for the high esteem in which colleagues across the House must hold the Government, if they think we can make a decision without having published a response and having only closed the call for evidence last week.

Nevertheless, the call for evidence is an important aspect. It set out the Government’s view that cash has the potential to continue to play an important role—and cashback within the cash infrastructure—and also asked for views on how that can be achieved. We will publish a summary of responses to the call for evidence and set out steps alongside that in due course. As colleagues will know, the call for evidence asked for views on key considerations associated with cash access, including deposit and withdrawal facilities, cash acceptance and regulatory oversight of the system.

The call for evidence also set out the Government’s views on the aims of legislation: that it should be proportionate, flexible, cost-effective, efficient and sustainable. The Government’s view, and we should be perfectly clear about this, is that legislation will need to ensure that business and people can have access to cash withdrawal and depositing facilities within a reasonable travel distance, as is needed in their day to day lives. I remind colleagues of that central point.

[Yvonne Fovargue]

I accept that the purpose is to have reasonable access to cash within a travelling distance. Is that to free cash machines, because that is a key point?

--- Later in debate ---

[Jesse Norman]

The Government absolutely recognise—I am not going to comment on the shape of what is to come, because I do not think that would be appropriate—the concern about free access to cash. As the hon. Lady will know, a lot of work has been done on trying to preserve inclusivity in the face of markets and pandemic-induced change that may be prejudicing that access.

[Patricia Gibson]

Will the Minister give way?

[Jesse Norman]

I really do not have much time, and I want to respond to the comments and to give my hon. Friend the Member for Blackpool North and Cleveleys the chance to wind up, so let me press on with a couple of key things.

It is worth mentioning that the industry is already taking action to support cashback. Mastercard and Visa have already announced incentives, and of course we have the community access to cash pilots.

The set of authorities that govern this area has been raised. It is important to say that the Government’s view is that the FCA may well be best positioned to take on the function of co-ordinating in an overall responsible way, while we also intend for the PSR and the Bank of England to continue their existing functions. As colleagues will know, the FCA already has a statutory objective to secure an appropriate degree of protection for consumers and existing regulatory relationships with industry.

My hon. Friend asked about wholesale cash distribution. As I think he knows, there was a previous consultation paper by the Bank of England on the future of the wholesale cash distribution model, which set out a high-level road map. A lot of work is being done between the Treasury and the Bank to address those issues.

The hon. Member for Makerfield will be aware that there are existing policies within the LINK ATM network, in particular, to protect the distribution of free cash through ATMs. The Treasury is supporting the Bank of England in trying to enable a sustainable model—sustainability is important—to permit effective wholesale cash distribution.

I ought to sit down now. I thank colleagues very much indeed for their interesting and constructive contributions to the debate.

Loan Charge: Sir Amyas Morse Report Recommendations

Jesse Norman Excerpts

Thursday 3rd December 2020 Written Statements

[The Financial Secretary to the Treasury (Jesse Norman)]

The loan charge was announced at Budget 2016 to tackle disguised remuneration tax avoidance schemes, which paid income in the form of loans that were not taxed or subject to national insurance contributions.

In September 2019, the Government asked the former Comptroller and Auditor General, Sir Amyas Morse to lead an independent review of the loan charge policy and its implementation. Sir Amyas Morse presented his conclusions in a report published in December 2019 and made 20 recommendations for change. In response the Government accepted all but one of the recommendations (HCWS14).

The Government accepted Sir Amyas’s recommendation that HMRC should report to Parliament on their implementation of the loan charge once the changes had been implemented and before the end of 2020.

HMRC have today published their report setting out the actions they have taken to deliver the recommendations: https://www.gov.uk/government/publications/independent-loan-charge-review-hmrc-report-on-implementation.

This has been published together with their review of HMRC’s future policy on interest rates: https://www.gov. uk/government/publications/interest-rate-review.

A copy of the report has been shared with the Treasury Committee, Public Accounts Committee and Lords Economic Affairs Committee. The report will also be deposited in the Libraries of both Houses.

[HCWS621]

Oral Answers to Questions

Jesse Norman Excerpts

Tuesday 1st December 2020 Commons Chamber

[Chris Grayling (Epsom and Ewell) (Con)]

What recent financial support his Department has provided to the aviation sector; and if he will make a statement.

[The Financial Secretary to the Treasury (Jesse Norman)]

It is great to see you in the Chair, Mr Speaker. I thank my right hon. Friend for his very constructive engagement with the Government on this important issue. The Government have recently announced, as he will be aware, a package of financial support for English airports and ground handlers. This support, which will shore up jobs and reinforce local economies, will be equivalent to the business rates liabilities of each business up to a maximum of £8 million per site. It has been warmly welcomed by the Airport Operators Association.

[Chris Grayling]

I thank the Minister for that additional support for regional airports, which is very welcome, but the steps taken by the Government generally to move a small distance towards reopening the aviation sector last week go nowhere near what is needed. We face a situation in January when the Brexit transition period will be open, but our principal airports and our principal aviation links to key business centres around the world will effectively still be closed. I urge the Chancellor and the Minister to use every influence they have in government to get that dealt with and at least to get airport testing and what is necessary available on those key strategic routes.

[Jesse Norman]

My right hon. Friend is absolutely right to focus on testing. As he will be aware, the “test to release” regime combines a much shorter self-isolation period with a real focus on public health. As he will also know from the global travel taskforce report, we as a country are continuing to explore pre-departure testing with partner countries on a bilateral basis, including different models by which that might be delivered.

[Mr Speaker]

Question 15 is withdrawn, so we have a substantive question to the Chancellor.

--- Later in debate ---

[Sir Robert Neill (Bromley and Chislehurst) (Con)]

What steps he is taking to support freelancers during the covid-19 outbreak.

[The Financial Secretary to the Treasury (Jesse Norman)]

As my hon. Friend the Member for Kensington (Felicity Buchan) will be aware, the Government have taken unprecedented steps to support the self-employed during this crisis, and that includes through the self-employment income support scheme, which has been extended up to April, with details of the third grant published last week.

[Felicity Buchan]

Many self-employed people are at the forefront of innovation and start-ups. Can my right hon. Friend tell me what the Treasury is doing to support innovation as we look to rebuild our economy?

[Jesse Norman]

My hon. Friend is absolutely right about the importance of innovation. She will be delighted to know that the Government are protecting innovators and start-ups from the impact of covid through almost £900 million of future fund loans to date, £79 million for innovation loans as well as other grants, and that comes on top of more than £5 billion of support through research and development tax credits claimed for 2018-19 so far, which support more than £35 billion of R&D expenditure.

[Stephen Metcalfe [V]]

I thank my right hon. Friend for all he has done so far to support the self-employed, but will he keep an open mind when it comes to future support? As he will be aware, millions have benefited from the schemes he has introduced, but there is a minority who have not. As the pandemic is lasting longer than we had imagined, will he look again at what else can be done for those who have had no income for nine months?

[Jesse Norman]

I should make it perfectly clear to my hon. Friend, as the Chancellor has, that we take these points extremely seriously. We have been given many different suggestions over the past few months for ways in which we could accommodate these concerns. We have looked at them very closely, and so far we have struggled to find one that meets the need to avoid the fraud risk that bedevils this concern. I responded last week to the latest request to meet from the Federation of Small Businesses, the Association of Chartered Certified Accountants and Forgotten Ltd to explore the latest of these schemes. I have also said that I would be happy to meet the all-party parliamentary group, alongside ExcludedUK, to address these questions.

[Simon Baynes]

When will the recently announced increase in the coronavirus business interruption loan scheme term from six to 10 years come into effect? That is of particular importance to businesses that have been hard hit by the crisis, such as the wedding venue and hospitality sectors in Clwyd South and elsewhere in the UK.

[Jesse Norman]

We of course recognise the concerns that my hon. Friend raises. We should be clear that the purpose of this extension is not simply to allow borrowers to request a 10-year term. It is that the guarantee offered by the Government on these schemes should be extended up to 10 years where lenders deem that a forbearance tool that borrowers may need and benefit from. My colleagues are working at pace with the British Business Bank to implement the policy in line with state aid rules.

[Sir Robert Neill]

Does my right hon. Friend accept that self-employed people and freelancers—many of whom are formed as limited companies, not because they choose to but because they are required to do so by the agencies or contractors they work for or by insurers—continue to fall through the net? Would it not be a good idea for him to meet directly some of those who work in these sectors? I suspect that many of those who advise him in the Treasury have no understanding of how self-employment actually works.

[Jesse Norman]

As my hon. Friend will be aware, I have a history of being closely involved with the performing arts sector. As I have indicated, I will be meeting many of the groups representing people in this situation. He should be aware that, in addition to the £1.57 billion culture recovery fund, the Government have put in place the film and TV insurance scheme, to which more than 150 applications have been made so far. The Government do and continue to take these issues extremely seriously.

[Abena Oppong-Asare (Erith and Thamesmead) (Lab)]

The situation for the self-employed is especially difficult in areas with additional restrictions and for those working in the hardest hit sectors. The Government’s additional restrictions grant must go further in areas that have been in restrictions for longer. What plans do the Government have to improve this situation?

[Jesse Norman]

The hon. Lady will be aware that we have backdated business grants to address some of these concerns. It is also worth mentioning that the third phase alone of the self-employed scheme is expected to cost more than £7 billion. As the Chancellor said, it is part of a wider package of support that we are trying to give to businesses and individuals affected by the crisis.

[Michael Fabricant (Lichfield) (Con)]

What fiscal steps he is taking to support investment in (a) hydrogen fuel cell usage in the automotive industry and (b) the UK’s hydrogen economy; and if he will make a statement.

--- Later in debate ---

[The Financial Secretary to the Treasury (Jesse Norman)]

Her Majesty’s Revenue and Customs are aware of 15 contractors who have used disguised remuneration schemes while engaged either by the department or by Revenue and Customs Digital Technology Services. In each of the cases, the contractors were engaged via an agency or a company providing this service. It is important to be clear that Revenue and Customs does not engage in or enter into disguised remuneration schemes. It is possible for a contractor providing services to HMRC to use a disguised scheme without the department’s knowledge or by participation through a third party.

[Sammy Wilson]

I am amazed at the Minister’s answer—that firms can use methods of payment that HMRC then declares to be illegal and that no checks have been done by HMRC on those contractors. Does he not accept that it is unfair to put the burden on taxpayers who first of all entered into payments through disguised remuneration because we were forced to do so, and who declared that on tax returns which HMRC did not challenge, yet HMRC is now telling us that it did not even check that contractors it employed were paying in that way? How many of these contractors have HMRC actually pursued for forcing employees to use schemes that have been deemed illegal?

[Jesse Norman]

I think the right hon. Gentleman is slightly unclear on this. HMRC takes careful steps to ensure that the people whom it deals with as agencies employ on a proper and appropriate basis. When, in very rare cases among hundreds and hundreds of contractors in a fast-moving market, it may become clear that someone has in fact been hired under such a scheme, it takes immediate steps to end that relationship and then to follow up, of course, and to pursue as may be required under law. If he is concerned about the interests of taxpayers, may I remind him that many of the people who benefit from disguised remuneration have not been paying tax, from which our public services benefit, and it is those taxpayers whose interests we are also seeking to protect.

[Stephen Hammond (Wimbledon) (Con)]

What steps his Department is taking to support people who are subject to the loan charge.

[The Financial Secretary to the Treasury (Jesse Norman)]

Revenue and Customs has been clear on its commitment to support all taxpayers who might need help paying their loan charge liabilities. Where someone cannot afford to pay in full on time, it will seek to agree payment by instalments. Revenue and Customs has a dedicated helpline for those seeking to leave avoidance schemes, and the disguised remuneration and debt management teams are trained to identify taxpayers who may need extra help and support, and to refer them, if necessary, to outside organisations for support.

[Stephen Hammond]

As my right hon. Friend rightly recognises, there are a number of people who cannot pay the amount either in full at the beginning or in instalments. Given that HMRC has now recognised that many of these people were victims of mis-selling, is it not time to have another review of the people who have been mis-sold these schemes, and would it not be right and appropriate for those who mis-sold the schemes to make some contribution to those demands?

[Jesse Norman]

As my hon. Friend will be aware, a long and detailed review process has been conducted by Sir Amyas Morse. It is, of course, the individual’s responsibility to ensure the accuracy of their tax returns and to understand the consequences of their decisions, although of course the Government very much sympathise with people who have been caught in that position. My hon. Friend may have noticed that we have been taking very vigorous action against promoters of tax avoidance schemes—most recently, in an announcement we made last week, HMRC and the Advertising Standards Authority are getting together to crack down on misleading promoting of tax avoidance schemes.

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

Following the loan charge review, the Government promised in March that this year would bring both legislation and the announcement of additional policy measures against those who promote tax avoidance schemes. As neither has happened, will the Minister confirm when the promised changes will become law?

[Jesse Norman]

We will make an announcement about the response to the Amyas Morse review shortly.

[James Sunderland (Bracknell) (Con)]

What fiscal steps his Department is taking to support businesses affected by the covid-19 outbreak.

--- Later in debate ---

[Scott Benton (Blackpool South) (Con)]

What steps he is taking to support people on low incomes during the covid-19 outbreak.

[The Financial Secretary to the Treasury (Jesse Norman)]

The Government’s approach throughout the pandemic has been to try to support all families, but especially those on low incomes. We have announced a £30 billion plan for jobs to help people back into work, alongside wider measures including the furlough schemes, plus catch-up funding for schools and a substantial increase to the welfare safety net for this year, but it is important to say too that the Government are also supporting the lowest paid by increasing the national living wage to £8.91 and providing a minimum £250 pay increase for public sector workers earning less than £24,000 a year.

[David Johnston]

I welcome the national living wage and minimum wage rates going up in April despite the difficult economic backdrop. Does my right hon. Friend agree, however, that what happens to people on low incomes is not just about what Government do? It is also about what employers do, and we need them to provide good work with the right number of hours and the right skills and progression strategies, because that is what will help people on low incomes to earn more.

[Jesse Norman]

I certainly agree with my hon. Friend that it is important to focus on skills, and of course that is what the plan for jobs does. Our goal is to try to make sure that everyone, at whatever stage of life, has the opportunity and encouragement to improve their position in employment, and of course we also want employers to support them in doing that. It is well known that supportive and encouraging employers ultimately have more productive workforces because of the extra engagement they get. That is why the Department for Work and Pensions launched the in-work progression commission in order to try to understand better what those barriers to advancement might be and how they can be overcome both by the support of Government and by changes to the way in which employers develop and encourage staff.

[Scott Benton]

In addition to the extra support provided during this pandemic, as my right hon. Friend has already said, the introduction of a national living wage and changes to the tax system have ensured that the lowest paid are up to £6,000 per year better off under this Government. Does he agree that protecting those people who are in work but on low incomes must remain an absolute priority for this Government when difficult decisions have to be made at the Budget?

[Jesse Norman]

We certainly, of course, share the view that it is important—very important—to protect the low-paid. The purpose of supporting them through the national living wage was precisely in order to raise their incomes, and that increase is worth some £345 a year for a full-time worker. However, it is also important to say that the Government remain fully committed to their longer-term target for the national living wage, which will make an enormous contribution itself towards ending low pay in the UK, and that is before, as I have mentioned, the support we are giving to 2.1 million public sector workers earning less than £24,000 a year.

[Gareth Bacon (Orpington) (Con)]

How many and what proportion of people who have had settlement discussions with HMRC on the loan charge have reached a settlement.

[The Financial Secretary to the Treasury (Jesse Norman)]

About 11,000 employers and individuals settled their use of disguised remuneration schemes between Budget 2016 and 31 March 2020. As I indicated earlier, HMRC is currently preparing a report to Parliament on the implementation of the recommendations of the independent loan charge review, and that is due imminently. The report will include figures up to the 30 September 2020 deadline for taxpayers who settled their use of disguised remuneration tax avoidance schemes.

[Gareth Bacon]

I thank my right hon. Friend for his answer. In circumstances where process failings, errors and delays on the part of HMRC effectively denied people the possibility of settling their claims by 30 September, will he commit to offering an extended settlement period to allow individuals the chance to settle their debts?

[Jesse Norman]

As my hon. Friend will know, the settlement date has already been extended by eight months. That was a very important recognition of the impact of covid and has given individuals the chance to settle their schemes. He should also be aware that we do not merely seek to support those who are settling; we are also taking robust action against promoters and other enablers of tax avoidance schemes.

--- Later in debate ---

[Dr Neil Hudson (Penrith and The Border) (Con) [V]]

The Government’s financial support for people and businesses during the pandemic has been a lifeline, but many people have not been able to access support, such as some self-employed people, business owners, freelancers and company directors, including many in the tourism and hospitality sectors, which are so important in Cumbria and are now struggling to survive. Will the Government work to find a way to support these individuals, perhaps on a loss of income basis similar to the discretionary grants or hardship schemes that were devised for the dairy sector?

[The Financial Secretary to the Treasury (Jesse Norman)]

My hon. Friend is absolutely right to focus on the specific impact that he and we all, as constituency MPs, have in our constituencies. I think he knows—we have discussed this at some length—that we are always happy to look for more schemes and more suggestions, if he would like to write to me with some details of what he has in mind. He will also be aware that, as I said, I am meeting the Federation of Small Businesses, the Association of Chartered Certified Accountants and, in due course, I hope the all-party group to discuss these issues in more detail.

[Alex Cunningham (Stockton North) (Lab)]

  During a covid briefing last week, a Health Minister suggested that the north-east is highly unlikely to be moved from tier 3 to tier 2 this side of the new year, even if there is a review in two weeks’ time. Does the Chancellor share this message of no hope for the north- east? Will he publish his secret dashboard on the economic impact of covid, and does he agree that the Government need to be honest with the hospitality sector and go much further with support to stop more businesses going bust?

North of England: Infrastructure Spending

Jesse Norman Excerpts

Wednesday 25th November 2020 Westminster Hall

[The Financial Secretary to the Treasury (Jesse Norman)]

What a delight it is to serve under your chairmanship, Mr Gray. I congratulate you, if I may, on the extremely elegant and deft way in which you have managed the Back-Bench contributions to this debate, with a lightness of touch that has brought great joy to everyone. It has been a good-natured debate, and I thank everyone for the comments, questions and arguments that they have put.

I would particularly like to single out, on behalf of colleagues, my hon. Friend the Member for Southport (Damien Moore) for hosting and calling this debate and for the fact that, in doing so, he has brilliantly selected a day on which the Chancellor himself will be stepping forward with some answers to the specific questions that he is putting. I must say that, as an example of influence in the Chamber, I do not think that is to be bettered; I am very impressed indeed that someone of such tender years in the Chamber and in this Parliament should be able to bring about such a state of affairs, so I congratulate him on that very much indeed.

I also congratulate colleagues across the House on the astonishing fiscal rectitude that they have shown, by and large. At this point, we are normally into the tens of billions in requests from my thrifty Conservative colleagues, as well as from those in other parties, so I am very grateful that they have managed to restrain their appetite—possibly because they are looking forward so intently to the festivities this afternoon.

As my hon. Friends and colleagues across the House will know, I am responding because I am the Minister responsible for the national infrastructure strategy, the National Infrastructure Commission and the Infrastructure Projects Authority. If I may, I will come to many of the comments that were raised and talk a little bit about not just the what, but the how of infrastructure, because that has been well flagged in today’s debate.

I do not think that it needs to be stated too often, and it should not be forgotten, that the desire to invest for the long term and to level up this country is the driving force of this Administration. It is an absolutely central part of what the Prime Minister, the Cabinet and colleagues across the Government stand for. The advent of this pandemic virus has only strengthened and increased the appetite to push forward, and the urgency of that mission. To that, the quality of our infrastructure and the speed of its delivery are absolutely essential.

If I may, I will just rewind a little bit. Colleagues will recall that in the March Budget we announced historic increases in capital spending, setting out plans for more than half a trillion pounds of investment over the next few years. It is important to remember that that investment is not just public investment; it is also private investment. It is very easy to forget the central importance of private investment. This country—through the quality of its regulation, its rule of law, its openness, its ability to set up a business, its accessibility, its language and its culture—remains extremely attractive to international investment, as a place to put hard-earned cash, and rightly so.

In June, the Government explained how they plan to accelerate the delivery of infrastructure schemes. In July, they said they would be bringing forward £8.6 billion of capital spending, focusing on shovel-ready projects, and this afternoon we have not just the spending review statement, but the publication of the national infrastructure strategy and some ancillary documents around that. That will set out the plans for the ambitious acceleration of investment in our country’s infrastructure and, of course, its relation to the levelling-up agenda. If it does not perfectly address all the questions that my hon. Friend the Member for Southport raised his speech, then that is only because if he had given us a couple more days we would have been able to reshape the thing even more precisely.

Let me also talk a little bit about what has been achieved so far. The hon. Member for Erith and Thamesmead (Abena Oppong-Asare), whom I again welcome to her place on the Opposition Front Bench, talked about what has been achieved so far. It is important to flag up what has been achieved, and then we can talk about where we want to go. The first thing I would say is that there is an enormous amount of investment already going into the ground, particularly in the north of England. In his summer economic update, the Chancellor unveiled the great get Britain building fund. Already Mayors and local enterprise partnerships across the north have received some £319 million from the fund, to deliver jobs, skills and infrastructure. That money is pushing forward a range of projects, from the roll-out of electric vehicle charging points in South Yorkshire to a new garden village in Liverpool.

Colleagues will be aware of the towns fund, which is already under way and which, if I may say so, is a great example of collaborative cross-party local engagement, designed to liberate energies, bring forward projects that were not necessarily on local councils’ radar screens and bring them into a coherent, long-term relationship with each other and as part of a single plan for particular towns.

That fund is paying for infrastructure schemes that will unleash the economic potential of smaller communities across the country. It has been rightly said by colleagues that we should not be purely focused on cities. This is a very important aspect of that, and I commend it to them. I am delighted that the constituency of my hon. Friend the Member for Southport is among the places that are benefiting. We have also accelerated the issuance of some £96 million from the fund, to pay for the roll-out of even more projects that will fuel economic recovery after the coronavirus.

Of course, it is hard to think about infrastructure without thinking about transport. That will continue to be crucial to unlocking the productivity of this country, in particular in the north. That is why we are investing very substantially—indeed, record sums—into improving it. The transforming cities fund has provided city regions across the north, including Greater Manchester, Liverpool and Tees Valley, with over £800 million to make their transport networks even better and greener. At the last Budget, we also announced a £4.2 billion investment across eight city regions, including Greater Manchester, Sheffield and the Tees Valley, for five-year consolidated transport settlements, starting in 2022. In addition, we are spending billions of pounds on upgrading the north’s major strategic road network.

As colleagues will be aware, I negotiated the road investment strategy 2 with the Treasury when I was on the other side of the fence at the Department of Transport, with my hon. Friend—my beloved friend—the hon. Member for Blackpool North and Cleveleys (Paul Maynard). In RIS2, we were able to negotiate a substantial investment in roadbuilding on a strategic basis across the country, including a lot of schemes in the north.

That is not just about new roads, but about making our existing road network more effective and ready for electric vehicles and, in due course, autonomous vehicles. That is an important part of the development of our overall infrastructure. Those schemes include dualling the A66 across the Pennines and of the A1 from Morpeth to Ellingham in the north-east, and upgrading the A63 and Castle Street in Hull and the Simister island junction in Greater Manchester.

The same is true for investment in the north’s railways. As colleagues will be aware, we are going to publish an integrated rail plan that looks at the scope, form and phasing of rail investment in the north and the midlands. We will also seek to reverse some of the Beeching cuts of the 1960s, so that we can get more community connections in place.

I spoke earlier about the importance when we invest not just of the what, but of the how, and colleagues were absolutely right to raise that question. I single out the comments made by my hon. Friend the Member for Stoke-on-Trent North (Jonathan Gullis), who was right to focus on that. Through the national infrastructure strategy, which we are publishing this afternoon, and through the work that goes on around it, with the National Infrastructure Commission that we set up and the Infrastructure and Projects Authority, we are thinking harder about how to choose, integrate and deliver schemes as best we can and better than any other Government for a long time.

I will give a little example that is close to my heart: the ministerial training programme that I set up for colleagues, who will be pleased to know that it is now in its second phase. We have taken the view that Ministers can benefit, as can senior civil servants and anyone who aspires to be in the senior civil service, from becoming better clients of major projects and better able to ask searching questions about timing, schedule and budget of delivery. That important programme is something that we have put in place. As colleagues will know, we plan to set up a new economic campus in the north of England, with a substantial number of civil servants and people from across the economic parts of Government, to give not just a local presence, but a change of mindset that responds to colleagues’ concerns.

If I may pick up on a couple of other points about the “how?”, colleagues will know that we recently established the northern transport acceleration council, which is designed to get those projects up and running more quickly. We are pressing harder on the devolution agenda—colleagues have rightly flagged that—and have just agreed a devolution deal with West Yorkshire for £1 billion of investment and a directly elected Metro Mayor from May next year. We fully implemented the Sheffield City Region deal, including £900 million of new funding, along with substantial devolved powers over transport, skills and planning. We intend to go further still through the forthcoming devolution and local recovery White Paper.

I am lucky that, thanks to your genius, Mr Gray—

[James Gray (in the Chair)]

Don’t overdo it.

[Jesse Norman]

—I have a bit of time left to spend talking about the specific comments that have been made, which have been extremely helpful and interesting. My hon. Friend the Member for Southport was absolutely right to encourage us to look at rural areas as well as cities. He painted an almost garden of Eden-like picture of life in Southport, where people stroll airily from flower shows to comedy festivals to air shows, while striking a mean four iron on Royal Birkdale. I thought that an exquisite moment in his speech. He rightly highlighted the importance of railway, the stronger towns fund and the freeports, which he will know we have announced, and from which the north could benefit hugely in this competition.

The hon. Member for Weaver Vale (Mike Amesbury) is no longer in his place but I thought that he was right to focus on devolution, which I touched on in earlier remarks. The point about the capillaries and arteries of infrastructure was well made by my right hon. Friend the Member for Tatton (Esther McVey). My right hon. Friend the Member for Elmet and Rothwell (Alec Shelbrooke) was absolutely right to focus on the short, medium and long term. As he will know, one of the great unsung heroes of transport policy over the last few years has been Sir Rod Eddington. His report was very much about managing smaller schemes—often enormously important and not to be forgotten—that move people, particularly in suburbs and areas of large volumes of traffic, by rail, road or other means, and it was absolutely right.

My right hon. Friend’s call for a new Rhine system of navigation in the north was optimistic, but I respect the intent and energy behind it. My hon. Friend the Member for Leigh (James Grundy) was right to pick up on light rail. When I was in the Department for Transport, we did a consultation on light rail, which has such great potential. It is extremely inexpensive compared with some of the heavier rail alternatives, and it could be a beautiful new industry for the UK to develop. We have a tremendous amount of relevant skills in the supply chain, and I very much look forward to hearing more about that from colleagues.

[Alec Shelbrooke]

If my right hon. Friend will indulge me for one second, we have had a good debate and many colleagues have participated. I just want to put on the record that some of our colleagues have been unable to contribute. For example, my hon. Friend the hon. Member for Pudsey (Stuart Andrew), who was unable to take part due to his commitments, is equally involved in infrastructure in the north, and his ambitions are there. I just want to get on the record that many colleagues in the north were unable to take part—I am sure the Minister will have responded to them—but they are as important in this conversation as the rest of us.

[Jesse Norman]

My right hon. Friend is absolutely right. The unheard voices are as important as the voices in the room. Of course, as he knows, my door remains absolutely open for them at any point, in this debate or otherwise.

My dear friend the hon. Member for Blackpool North and Cleveleys rightly raised the point about BCRs, which is an important technical point and they should not be abused. There is a certain art and craft to effective valuation assessment. The centre for it across Government is in the Department for Transport rather than in the Treasury. We have a great deal of respect for the work that they do there, although there is a very high level of understanding of industry in the Treasury, in a way that has not always been true. That means we get a better client relationship between the two sides, or a better interaction between the Ministries, the Departments, and the centre.

My hon. Friend the Member for Sedgefield (Paul Howell) raised the idea of a funding pot for MPs, which I have to say raises all kinds of worries in me. We have been there before in our history some 100 years ago, so I am a little bit nervous about that, but the idea that there should be significant political leadership in making choices, and accountability for that, is absolutely right. I think the stronger accounts fund is rather a good way of tying those elements together, so I do not disagree with him about that.

My hon. Friend the Member for Bury South (Christian Wakeford) talked about infrastructure of the mind, as I would call it. Skills are so important, but so easy to forget, and only to focus on transport, and he was absolutely right about that. I commend to him the work of the new university we are setting up in Hereford, which does exactly that. The importance of cultural infrastructure was mentioned by my hon. Friend the Member for North West Durham (Mr Holden). I hope I have said enough to recognise the contributions otherwise made, so rather than overrun, I will allow my dear friend the Member for Southport to close the debate.

Contingencies Fund Advance

Jesse Norman Excerpts

Wednesday 25th November 2020 Written Statements

[The Financial Secretary to the Treasury (Jesse Norman)]

HM Revenue and Customs will incur new expenditure in connection with the Government’s response to the covid-19 pandemic in 2020-21.



Parliamentary approval for additional resources of £21,715,000,000 will be sought in a supplementary estimate for HM Revenue and Customs. Pending that approval, urgent expenditure estimated at £21,715,000,000 will be met by repayable cash advances from the Contingencies Fund.



In line with the latest OBR forecasts, further requests to the Contingencies Fund may be made as necessary to fund covid-19 activity delivered by Her Majesty’s Revenue and Customs.

[HCWS603]

Draft Customs Safety, Security and Economic Operators Registration and Identification (Amendment etc.) (EU Exit) Regulations 2020

Jesse Norman Excerpts

Monday 23rd November 2020 General Committees

[The Chair]

At the beginning of the sitting, I am asked to remind people to sit in the seats marked with ticks, and to respect social distancing. May I also ask members of the Committee who have speaking notes to send them to [e-mail]? That would be helpful to our colleagues from Hansard.

[The Financial Secretary to the Treasury (Jesse Norman)]

I beg to move,

That the Committee has considered the draft Customs Safety, Security and Economic Operators Registration and Identification (Amendment) (EU Exit) Regulations 2020.

It is a pleasure to serve under your chairmanship, Mr Stringer. I notice that some of my colleagues, due to the covid safety requirements, have adopted ticked seats on the other side of the room. It is a little bit unnerving for me to look over, and I hope it is not a sign of widespread defections, but I thank all colleagues for joining us for this important event.

This statutory instrument was debated in the other place last Thursday, 19 November, and passed unanimously. It is part of the Government’s package to prepare for the end of the transition period. The instrument concerns safety and security declarations, and registration for an economic operators registration and identification or EORI number.

The statutory instrument is essentially technical in nature. As well as correcting a deficiency in retained law, it provides support to help businesses prepare for the end of the transition period. My hon. Friends and colleagues will be aware that the Secondary Legislation Scrutiny Committee reported the regulations as an instrument of interest in its 32nd report, published on 29 October 2020.

The safety and security provisions of this instrument are best understood in the context of the UK’s existing safety and security regime. The UK is guided by the World Customs Organisation’s SAFE framework of standards to manage the risks associated with goods entering and leaving the country. SAFE sets out minimum standards for customs administrations to control for security risks in the international supply chain. This includes collection and risk assessment of data on consignments of goods. The collection of this data is required before arrival or departure for all goods movements. These declarations are currently implemented through the Union customs code and will be retained in UK law after the end of the transition period by the European Union (Withdrawal) Act 2018.

While we have been part of the EU’s safety and security zone, we have only required these declarations for goods moving into or out of the EU. When the transition period ends on 31 December 2020, goods moved between Great Britain and the EU, as well as the rest of the world, will require these declarations. This statutory instrument introduces a temporary waiver on the requirement for safety and security declarations for goods imported into Great Britain. An additional statutory instrument, laid on Monday 16 November, will introduce contingency powers for export safety and security requirements, allowing the Government to take appropriate action if necessary in relation to exports.

As we announced in June, the Government are adopting a staged approach to the introduction of controls at the border after the end of the transition period. This will see the introduction of a six-month waiver on the requirement to submit entry summary declarations for goods imported from the EU. This waiver will give time and flexibility to businesses affected by covid-19 so that they can meet the new requirements. There will be no requirement for entry summary declarations for goods imported into Great Britain from territories where the UK does not currently require such declarations during the waiver period. From 1 July 2021, these declarations will be required on all goods moved into Great Britain. This waiver only applies to goods movements for which there is not currently a declaration requirement. As is the case at present, Border Force will undertake intelligence-led risk assessments of these movements. The requirements for entry summary declarations for goods imported from the rest of the world will not change. As a result, there is no significant short-term increase in the security risk to the UK from this waiver.

The instrument also updates retained legislation amending a list of locations currently granted shorter timing requirements for the submission of safety and security declarations for maritime movements. The time limit pre-arrival or pre-departure by which safety and security declarations are required varies by mode of transport. The retained legislation was drafted for the geography of the European Union. It contains a list of territories allowed shorter time limits for the submission of safety and security declarations for movements by sea. This accounts for the practicalities of those shorter journeys, where the default time limits can be challenging for carriers to meet.

Places such as Morocco, from which the journey to Great Britain by sea is lengthy, are currently on the list. However, the list does not currently allow shorter timing requirements for our closest neighbours and trading partners. Default timing requirements are impractical for the well-established trade routes, including channel crossings and movements to and from the Atlantic coast of Spain and Portugal. This instrument corrects the territory list in the retained legislation, adding territory to cover some of our most significant trade routes and removing those distant territories at the border of the EU that no longer need this consideration. This amendment corrects a deficiency in the retained legislation to reflect the UK’s new status as an independent customs regime.

The instrument also updates the retained law governing EORI registration. EORI numbers are unique identifiers that businesses are required to have to interact with Her Majesty’s Revenue and Customs, as the UK’s customs authority. EORI numbers are required to make customs declarations, apply for customs simplifications or undertake other customs engagement with HMRC. Existing UK EORIs will remain valid after 31 December 2020 for use in Great Britain and will continue to be prefaced with the letters, “GB”.

A UK EORI will be required for individuals or businesses established in Great Britain who want to trade with the EU or the rest of the world from 1 January 2021. Individuals and businesses without a UK EORI will need to obtain one. Persons established outside Great Britain who wish to undertake customs processes in Great Britain will also require a UK EORI. This instrument updates references in retained law that are no longer relevant. In doing so, it ensures that we continue to have a functioning EORI system. It also maintains a registration requirement where such a requirement exists in national law. No new requirements are imposed by this instrument.

The Northern Ireland protocol means that there are no safety and security requirements for goods moving between Northern Ireland and the EU. The protocol applies EU Union customs code rules in Northern Ireland. Therefore, the safety and security aspects of the instrument do not apply in relation to goods movements in and out of Northern Ireland. Goods moving between Northern Ireland and the rest of the world will be subject to safety and security requirements. Traders in Northern Ireland will continue to register for EORI numbers under UCC rules.

Amending the list of territories is a necessary step in updating our legislation to be fit for purpose after the end of the transition period. The temporary waiver on the requirement for entry summary declarations for movements from the EU strikes an appropriate balance between maintaining safety and security standards while giving businesses time and flexibility to adjust. The technical amendments to the EORI regime will allow businesses to register as they do currently. I commend these regulations to the Committee.

--- Later in debate ---

[Jesse Norman]

Let me say how much I welcome the hon. Lady to the shadow Front Bench. If the fiendish complexity of the questions that she asked and the charm with which she asked them are any indicators of the future, she is destined for a long and successful career. I thank her very much indeed for those questions.

The hon. Lady asked three questions. The first question was how can the Government be comfortable that there are no, as it were, remaining errors left in the legislation. I hope that I can give her some comfort by reminding her of the extremely detailed process that the measure has gone through. There was a formal consultation on this legislation. Predecessor versions have been debated in the House, and it has gone through the mill of review by committees. It has been subject to significant cross-examination and reflection by intermediaries and other communities that it would affect. It has been specifically reviewed in the House of Lords. Human error being what it is, in an imperfect world, we cannot say that perfection is given to everything, but we would like to think—and we strongly believe, for the reasons I have indicated—that this is a sound and good piece of legislation.

Secondly, the hon. Lady asked whether or not the six-month period would be adequate, especially given that covid has been an additional factor. All I would say is that when this was originally framed, covid was not in the picture but, at the same time, there was considerably greater uncertainty about what the timing of this would be and what its effect would be on the relevant traders concerned. Since then, an enormous amount of work has been done to recruit over 250,000 traders to the EORI-number process, to stand up a very substantial programme of investment in intermediaries and training. Those are things that, on due consideration and in consultation and discussion with stakeholders, give us—and HMRC in particular—cause to believe that six months will be adequate.

Finally, the hon. Lady raised the question of the timing of journeys and whether or not it might be an unrealistic burden on HMRC, given all the other constraints that the organisation has met. I am sure that she would join me in saying that it is a source of national wonderment how well HMRC has done in dealing with the covid crisis, in standing up in record time furlough, self-employment and other schemes, and in adapting and elaborating them as the pandemic has evolved. However, I think that it does not feel—and we have not been advised—that there is any particular concern in this area. On the contrary, it has been successful in recruiting 6,000 of 7,000 needed and new customs agents. There is every expectation that that process will be completed as needed. I should also say—of course, we must not prejudge future spending announcements and discussions —that there is widespread understanding in HMRC and the Treasury that the organisation has reacted extraordinarily effectively and well, not least in dealing with the potential risks to its own staff from covid and in the reorganisation, in terms of working from home, that it has managed to achieve. For all those reasons, I hope that I am able to give the hon. Lady satisfaction on the three topics that she has raised, and I commend the statutory instrument to the Committee.

Question put and agreed to.

Tax Policy

Jesse Norman Excerpts

Thursday 12th November 2020 Written Statements

[The Financial Secretary to the Treasury (Jesse Norman)]

In line with the tax policy-making framework, the Government consulted on a number of tax policies announced at spring Budget 2020. Today, the Government are publishing responses to some of the consultations that were extended due to covid-19, alongside draft legislation which will need to be introduced.

The Government are also publishing responses to calls for evidence in the market for tax advice, as well as a consultation on making tax digital for corporation tax.

Finally, the Government are making some tax policy announcements for tobacco and vehicle excise duties, measures to tackle promoters of tax avoidance, a small change to off-payroll legislation, and delays to other measures and reviews.

Previously announced publications

The Government are publishing a summary of responses and draft legislation for each of the following measures, as announced at the spring Budget:

Plastic packaging tax

Tackling construction industry scheme abuse

R&D SME tax credit PAYE cap

Tax implications of the withdrawal of the London inter-bank offered rate (LIBOR)

Hybrid and other mismatches

The Government had extended the policy consultation response deadlines for these measures in April, in response to the covid-19 outbreak.

Draft legislation is accompanied by a tax information and impact note (TIIN), an explanatory note (EN) and, where applicable, a summary of responses to consultation document. All publications can be found on the gov.uk website. The Government’s tax consultation tracker has also been updated.

Raising standards for tax advice

The Government are publishing a summary of responses and next steps from the call for evidence on raising standards in the market for tax advice. As a first step towards raising standards, the Government will consult on requiring tax advisers to hold professional indemnity insurance and how to define tax advice. The majority of respondents supported Government action to raise standards.

Tackling promoters of tax avoidance

In line with the Government’s strategy to tackle promoters of tax avoidance schemes, published in March, the Government are today announcing that they will consult in the new year on further measures to tackle promoters. These proposals will build on the proposals announced earlier this year and will:

disrupt the business model of offshore promoters by making it harder for such promoters to access the UK by making their onshore partners equally responsible for the anti-avoidance regime penalties that the offshore promoter generates.

directly tackle the secrecy on which promoters rely; the proposals here would ensure that taxpayers are fully informed of the reality of what is being sold to them.

disrupt the economics of tax avoidance by ensuring that, without delay, promoters face financial consequences for continuing to promote tax avoidance so that promoters cannot continue to profit from avoidance while HMRC investigates them.

give HMRC additional powers to act against companies that continue to promote schemes and who sidestep the rules designed to restrict their activities. The proposals would see such promoters shut down and restricted from setting up similar businesses.

The Government continue to recognise that the many tax advisers who adhere to high professional standards are an important source of support for taxpayers. The proposals are aimed at targeting those promoters who exploit every opportunity to personally profit by sidestepping the rules and whose unscrupulous actions often leave taxpayers with significant tax bills.

The Government continue to recognise that strengthening HMRC powers in the way described must be done in a carefully constrained way. HMRC will again work with stakeholders, and in particular those tax advisers who adhere to high professional standards, to ensure that these proposals are both effective and proportionate.

Making tax digital for corporation tax

The Government are publishing a consultation on the design of making tax digital for corporation tax, as announced on 21 July. This will allow stakeholders to inform the early stage design of making tax digital for corporation tax and to provide businesses with time to prepare.

Further policy announcements:

The Government have made a number of further policy decisions which are being announced today, relating to:

Extending the annual investment allowance provisional £1 million cap

The Government are today announcing a year-long extension to the temporary increase of the annual investment allowance (AIA). The AIA provides firms 100% same year tax relief on qualifying capital expenditure, up to a fixed limit. Instead of allowing the AIA to revert to £200,000 from 1 January 2021, the Government are extending the temporary £1 million cap set at Budget 2018 until 31 December 2021. This announcement:

Responds to the needs of business, giving enhanced tax relief on plant and machinery expenditure;

Provides businesses with upfront support during continuing covid-related uncertainty;

Simplifies taxes for the 99% of businesses investing up to £1 million on plant and machinery assets each year.

Tobacco duty uprating

The Government are announcing the uprating of tobacco duties to protect the public finances, continue the drive to reduce smoking prevalence, and support the Government’s target for a smoke-free England by 2030. In line with the existing escalator, duty rates on all tobacco products will increase by RPI + 2%. In order to narrow the gap between hand-rolling tobacco (HRT) and cigarette duty rates and ensure the Minimum Excise Tax (MET) continues to be effective in the current market, HRT will increase by RPI + 6% and the MET by RPI + 4%. The Treasury is laying an order before the House to enact these changes, which will take effect on 16 November.

Van vehicle excise duty

The Government will not now introduce a new graduated system of vehicle excise duty for light goods vehicles or motorhomes from April 2021, to avoid distracting the automotive sector and businesses more widely from the challenges they currently face in light of the covid-19 pandemic. Motorhomes will continue to be placed in the private/light goods class.

Off-payroll working—technical change to ensure legislation operates as intended

A technical change to the off-payroll working rules will be made in the next Finance Bill. This will ensure the legislation operates as intended from 6 April 2021 for engagements where an intermediary is a company. The change will correct an unintended widening of the definition of an intermediary, which went beyond the intended scope of the policy.

Notification of uncertain tax treatment by large businesses

The Government are announcing the implementation of the new requirement for large businesses to notify HMRC of uncertain tax treatments will be delayed until April 2022. This will allow more time to get the policy and legislation right following the recent consultation, including through further engagement with stakeholders, and will give affected businesses more time to prepare for the change.

Timely tax payments and review of tax administration framework

On 21 July, the Government committed to publishing calls for evidence on timely tax payments and a review of the tax administration framework. Given the continued pressures of the covid-19 outbreak, and with other consultations in progress, the Government will now publish these documents in spring 2021.

Soft drinks industry levy (SDIL) milk review

In 2017, the Government made a commitment to review the exemption for sugary milk and milk-substitute drinks from the soft drinks industry levy (SDIL) by 2020. The Government have been clear that if industry does not make enough progress on voluntarily reformulating these drinks, the Government may extend the SDIL to include them. In light of Public Health England’s latest reformulation report (published earlier this month) that shows good progress has been made in sugar reduction of milk-based drinks, the Government will next consider the exemption for sugary milk and milk-substitute drinks in 2022 after the full reformulation programme completes.

[HCWS572]

Treasury

Jesse Norman Excerpts

Friday 23rd October 2020 Ministerial Corrections

[Jesse Norman]

As the hon. Gentleman will know, the current state of affairs was agreed between the Scottish Government and the UK Government after exhaustive consultation and discussion by the Silk commission, and that remains the set-up to which the Scottish Government have committed themselves.

[Official Report, 20 October 2020, Vol. 682, c. 895.]

Letter of correction from the Financial Secretary to the Treasury, the right hon. Member for Hereford and South Herefordshire (Jesse Norman):

An error has been identified in my response to the hon. Member for Ayr, Carrick and Cumnock (Allan Dorans).

The correct response should have been:

[Jesse Norman]

As the hon. Gentleman will know, the current state of affairs was agreed between the Scottish Government and the UK Government after exhaustive consultation and discussion by the Smith commission, and that remains the set-up to which the Scottish Government have committed themselves.