Finance (No. 2) Bill

Victoria Atkins Excerpts

Committee of the whole House
Tuesday 18th April 2023 Commons Chamber

[The Financial Secretary to the Treasury (Victoria Atkins)]

It is a pleasure to serve under your chairmanship, Dame Rosie.

Before I start, I would like to pay tribute to a previous Financial Secretary to Treasury, namely the right hon. Lord Lawson of Blaby, who sadly passed away while the House was in recess. After the Conservative party’s historic election win in 1979, he took office as the FST, calling inflation “a disease of money”. To this day, we on the Government Benches recognise that, which is why the Prime Minister is determined to halve inflation as one of his five promises to the public.

Margaret Thatcher recognised Lord Lawson’s talents, his incisive intellect and his single-minded determination to reshape the UK economy, and in due course she appointed him as her Chancellor. He went on to deliver six Budgets, drinking, I am told, a spritzer as he did so, and he set the framework for today’s tax system. He was an intellectual and political giant, and we pay tribute to him in this place.

The measures before the Committee today relate to the Bill’s clauses on corporation tax, investment incentives and the global minimum tax on large multinational businesses. The changes that they make will support business investment and innovation in the UK, while contributing to fiscal sustainability and protecting our tax base against harmful tax planning.

Clause 5 legislates for the right to charge corporation tax and maintain the rate at 25% for the 2024 financial year, in line with the 2021 spring Budget announcement. As hon. Members will know, we legislated in the Finance Act 2021 to increase the main rate of corporation tax to 25% from this month, April 2023. We typically legislate a year in advance to provide certainty to large companies that pay corporation tax in advance on the basis of their estimated tax liabilities. The rate increase, which took effect from this year and which the Bill will maintain for the 2024 financial year, is forecast to raise more than £85 billion in the next five years. It will make a vital contribution to ensuring that our debt continues to fall, as part of the Prime Minister’s five pledges, while allowing us to continue to invest in our much-cherished public services.

[Kit Malthouse (North West Hampshire) (Con)]

I draw attention to my entry in the Register of Members’ Financial Interests. As the Minister says, the Government are legislating in advance of next year. Can she reassure the Committee that as we approach next year, the Government will review not just the headline rate—a juicy and necessary source of income for the Treasury—but the thresholds? The media are full of the fact that at over £250,000 profit, people will be paying the higher rate, but there is also a transitional zone between £50,000 and £250,000 profits, which is exactly the ellipse of small company growth where companies need that money to invest for more growth. If there is a detrimental impact within that transitional zone, will the Minister undertake to review it in advance of next year? Will she perhaps think about shifting the thresholds upwards so that we do not constrain the growth that we so need in the economy?

[Victoria Atkins]

I acknowledge my right hon. Friend’s experience, not only at the Dispatch Box but, importantly, in the world of accountancy and business. I reassure him that the Treasury keeps all taxes under review. He is right to draw attention to clause 6, which maintains the small profits rate because, precisely as he says, we want to encourage small businesses that are in the first flourishes of profit and help them to build.

There are two measures that I hope will reassure my right hon. Friend. First, the small profits rate means that 70% of businesses will see no increase at all in their corporation tax charges. Because of the threshold that he describes, a further 20% will fall into that spectrum, so only 10% of businesses will face the full 25% rate. If they invest in their businesses and in plant and productivity, as we very much want and encourage them to, they will—depending on their returns—be eligible either for the full expensing capital allowance that the Chancellor announced alongside this measure at the spring Budget or for the annual investment allowance. This Budget was very much about encouraging growth and encouraging the small businesses on which my right hon. Friend the Member for North West Hampshire (Kit Malthouse) so rightly focuses, but we are doing so as part of a responsible fiscal approach and making sure that those with the broadest shoulders bear the greatest burden of tax.

[Jim Shannon (Strangford) (DUP)]

I thank the Minister for outlining the provisions on corporation tax. Obviously corporation tax will be the same everywhere, but in the light of the peculiar circumstances in Northern Ireland—the region is much more under pressure when it comes to jobs—can she reassure me and my constituents back home that small businesses in Northern Ireland will feel the benefits of what she is putting forward?

[Victoria Atkins]

Very much so. I am conscious that the hon. Gentleman’s constituency and his corner of the United Kingdom are marking the very important anniversary of the Good Friday agreement; we wish everyone who is marking that occasion the very best for the future. I know that there are points of contention with his party, but one reason why we are so very committed to the Windsor framework is that we want to ensure that issues that have arisen through the Northern Ireland protocol are resolved with the EU to enable the economic flourishing that he rightly describes.

I can reassure the hon. Gentleman and my right hon. Friend the Member for North West Hampshire that even with the increase to 25%, we will still have the lowest rate of corporation tax in the G7. What is more, it will be lower than at any point before 2010. I very much hope that the Committee understands why we are taking this approach: because we have to take a fiscally responsible approach to our public finances, but we want to do so while encouraging growth and international competitiveness.

Clause 6 will maintain the small profits rate, as I hope I explained in answer to my right hon. Friend’s intervention. Clause 11 will update the patent box legislation to reflect the introduction of the small profits rate. The patent box incentivises the retention and commercialisation of intellectual property, allowing UK companies to elect to pay a lower rate based on their earnings from patents or similarly robust IP. This is part of our drive to encourage innovation and growth in our economy.

We are not stopping there. A competitive corporate tax system that supports growth, investment and innovation is about so much more than just the headline corporation tax rate; the availability and generosity of reliefs also matter. Clause 7 will therefore introduce new first year capital allowances, including a 100% first year allowance for qualifying new main rate plant and machinery investments, known as full expensing. It will also introduce a 50% first year allowance for new special rate expenditure such as long-life assets. Full expensing offers a substantial financial incentive for companies to increase their investment, improving their cash flow by lowering their corporation tax bill in the year of investment.

These changes will provide a £27 billion tax cut for companies over three years. They will help to boost business investment by ensuring that the UK’s capital allowances regime is among the world’s most competitive: joint first by OECD net present value. The independent Office for Budget Responsibility estimates that full expensing will increase business investment by 3% for each year that it is in place. What is more, the Chancellor has set out his intention to make the measure permanent when fiscal conditions allow.

Clause 8 will set the maximum amount of the annual investment allowance at £1,000,000 indefinitely, providing certainty to the more than 99% of businesses that invest up to that amount.

Clause 9 will make changes to extend the generous 100% first year allowance for electric vehicle charging equipment. This will continue to encourage businesses to invest in the roll-out of charging equipment, which will be a key enabler of the transition to zero-emission vehicles.

Clause 10 and schedule 1 set out changes that will modernise research and development tax reliefs in order to better incentivise R&D methods that rely on vast quantities of data which are analysed and processed via the cloud. These changes will also help reduce error and fraud, requiring claims to include more information—including the name of any agent involved—and to be provided digitally. The Government have tabled amendment 14, which is a technical fix to ensure that companies claiming small and medium-sized enterprise credits will be able to benefit from the change in the going concern rules.

Clause 12 will introduce a new rate of investment allowance in the energy profits levy, set at 80%, for qualifying expenditure on decarbonising upstream oil and gas production. This builds on the existing 29% investment allowance which is designed to encourage the sector to reinvest its profits to support the economy, jobs, and the UK’s energy security. It supports key commitments in the North sea transition deal and the Government’s aims for net zero by 2050. Clauses 13 and 14 will extend the duration of the reliefs available to our important cultural sectors, including orchestras, theatres, museums and galleries, to meet ongoing pressures and to boost investment in those wonderful and important cultural bodies.

The final clause relating to investment incentives is clause 15. As well as making other improvements, it increases the amount of seed enterprise investment scheme funding that companies can raise over their lifetimes from £150,000 to £250,000. This will boost start-ups and young companies by widening access to the SEIS and increasing the funding limits, and we estimate that it will help more than 2,000 very early-stage companies a year to gain access to finance.

[Kit Malthouse]

Let me again draw attention to my entry in the Register of Members’ Financial Interests.

The SEIS changes are welcome, but, as I am sure the Minister knows, the amount of initial finance raised under the SEIS and, indeed, the enterprise investment scheme has been declining in recent years. That may be a reflection of the wider economic environment, but it nevertheless means that fewer businesses are being started under that scheme. Will the Minister and her Treasury colleagues give some consideration over the next few years to the sheer complexity that is involved in making what is a relatively small investment through the SEIS? The scheme deals with quite small amounts of capital—£25,000 or so—but an accountant and a lawyer are needed, as is pre-authorisation from His Majesty’s Revenue and Customs. An enormous amount of compliance is required even before a company makes its first investment, and a fair amount of the investment that is being made can be absorbed in compliance costs. Complexity is therefore as much of a deterrent as the limits on the scheme, which may be why it is not being taken up with the enthusiasm that I am sure the Minister would like to see.

[Victoria Atkins]

I genuinely thank my right hon. Friend for that intervention. I am trying to ensure that, not just in the context of this fiscal event but in our work across the Treasury, we focus on the pressure points involved in developing a business—setting it up, employing the first member of staff, and all the other major milestones that constitute a critical part of the journey towards growing a business. Obviously there has to be paperwork, but we want to ensure that it does not get in the way.

I will take away some of the ideas that my right hon. Friend has advanced, but let me also say that I very much understand his concerns. One of the main challenges that I issue to the Treasury during every one of our policy discussions is “Does this proposal make tax fairer, does it make it simpler, and does it support growth?” Those are the three objectives that I will be endeavouring to meet in all my work as Financial Secretary to the Treasury.

Let me now turn to the measures in clauses 121 to 277 and schedules 14 to 18, which constitute a large proportion of the Bill. I know that, rightly, they are meeting the sort of scrutiny that we expect of parliamentary colleagues, because they relate to a very significant international agreement. In 2021, my right hon. Friend the Prime Minister brokered an international deal as part of our G7 presidency to tackle profit shifting by large multinational groups and to level the playing field between countries for tax competition. That will ensure that countries are better able to tax the profits that multinational groups generate from trading in their jurisdictions. More than 135 countries have now signed up to the deal, including all members of the G7.

These changes mean that, regardless of where a multinational group operates, it pays tax of at least 15% on its revenues, or profits. This will protect the UK from multinational tax planning by removing the incentives to shift profits out of the UK for tax purposes, and will help to ensure that profits generated in the UK are taxed in the UK. It will also strengthen the UK’s international competitiveness by raising the floor on the low—or no—tax rates that have been available in some countries, while ensuring that groups are not exposed to top-up taxation in the UK as a result of the UK’s world-leading R&D credit and full expensing regimes. Finally, it will ensure that the top-up tax due from UK groups under pillar two is collected in the UK rather than being collected by other countries, which could be the case if we did not implement these arrangements by 31 December.

[Vicky Ford (Chelmsford) (Con)]

As my hon. Friend says, this is a large and significant part of the Bill. It is of course important for multinational companies to pay their fair share of tax, but for too long too many have not done so, and it is good news that action is being taken in that regard. If it is to work, however, we must ensure that other countries not only sign up to the rules but implement them. I am thinking in particular of the possible impact on sectors such as insurance. My constituency contains a great many insurance companies, and many of my constituents work in the sector. It is a global industry, in which we happen to be the world leader.

We need to ensure that other countries implement these rules, as they have promised to do, and do not end up trying to avoid doing so, thus undermining our own competitiveness and potentially forcing businesses that have been paying tax in the UK to go overseas. May I therefore urge my hon. Friend and her excellent team at the Treasury to focus, laser-like, on ensuring that all countries do implement the rules, as they have promised? We have seen, time and again, many EU countries signing up to rules and then not implementing them in accordance with the timescales. Will my hon. Friend also ensure that if other countries try to retaliate against our measures—through sanctions, for example—we will not just rely on the undertaxed profits rule to ensure that we can obtain taxes from them, but will have a plan B up our own sleeve to ensure that our industries and our competitiveness are not threatened?

[Victoria Atkins]

My right hon. Friend has been very good at representing the interests of her constituents. I certainly acknowledge the significant rule that the insurance sector plays in her constituency, and, indeed, the role that her constituents play in that industry. I want to develop my argument a little, but I hope I will be able to reassure her on the points that she has raised—and I will come to the point about implementation, because I think it is important.

Let me try to help Members navigate this rather large piece of legislation. Part 3 deals with the multinational top-up tax, which is introduced by clauses 121 to 131 and schedule 14 for multinational groups whose global revenues exceed €750 million a year.

Clause 132 determines how multinationals should calculate their effective tax rate for a territory. Clauses 133 to 172 set out how multinational groups should determine their underlying profit and then make adjustments. Clauses 173 to 192 describe how to determine the amount of taxes called covered taxes paid by a multinational that should be included in the effective tax rate calculation. Clauses 193 to 199 set out how multinationals should use the effective tax rate and adjusted profit they have calculated to work out how much top-up tax, if any, is due for each territory in which they operate.

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[Mr Jacob Rees-Mogg (North East Somerset) (Con)]

One has to be a bit careful when talking about the US, because although the President might be in favour of this, the Republicans in the House of Representatives have made it absolutely clear that they are not, and as they have a majority there, that is quite significant.

[Victoria Atkins]

Yes, of course, but we have to work with the US Administration this week, next week and the year after next. That is why, with the US having its own rules and with its encouragement that these global standards should be applied, we are in lockstep with other countries in implementing this rule. I would just make the point that this is unprecedented; this is new and we have to be realistic. A hundred years ago we did not have multinational groups operating in the way that they do today, or in the way they will in five or 10 years’ time. We as an international community are trying to deal with some of the aggressive tax planning that we have seen multinational groups indulge in. We want to raise the floor, and those economies have signed up to this. They are part of the 135 countries that have committed themselves to this agreement. That is what was so important about the agreement, and these taxes will apply in those jurisdictions even if they have not implemented it.

[Richard Fuller (North East Bedfordshire) (Con)]

I am grateful to the Minister for giving way, and I apologise for not being here for the start of her speech. Can I just pick up on her remark that these countries have “committed” to this? A commitment in words to an international treaty is not the same as a commitment to enactment in domestic legislation. This is the point that my right hon. Friend the Member for North East Somerset (Mr Rees-Mogg) was making. In the United States it is clear that although there might be an international intent to enact this legislation, there is certainly no legislative intent that it should be passed into US law. I have other points to make but I will finish on that point and simply ask the Minister for her comment on that.

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[Victoria Atkins]

First, this is an international agreement and nobody has forced the US, or anyone else, to sign up. As I say, 135 countries have signed up to it and a significant number are already implementing it or bringing forward legislation to do so. Indeed, the US Administration have maintained their commitment to align their rules with the pillar two standards. Until that happens, however, the OECD inclusive framework members, including the US, have agreed on how the US rules and the pillar two rules should interact to ensure that US multinationals are subject to the same standard as groups in other countries.

The long and the short of it is that we should be proud of the fact that we in the United Kingdom have helped to shape—and will continue to shape—these rules, precisely because we are able to work in unison with other large economies. As a result, we have been able to retain the corporate tax levers that we care so much about, such as research and development tax credits and the full expensing policy that my right hon. Friend the Chancellor announced at Budget, and to ensure that issues specific to the UK financial sector are identified and addressed.

[Richard Fuller]

On the Minister’s point about being proud to implement this, I would say that the shadow Minister, representing the high-tax Labour party, might be happy to implement it, but I am not sure that I would have quite the same degree of enthusiasm as a Conservative. I want to probe a bit deeper on a fundamental question that the Minister gave an interesting answer to, which is about how the United States’ interpretation of this is going to be held in the international context. Was she saying that the other countries in the international community that have signed up to it have effectively agreed that America does not need to go any further than its existing legislation in order to meet the requirements of this international standard? Or is she saying that there is still a requirement for the United States to enact it? If it is the latter, does she agree that the UK should not go forward and make its own changes until the United States makes those changes?

[Victoria Atkins]

I remind my hon. Friend that this is a minimum floor of 15%, which is below the lowest rate of corporation tax payable in this country, 19%, and below the 25% corporation tax we are setting for both this financial year and the next financial year in this Bill.

The countries most affected by this change are those that set lower rates of corporation tax. This international agreement is important because it means, when our constituents ask us why a particular tech giant has headquartered itself somewhere other than the UK while making enormous profits on its activities here—my hon. Friend the Member for North East Bedfordshire (Richard Fuller) will appreciate that I am not naming any businesses—we can say that we have joined an international agreement to ensure that such profit shifting does not occur. In the shifting sands of the 21st century and beyond we, as an international community, have to find ways of ensuring that companies cannot engage in profit shifting.

I normally try not to reference Labour Front Benchers, but my hon. Friend the Member for North East Bedfordshire mentioned them. Through this Finance Bill—and I know he fundamentally believes in this—we are taking a fiscally responsible approach to taxation. We understand that those with the broadest shoulders should bear the greatest burden of taxation, but we want to do it in a way that encourages growth and investment, and encourages businesses to set up and trade in our economy. Full expensing, R&D tax reliefs and the measures we introduced into the OECD agreement because of the concerns voiced by the insurance sector—these are examples of how we have been able to lead the international community in these negotiations and influence how the rules interact with our needs as a country.

[Vicky Ford]

Put simply, it is important that multinational companies pay their taxes and it is good that the UK has agreed a new set of rules, but we need other countries to play the game according to the rules to which they have agreed. Will my hon. Friend keep a laser-like focus on ensuring that other countries play the game according to the rules? If they do not, will she make sure we have a plan B up our sleeve to defend our interests?

[Victoria Atkins]

I repeat that the date for implementation is 31 December. The EU has issued a directive and, as I outlined, the major economies within the EU are already bringing together the legislation to enact this. Japan has already legislated, and others are following.

I would argue that our plan B is in the very rules of this international agreement. The rules work because they ensure that every low-taxed multinational company pays the top-up tax that is due, whether or not it is headquartered in a country that has introduced pillar two. Those economies that rely on low tax rates understand that, because of how business is now conducted in some regards, we are raising the floor of international taxation so that those with the broadest shoulders continue to pay.

[Kit Malthouse]

Will my hon. Friend give way?

[Victoria Atkins]

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

[Kit Malthouse]

The Minister is being generous with her time, although we are in Committee, so detailed scrutiny and questions are appropriate.

I have a couple of questions. The Minister says that one of her missions is simplicity, and I know she understands that this measure will necessarily add several thousand pages to “Tolley’s Tax Guide”, which is now in two volumes—it was only one volume when I trained as an accountant. That is unfortunate, and we can debate the desirability or otherwise of this measure, but what protections are there against the creation of just another game?

Although this Bill seeks to set a minimum floor on the headline corporation tax rate, it is perfectly possible for countries to compete on effective corporation tax rates. Are we likely to see Governments around the world play a game of competitive subsidies and competitive allowances? We will have full expensing, but some of our competitors will not—full expensing will reduce the effective rate for quite a lot of capital-intensive businesses, although not necessarily for services businesses—but there will now be a menu of allowances, derogations and tax breaks that can effectively be used to play a slight game of subterfuge as we all compete for these large, and now very mobile, businesses to locate in our territories.

[Victoria Atkins]

My right hon. Friend raises an interesting point. We have been leading the negotiations on this precisely so that we are able to bring in some of these allowances, which we fundamentally believe will help to support investment and growth in the UK economy. On multinational companies, we are trying to raise the floor in those jurisdictions that currently charge below 15%.

[Kit Malthouse]

Perhaps I was not entirely clear. For example, it is perfectly possible for us to say that our headline corporation tax rate is 25%, but we previously had—we are now getting rid of it—a super deduction that allowed me to offset more than 100% of any cost or investment against my tax and, therefore, reduce my effective rate of corporation tax to much less than 25%.

It is possible, away from the headline rate at which we are imposing this minimum rate around the world, for Governments to play the game of subsidy. “We will give you £150 million to come to our country, and you then pay 25% corporation tax. It is like for like. I am paying you, but I am getting my money back.” It is also possible to create a raft of allowances against that income, which will reduce the effective rate. The headline rate then becomes less important than the effective rate. We may well be kicking off that game with this measure. I am not entirely sure what protections there are against that, and against the complexity that comes with it, in this Bill.

[Victoria Atkins]

On the complexity point, having set my three objectives, of course I acknowledge that there will be times of tension between fairness and simplicity. Indeed, I said that in the Budget debate and on Second Reading. We believe it is fair to have a spectrum of corporation tax thresholds between 19% and 25% as businesses grow and accrue profits, but I fully admit that does not make it simple. The balance the Government have to strike is where there might be tension between fairness and simplicity. Of course, we always want to ensure that fairness prevails.

I take my right hon. Friend’s point about complexity, but I gently remind him that these enormous multinational groups have armies of lawyers and accountants looking after their affairs. One might say that many of them have been able to shift their profits in this way because they are able to conduct that analysis. I should say that they are doing it completely lawfully, and there is no allegation of misfeasance, but we wish to bring forward this international agreement.

In the 21st century, we should not be frivolous or dismissive about encouraging businesses to invest in plant, machinery and people. I know my right hon. Friend is not being frivolous or dismissive, but this is not a game. If we can encourage multinational groups to come and do more business here, to invest in our workforce and in other businesses, that would be a great thing for the UK economy. This international agreement is about trying to introduce a level playing field in 135 countries to ensure multinationals are taxed fairly in each jurisdiction.

Finally, if we do not implement this measure, the top-up tax that these groups would have paid to the UK will be collected by other countries. This important agreement was reached by the Prime Minister when he was Chancellor, during our G7 presidency, and we want to enact it in this Finance Bill to enable it to take effect.

[Richard Fuller]

As has been mentioned, the Minister is being extremely generous in providing answers to some of these important questions. This may be a little niche, but may I take her back to the experience of the United States? A large number of US multinational companies, such as Apple and others that will be covered by this measure, held their cash balances offshore and did not take them back to the US because of the levels of corporation tax. Those levels were reduced under President Trump from 33% to 21% or 25%, I believe, but then in addition a special law was introduced providing for a 15.5% repatriation tax. That one-off tax enabled or incentivised companies such as Apple to bring their resources back to the US and pay tax there. Under the specifications both within the UK and under our international agreements, will what she is asking us to support today enable the UK to make one-off changes that might be in the specific interests of our corporations to help them bring back capital here? She may not know that—

[Victoria Atkins]

I hope I have understood my hon. Friend correctly. I am always loth to draw direct comparisons, particularly at the Dispatch Box, between the way in which the US conducts its tax affairs and the way we do so, as the systems are different. He has alighted upon the changes that the previous President made. The current President has also indicated that he wishes to make changes, albeit perhaps in a different direction. I hope my hon. Friend will appreciate my being cautious before giving an answer. I do not know whether he is referring to the corporate alternative minimum tax and the global intangible low-taxed income provisions. If I may, I will write to him on this, because it is incredibly technical and I want to ensure that I answer him accurately.

Having taken that final intervention, I am very conscious that although this is a large piece of legislation, colleagues are rightly scrutinising it. I shall sit down now so that they have a chance to have their say on it. I ask that clauses 5 to 15, and 121 to 277, and schedules 14 to 18 stand part of the Bill.

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

I call the shadow Minister.

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[Victoria Atkins]

I thank all Members for a most interesting debate. It is not often that the public—if people have been watching this debate—are able to see us scrutinise measures in this way. Committee debates often take place in rooms off the Committee Corridor, and although they are sometimes available for public consumption, it is very helpful when they happen on the Floor of the House. I am genuinely grateful to all who have contributed.

I am afraid I cannot resist picking up, very gently, the points made by Opposition Members about the role that my hon. Friends have been playing during this Committee stage in scrutinising legislation. This is exactly what Members of Parliament are supposed to do. Their job—your job, dare I say it to Members—is to scrutinise our legislation, and I welcome that. It may well be that Opposition Members have highlighted a fundamental difference between the Labour and Scottish National parties and the Conservative party: we have the intellectual self-confidence to hold these debates, and to debate policy. [Laughter.] Opposition Members may laugh, but we know how difficult internal debate has been in the Labour party. It has meant inquiries by the Equality and Human Rights Commission, it has meant a Labour MP being protected by the police in order to attend her own party’s conference, and I understand that a member of that party is currently being ostracised because her views on what a woman is differ from those of the Leader of the Opposition. So we on this side of the House do welcome debate, and we are able to conduct it properly and professionally within the rules of this Chamber.

[Kirsty Blackman]

rose—

[Victoria Atkins]

I will not give way, because I know it has been a busy day for the SNP. [Interruption.] I will not say any more.

My right hon. Friend the Member for North West Hampshire (Kit Malthouse) rightly raised the subject of the corporation tax increase, but so, significantly, did Opposition Members. They have made much play of the tax rate, and I thought it important just to remind everyone why we are where we are.

The Government borrowed an additional £14 billion in 2020-21 and 2021-22 to fund the response to covid. I cannot imagine that any Opposition Member—including those on the Front Bench—actually disagreed with, for example, the furlough scheme, which protected more than 11 million jobs and companies throughout the country. However, that enormous sum has to be repaid. In response to the energy crisis, the Government have provided just over £100 billion to help households and businesses with higher energy bills in 2022-23 and 2023-24. That has contributed to a significant increase in our public debt, which is forecast to reach 100.6% of GDP in 2022-23, the highest level since the 1960s.

That has happened precisely because the Government have responded to the pandemic, to the international crisis in Ukraine and, importantly, to the knock-on effects that that has had on our cost of living. I cannot imagine that Labour Members really begrudge the support that we are providing—more than £3,000 for every household, including households in their constituencies, to help those people with the cost of living.

However, as my right hon. Friend rightly pointed out, we also believe in the principles of sound money. In the autumn statement, my right hon. Friend the Chancellor explained that some very difficult decisions had to be made. Indeed, even with the increase in the rate to 25% that was originally announced by the Prime Minister when he was Chancellor, we will still have a corporate tax system that remains one of the most supportive of business anywhere in the world, with the lowest headline rate of corporation tax in the G7, the joint most generous capital allowances regime for plant and machinery in the OECD, thanks to the full expensing in this Bill, and the joint highest uncapped headline rate of R&D tax relief support for large companies in the G7. That is in addition to the features of the corporate tax system that make the UK an attractive location as a global hub, including having the largest tax treaty network in the world, mitigating the risk of double taxation. I point out for the sake of clarification that at 25%, the rate of corporation tax will be lower than at any time before 2010 under the last Labour Government.

I will move on to the provisions in relation to pillar two. My right hon. Friend the Member for Witham (Priti Patel) raised some important questions, including about capital flight. We have looked carefully at this and I understand why she is asking about this. I hope she will be reassured that this has been at the forefront of negotiators’ minds as we have looked at this agreement. The rules contain defensive measures to prevent capital flight. If a country does not implement them, the top-up tax will be collected by other countries instead, so there is no incentive to move or escape from these rules.

My right hon. Friend also asked about the Chartered Institute of Taxation’s view that this measure might raise less than expected. Again, I hope she will be reassured that the costing for pillar two was certified by the Office for Budget Responsibility and published at the autumn statement. The estimates are that pillar two will raise £2 billion a year by 2027-28. This includes revenue arising from UK-headquartered groups that are subject to low tax on their foreign operations, the diminished incentive for groups to shift their profits out of the UK and the qualified domestic minimum tax.

My right hon. Friend also asked about Japan. It has passed its legislation and it is implementing this in April next year, three months after we are legislating for. I hope that that timeframe gives her some comfort. I also note that 40 countries have implemented or announced pillar two or a similar rule, and I am told that they make up around 60% of global GDP. It is precisely because of the interlocking nature of the rules that revenues will be taxed at 15%, no matter where they are shifted. I am going to move on to three new clauses that I have a feeling might be the cause of contention and therefore Divisions tonight, but I will happily write to the hon. Member for Aberdeen North (Kirsty Blackman) about her point on data licences, because I want to reassure her on that.

On new clause 1, the Government are committed to sharing expertise on implementation and to co-ordinating our efforts internationally. We are playing an important and active role in the design of pillar two rules and we are achieving the delicate balance between having rules that are effective in tackling profit shifting and being proportionate. It would not be appropriate to provide a running commentary on international discussions ahead of the agreed outcomes of these meetings, which are published by the OECD, including in the administrative guidance to the rules published in February. We therefore say that the new clause is unnecessary and we urge colleagues to vote against it if it is pushed to a Division.

New clause 3 would require the Government to conduct a review of the UK’s business tax regime. This is business as usual for the Treasury and the Government. We have done, and continue to undertake, significant work to understand the impact of tax incentives on business investment. The tax plan published at spring statement 2022 set out the Government’s vision for using the tax system to incentivise investment in capital assets and in research and development, and we have set out detailed information on the Exchequer, macroeconomic and business impacts of these policies at the Budget. The evidence for this continuing work lies in both the full expensing policy in clause 7 and the increase to the annual investment allowance in clause 8, both of which I trust the Opposition will support.

I remind colleagues that the full expensing policy is equivalent to a £27 billion tax cut for businesses over three years. It saves eligible businesses 25p in tax for every £1 they invest. That is the Conservative approach to sound money, and that is what we will do to help grow our economy. The impact of our plan to halve inflation, to grow the economy and to reduce debt is demonstrated in the rising confidence of finance executives, as reported in the recent Deloitte survey. Do not listen to the doom-mongers opposite; listen to British businesses.

Turning to new clause 6, the Government expect the energy profits levy to raise just under £26 billion between 2022-23 and 2027-28, helping to fund the vital and unprecedented cost of living support orchestrated by this Government. This includes the impact of the investment allowance. HMRC regularly publishes estimates for the cost of various tax reliefs where relevant data is available and identifiable in tax returns. For example, estimates for the cost of the investment allowance against the supplementary charge and the first-year allowance of the ringfencing regime are regularly included in that publication. HMRC intends to make a cost estimate for the investment allowance against the energy profits levy in due course.

We have always been clear that we want to see significant investment from the sector to help protect our energy security. Oil and gas accounted for 77% of the UK’s energy demand last year and, as set out in the energy security strategy, the North sea will still be a foundation of our energy security, so it is right that we continue to encourage investment in oil and gas. Supporting our domestic oil and gas sector is not incompatible with net zero 2050, as we know we will need oil and gas for decades to come.

As the energy crisis in the UK has shown, constraining supply and dramatically increasing prices does not eliminate demand for oil and gas. A faster decline in domestic production would mean importing more oil and gas at greater expense, potentially resulting in additional emissions, especially in the case of gas.

On the climate targets, the Treasury carefully considers the impact of all measures on the UK’s climate change commitments as a matter of course. It should be noted that the Government have made the UK a climate leader and have reduced emissions faster than any G7 country over the last 30 years. We are on track to deliver our carbon budgets and on course to reach net zero by 2050, creating jobs and investment across the UK while reducing emissions.

I hope I have been able to reassure Members. I have genuinely enjoyed the scrutiny they have brought to this important piece of legislation. I urge the Committee to reject new clauses 1 to 3 and 6 to 10, and amendment 26. For the reasons I set out at the beginning, I commend Government amendments 12 to 13 and 15 to 20.

Question put and agreed to.

Clause 5 accordingly ordered to stand part of the Bill.

Clauses 6 to 10 ordered to stand part of the Bill.

Schedule 1

Relief for Research and Development

Amendment made: 14, page 283, line 27, at end insert—

‘(3) In section 1057 (R&D relief for SMEs: tax credit only available where company is a going concern), after subsection (4C) insert—

“(4D) For the purposes of this section, where a company (“A”) is a member of the same group as another company (“B”) and A’s latest published accounts were not prepared on a going concern basis by reason only of a relevant group transfer, the accounts are to be treated as if they were prepared on a going concern basis.

(4E) For the purposes of this section—

(a) a “relevant group transfer” is a transfer, within the accounting period to which the latest published accounts relate, by A of its trade and research and development to another member of the group mentioned in subsection (4D);

(b) A and B are members of the same group if they are members of the same group of companies for the purposes of Part 5 of CTA 2010 (group relief).”’ —(Victoria Atkins.)

This amendment would make an amendment to section 1057 of the Corporation Tax Act 2009 that is equivalent to the amendments being made by the Bill to sections 104T and 1046 of that Act.

Schedule 1, as amended, agreed to.

Clauses 11 to 15 and 121 to 125 ordered to stand part of the Bill.

Schedule 14 agreed to.

Clauses 126 and 127 ordered to stand part of the Bill.

Schedule 15 agreed to.

Clauses 128 to 173 ordered to stand part of the Bill.

Clause 174

Amount of covered tax balance

Amendment made: 12, page 119, leave out lines 4 to 8.—(Victoria Atkins.)

This amendment omits Step 4 in clause 174(1). That Step is unnecessary as it duplicates the effect of provision in clauses section 175(2)(e) and 176(2)(i).

Clause 174, as amended, ordered to stand part of the Bill.

Clauses 175 to 222 ordered to stand part of the Bill.

Clause 223

Adjustments

Amendment made: 13, page 163, line 19, at end insert—

‘(10) Where the covered tax balance of an investment entity includes an amount allocated to it under section 179(1) or 180(3)(a) (allocation of tax imposed under controlled foreign company tax regimes), only so much of its covered tax balance as is not comprised of amounts allocated under those sections is subject to adjustment under this section.’.—(Victoria Atkins.)

This amendment prevents adjustments being made to the covered tax balance of an investment entity in relation to amounts of controlled foreign company tax allocated to the entity (to avoid the same adjustments being effectively made twice).

Clause 223, as amended, ordered to stand part of the Bill.

Clauses 224 to 260 ordered to stand part of the Bill.

Schedule 16

Multinational top-up tax: transitional provision

Amendments made: 15, page 395, line 8, leave out paragraph (a) and insert—

‘“(a) assets are transferred from one member of a multinational group to another member of that group,

(aa) either—

(i) the Pillar Two rules do not apply to the transferor for the accounting period in which the transfer takes place, or

(ii) an election under paragraph 3(1) (transitional safe harbour) applies in relation to the transferor for that period, and’.

This amendment provides for the anti-avoidance provisions in relation to intragroup transfers to apply to transfers from a member of a multinational group until that member is fully subject to the Pillar Two regime.

Amendment 16, page 395, line 17, leave out “beginning of the commencement period” and insert “relevant time”.

This amendment is consequential on Amendment 15.

Amendment 17, page 395, line 19, leave out from “transfer,” to end of line 24 and insert “and”.

This amendment is consequential on Amendment 15.

Amendment 18, page 395, line 27, leave out from “assets” to end of line 32.

This amendment is consequential on Amendment 15.

Amendment 19, page 395, line 32, at end insert—

‘(3A) For the purposes of this paragraph “the relevant time” means the later of—

(a) the date of the transfer, and

(b) the commencement of the first accounting period in which—

(i) the Pillar Two rules apply to the transferee, and

(ii) an election under paragraph 3(1) (transitional safe harbour) does not apply in relation to the transferee.

(3B) Where the relevant time is after the date of the transfer—

(a) the value of the assets at the relevant time is to be adjusted to reflect—

(i) capitalised expenditure incurred in respect of the assets in the period between the date of the transfer and the relevant time, and

(ii) amortisation and depreciation of the assets that, had the transfer not occurred, would have been recognised by the transferor if the transferor had continued to use the accounting policies and rates for amortisation and depreciation of the assets previously used, and

(b) the tax paid amount in relation to the transfer of the assets is to be adjusted to reflect the matters referred to in paragraph (a)(i) and (ii).’

This amendment is consequential on Amendment 15.

Amendment 20, page 398, leave out lines 36 and 37 and insert—

‘(3A) Information derived from qualified financial statements as to revenue or profit (loss) before income tax must be adjusted—

(a) as the information was adjusted for the purposes of its inclusion in a qualifying country-by-country report in relation to the territory, or

(b) if the information was not included in such a report, as it would have been adjusted had it been included in such a report.

See also paragraph 6 which provides for circumstances in which further adjustments are required to profit (loss) before income tax and circumstances in which adjustments are required to qualifying income tax expense.’—(Victoria Atkins.)

This amendment makes it clear that in determining whether the transitional safe harbour provisions apply for the purposes of multinational top-up tax, revenue and profits are to be as stated in a country-by-country report, or adjusted as if they were included in such a report.

Schedule 16, as amended, agreed to.

Clause 261 ordered to stand part of the Bill.

Schedule 17 agreed to.

Clauses 262 to 275 ordered to stand part of the Bill.

Schedule 18 agreed to.

Clauses 276 and 277 ordered to stand part of the Bill.

New Clause 1

Statement on efforts to support implementation of the Pillar 2 model rules

‘(1) The Chancellor of the Exchequer must, within three months of this Act being passed, make a statement to the House of Commons on how actions taken by the UK Government since October 2021 in relation to the implementation of the Pillar 2 model rules relate to the provisions of Part 3 of this Act.

(2) The Chancellor of the Exchequer must provide updates to the statement at intervals after that statement has been made of—

(a) three months;

(b) six months; and

(c) nine months.

(3) The statement, and the updates to it, must include—

(a) details of efforts by the UK Government to encourage more countries to implement the Pillar 2 rules; and

(b) details of any discussions the UK Government has had with other countries about making the rules more effective.’—(James Murray)

This new clause would require the Chancellor to report every three months for a year on the UK Government’s progress in working with other countries to extend and strengthen the global minimum corporate tax framework for large multinationals.

Brought up, and read the First time.

Question put, That the clause be read a Second time.

Finance (No. 2) Bill

Victoria Atkins Excerpts

2nd reading
Wednesday 29th March 2023 Commons Chamber

[The Financial Secretary to the Treasury (Victoria Atkins)]

I beg to move, That the Bill be now read a Second time.

Before I start the debate, Mr Deputy Speaker, I should declare, to avoid any potential conflict or perception of conflict, that due to a family member’s financial interests, I have recused myself from making ministerial decisions on issues relating to the soft drinks industry levy, which will be dealt with more than amply by my hon. Friend the Exchequer Secretary.

I start the debate by paying tribute to Betty Boothroyd, a groundbreaking Speaker of this House who commanded the Chamber with wit, good humour and gravitas for eight years. She developed a number of subtle and perhaps not so subtle tactics to control a rowdy House, including, I understand, yawning to hint that a speech had outrun the patience of the House. I will try, Mr Deputy Speaker, not to cause you to yawn.

Since the last Finance Bill in the autumn, 10-year gilt rates have fallen, debt servicing costs are down, mortgage rates are lower and inflation has peaked. The Office for Budget Responsibility now forecasts that we will meet the Prime Minister’s priorities to halve inflation, reduce debt and get the economy growing. We are on the right track.

At the Budget, my right hon. Friend the Chancellor delivered the next part of our plan: a Budget for growth. He was clear that this Government’s focus is not just on encouraging growth as we emerge out of the downturn, but on building long-term, fiscally sustainable and healthy growth with businesses and, importantly, communities.

The Finance (No. 2) Bill delivers on those commitments. It takes forward measures to support enterprise and grow the economy by encouraging business investment and helping to increase the number of people in work. It legislates for announcements made at previous fiscal events, which take advantage of our opportunities outside the EU and reinforce our commitment to financial stability and sound money. It implements the tax measures needed to continue improving and simplifying our tax system, to ensure that it is fit for purpose.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

On fiscal events, the Minister will be aware that there was dismay in the Scotch whisky industry at the decision not to reverse the double-digit duty hike previously announced, while introducing a freeze on duty for what the Chancellor called “warm ale”. How is that consistent with the Government’s previously stated policy of reforming spirit duty to support the Scotch whisky industry?

[Victoria Atkins]

I am grateful to the right hon. Gentleman for raising that issue. I understand his concerns, and I will go into a little more detail later about the reasoning behind the restructuring of alcohol levies. In the last 10 fiscal events before this one, the whisky industry benefited from either freezes or cuts in duties. The Bill will bring into place the new framework announced some time ago, including the health aspect of being able to differentiate the strength of alcohol used in products—something that I suspect the right hon. Gentleman will want to engage with in his speech.

Let me turn to the substance of the Bill, starting with the measures to support enterprise and economic growth. Those of us on the Government Benches know that a strong private sector will grow the economy, spread wealth and prosperity across the country, help to invest in public services and support the most vulnerable in society. We recognise that central to these ambitions is private sector investment, so we are lowering business taxes to incentivise investment and tackle the productivity gap. My right hon. Friend the Prime Minister put that at the heart of his economic strategy as Chancellor, when he introduced the super deduction for corporation tax.

The next step in encouraging business investment is the full expensing policy announced in the spring Budget. The Bill introduces full expensing for the next three years. That means that for every single pound that a company invests in qualifying plant or machinery, its taxes are cut by up to 25p. That will put more than £27 billion back into the economy over the next three years. It is a corporation tax cut worth £9 billion, which the OBR has said will increase investment by 3% for every year that it is in place. It will also make us the only major European country with full expensing, and will give us the joint most generous capital allowance regime of any advanced economy, making the UK capital allowances regime the most competitive in the OECD on a net present value basis, and securing the UK’s position as a global leader.

[Sammy Wilson (East Antrim) (DUP)]

Does the Minister accept that, as a result of corporation tax increases, the amount of money taken out of firms will be more than double the amount of the allowance that she has just spoken of?

[Victoria Atkins]

I encourage the right hon. Gentleman to look carefully at the small profits rate clauses in the Bill. We clearly do not want smaller businesses, such as those on our high streets that we care for so deeply as constituency MPs, to be subject to the regimes for the largest multinational companies. If he looks at those clauses, he will see that we keep the rate at 19% for companies with profits of £50,000 or less. For companies with profits between £50,000 and £250,000, there is a tapered rate of increase. That means that 70% of companies will not see an increase in their corporation tax rate. Only the top 10% of companies will be eligible for the full main rate, but we hope that many will take advantage of the full expensing policy that we have announced.

[Harriett Baldwin (West Worcestershire) (Con)]

Many measures in the Bill will be warmly welcomed by businesses and households in West Worcestershire. However, clause 346 abolishes the Office for Tax Simplification. I do not think that anyone would say that the tax system is simpler than it was when the OTS was established. Could the Minister outline how we on the Treasury Committee can hold her accountable for continuing to simplify our tax system?

[Victoria Atkins]

I thank my hon. Friend the work that she and her Committee have done on the issue of simplification. The Committee had a very productive session with the soon to be former members of the office. What we want to do, which I will expand on a little later, is to put simplification at the heart of policymaking. So I have set my officials three objectives: making tax fairer, simpler and supportive of growth; and, for every single decision that we make, having explanations of how we will meet those three objectives. But we must acknowledge that, sometimes, there is a tension between the wish to make tax fairer and the wish to make tax simpler. The taper rate that I just described is an example of that. I appreciate that, for businesses with profits between £50,000 and £250,000 profits, their accountants will have to work out which tapering rate is available to them. But we do that precisely because we want to be fair to those businesses. I will expand on the important point that she raised later in my speech.

The Government have committed not only to supporting the growth of established businesses but to providing a boost to start-ups and young companies. That is why the Bill increases the amount of seed enterprise investment scheme funding that companies can raise over their lifetime from £150,000 to £250,000. It simplifies the process to grant options under the enterprise management incentive scheme, and it doubles the amount of share options that qualifying companies can issue to employees under the company share option plan to £60,000. Those changes intend to provide a boost to young companies by widening access to the schemes and increasing the funding limits, encouraging additional investment and further supporting growth of those companies.

We recognise how important research and development is to drive innovation and economic growth, including in our thriving life sciences sector, which employs more than a quarter of a million people and had a combined turnover of more than £90 billion in 2021. To encourage research and development, the Bill legislates for reforms to the R&D tax reliefs system previously announced by the Prime Minister when he was Chancellor. They include changes to support modern research methods by expanding the scope of qualifying expenditure for R&D reliefs to include data and cloud computing costs, and a range of measures to reduce error and fraud to ensure that our tax reliefs are well targeted and offer value for money.

By encouraging more businesses to invest in R&D, this Government are helping them to create the technologies, products and services that will advance living standards. I am pleased that, when they were announced, the chief executive of the Bioindustry Association Steve Bates OBE said of the measures:

“Modernising R&D tax reliefs to include data and cloud computing is essential for life science firms discovering and developing life-changing therapies for patients”.

We recognise the enormous contribution to our culture and economy made by theatres, orchestras and museums, as well as our vibrant film, gaming and media businesses. The Bill will extend for another two years the current 45% and 50% rates of tax relief for theatres, orchestras and museums, which will continue to offset ongoing pressures and boost investment in our cultural sectors.

The Bill will support the Chancellor’s ambitious plans relating to employment. To achieve the dynamic economy we all want, we cannot afford to waste anyone’s potential. We need to remove the barriers that stop people from working. No one should be pushed out of the workforce for tax reasons.

The British Medical Association, the Royal College of Surgeons and others have told us about the disincentive to continue working in healthcare because of tax charges on their pensions, and the NHS is our biggest employer, so to make sure that they and other professions are not deterred from working, the Bill will increase the pensions annual allowance to £60,000. The Bill will also remove the lifetime allowance charge to incentivise our most experienced and productive workers across our economy to stay in work for longer. As Dr Vishal Sharma, chair of the British Medical Association pensions committee, said:

“The scrapping of the lifetime allowance will be potentially transformative for the NHS as senior doctors will no longer be forced to retire early and can continue to work within the NHS, providing vital patient care.”

These changes will help to incentivise highly skilled and experienced individuals to remain in the labour market, which will help to grow the economy while increasing the knowledge and experience of the UK’s labour force.

[Rachel Hopkins (Luton South) (Lab)]

Can the Minister confirm whether the Government have made any assessment of the number of doctors who will stay in the NHS specifically because of the measure, which will cost more than £1 billion a year?

[Victoria Atkins]

The hon. Lady must not confine herself merely to the medical profession. I think the chair of the Association of Police and Crime Commissioners said this will be a game changer—

[Rachel Hopkins]

rose—

[Victoria Atkins]

Just give me a moment—I am galloping up to the jump. He said it would be a game changer in terms of policing. We know that education leaders have welcomed the changes, as have others, including air traffic controllers.

The hon. Lady asked a specific question about doctors. I am happy to be able to help her, using statistics produced by the Department of Health and Social Care. They suggest that, in 2023-24, around 22,000 senior NHS clinicians would have been expected to exceed the former £40,000 annual allowance—she must not forget that point—and around 31,000 clinicians would have reached at least 75% of the abolished lifetime allowance. I am happy to reiterate that we are introducing the change precisely because of the challenges we know our NHS, which we all love, faces at the moment, with waiting lists and so on, and because we can make the changes next week, in the new financial year.

I know the hon. Lady will recall that, the day after the Chancellor delivered the Budget, someone eminent in the medical profession appeared on television and said that they had already started receiving phone calls from doctors about how they could come back into the workforce or increase their hours. I know this is a point of disagreement between us and the hon. Lady’s party, but we are determined to encourage doctors and clinicians to remain in the NHS, working for all our constituents.

We are also determined to spread prosperity everywhere. One of the most exciting parts of the Budget was the creation of 12 new investment zones, helping to spread the benefits of economic growth around the UK. The Bill will deliver important aspects of that ambition. It will ensure that investment zones have access to a single five-year tax offer in specific sites, matching that in freeports, consisting of enhanced rates of capital allowances, structures and building allowances, full relief from stamp duty land tax, business rates and a reduced rate of employer national insurance contributions.

Importantly, investment zones will also uphold the UK’s high environmental standards and meet our international commitments. We require that proposals demonstrate how they support the UK reaching net zero by 2050 and our new long-term targets to protect and enhance the natural environment, and how they are resilient to the effects of climate change.

The Bill will also deliver on commitments made at previous fiscal events, including important ones to deliver on our freedom to set our own course outside the European Union. Among those opportunities is a major review of the alcohol duty system, as mentioned by the right hon. Member for Orkney and Shetland (Mr Carmichael). We have worked closely with industry on that over the last two years.

Now that the UK is able to diverge from inherited EU laws, we can implement a system that is a better fit with our national priorities, encourages growth and innovation, aligns with public health goals and is fairer for hard-working producers. The Bill simplifies the regime and moves to a progressive tax structure, where products are taxed according to their strengths. It also legislates for two reliefs: draught relief and a new small producer relief, which will support a wider range of small businesses to grow and provides recognition of the vital role that pubs and other on-trade venues play in our communities.

Thanks to the Windsor framework, the Government can implement these reforms in Northern Ireland, including the ability to tax alcohol by strength, and to introduce draught and small producer relief. We will set out more detail about how that will work in the coming weeks.

[Sammy Wilson]

The Minister appears to have anticipated my intervention. One aspect of VAT that could not apply to Northern Ireland was the relief on renewable items such as boilers and solar panels. The framework document said that, with immediate effect, zero VAT rates could apply to Northern Ireland. I do not see anything in the Bill about that. When does “immediate” apply? Did it apply last Friday, when the agreement was signed? Does it apply after this Finance Bill, or are we waiting for the EU to ratify its law changes before it can apply?

[Victoria Atkins]

I am extremely grateful to the right hon. Gentleman for his question, which I interpret to be about energy-saving materials. I ask him to watch this space. I know how keen he and his colleagues in Northern Ireland are to ensure that we are able to bring forward those measures. I was hoping he would ask me a question that would give me the opportunity to flag my love for Bushmills whiskey—in a healthy way—but sadly I have been denied that.

[Mr Carmichael]

On that point, will the Minister give way?

[Victoria Atkins]

Crikey—if the right hon. Gentleman asks me to list my favourite Scotch whisky, we could be here some time.

[Mr Carmichael]

I am well up for that challenge. We know that the Secretary of State for Scotland argued against the increase in duty. One wonders what it was that the Minister found so unattractive in that argument; perhaps we will now get some of the answer. I do not know whether the Minister regards it as a detail, but when will we see spirit duty reform? Can she give us a date?

[Victoria Atkins]

As the right hon. Gentleman knows, I am bound by collective responsibility, so I can neither confirm nor deny what the Secretary of State for Scotland may or may not have said. I do not know, but I certainly intend to continue to support the Scotch whisky industry. [Interruption.] My hon. Friend the Exchequer Secretary to the Treasury reminds me that the changes will be coming in in August. We want to work constructively with industry on this.

Another opportunity is in delivering a better connected country. As announced in the autumn Budget 2021, the Bill delivers a package of air passenger duty reforms that will bolster air connectivity across the UK through a 50% cut in domestic air passenger duty. Set at £6.50, the new domestic band will benefit more than 10 million passengers from April. The reforms will also align with UK environmental objectives by adding a new ultra-long-haul band, ensuring that those who fly furthest and have the greatest impact on emissions incur the greatest duty.

The Bill will also take forward measures to support sustainable public finances, helping to provide the stability and confidence that underpin the economy and supporting businesses and households across the country. Despite energy prices having come down since they reached historic heights after the invasion of Ukraine, we know that many families and businesses still feel the strain. The only sustainable solution to the link between the cost of gas and the price paid by customers for all electricity is to reform the energy market and reduce the reliance on gas generation, so as we announced at the autumn statement, the Government are now legislating for a tax on the extraordinary returns of electricity generators resulting from the spike in gas prices driven by Russia’s illegal war in Ukraine. It is forecast to raise approximately £14 billion over the next five years, to help to fund public services and interventions to support households and businesses with increased energy bills.

To further ensure that businesses pay their fair share of tax, the Government will also legislate to protect the UK tax base against aggressive tax planning by large multinational businesses, and to reinforce the competitiveness of the UK; I know that this is a matter of interest to several right hon. and hon. Friends. The Bill will implement OECD pillar two in the UK, which builds on the historic agreement of over 135 countries to a two-pillar solution to the tax challenges of a globalised and digital economy. The global minimum tax—pillar two, as it is called by those who speak accountancy language—will ensure that multinational enterprises pay a minimum 15% rate of tax in each jurisdiction in which they operate, meaning that those companies operating in the UK contribute their fair share to sustainable public finances.

[Richard Drax (South Dorset) (Con)]

Can the Minister tell the House how many countries have signed up to this mad, mad move?

[Victoria Atkins]

I am sensing from my hon. Friend that perhaps I have to convince him. I can tell him that 135 countries have signed the agreement.

My hon. Friend’s question may well extend to implementation; I know from listening to colleagues that there are concerns about that. We are acting in unison with other countries. EU member states are legally obliged by a directive to implement the measure by 31 December this year. Things are moving very fast. Germany published its draft legislation last week, showing its full intent to implement the directive; it joins Sweden and the Netherlands in doing so. Other countries implementing to the same timescale include Japan, Korea and Canada. In its Budget yesterday, Canada made the point that

“the multilateral framework for the global minimum tax regime is now being put in place.”

I understand the concerns that colleagues have raised about implementation and the timing thereof, but we are very much working in unison with other countries. Importantly, because of the position that we are taking, we can help to shape the rules.

[Richard Fuller (North East Bedfordshire) (Con)]

In enumerating all those countries, the Minister has covered approximately 20% of the global 100 multinationals. There are still 80 that are not covered by the countries that she has mentioned, the most important of which is of course the United States, which is having tremendous problems in fulfilling its signature to the agreement with the OECD. Can she say at the Dispatch Box whether she will be open to accepting an amendment in Committee, if such a provision is not in the Bill, to the effect that the United Kingdom will implement these changes only when all the major OECD countries have done so?

[Victoria Atkins]

I regret that I cannot undertake to do so. As my hon. Friend will know, we have had to scorecard the impact of this measure, and I have looked carefully into the implementation dates precisely because of the concerns that right hon. and hon. Friends have raised. I understand why my hon. Friend cites the US, but the United States already has rules that require US-headquartered groups to pay a minimum level of tax on their foreign activities.

We believe very strongly that acting alongside others is crucial to meeting the aims of this global reform. I know that there are certain points of tension with particular sectors, but we can point—perhaps in Committee, if not now—to examples of our ability to shape the rules in order to answer the very reasonable needs and requests of sectors that are so critical to the UK economy.

[Sammy Wilson]

The Minister is being generous in giving way. Does it not seem odd to her that at a time when we are talking about taking back sovereignty and having our independence, we are signing up to an arrangement that curtails that very ability? Does she recognise that the Republic of Ireland vigorously resists giving way on its 12.5% corporation tax? That directly competes not just with Northern Ireland, but—as we have already seen with pharmaceutical companies—with the rest of the United Kingdom.

[Victoria Atkins]

The way in which the agreement works means that the tax liability falls due in a country that has signed up, as Ireland has done, partly through its membership of the EU. The tax minimum floor is 15% and it falls due on the activities in that country. The country that collects the tax, first and foremost, will be the country in which the company is headquartered —it might be a UK-headquartered company, for example—but that floor means that with respect to those countries that do not charge 15%, the company is liable for that top-up tax. That is why being part of the group of countries helping to make the rules is so critical. It is not for me to advise the Irish Government or others on how to conduct their own tax affairs—I would not dream of doing so—but it is a member of the European Union, which has set out that directive, and the date is 31 December. I will leave that with the right hon. Gentleman.

[Nigel Mills (Amber Valley) (Con)]

rose—

[Matt Rodda (Reading East) (Lab)]

rose—

[Victoria Atkins]

I will give way once more, if I may, but then I must make some progress.

[Nigel Mills]

The Minister will know that the main motivation for this change is to stop the use of tax havens. Sadly, a lot of our overseas territories and Crown dependencies have a corporate income tax rate below 15%. Have the Government had discussions with those territories to try to ensure that they reform their position, so that they do not have their tax topped up elsewhere, effectively, rather than charging it themselves?

[Victoria Atkins]

I know my hon. Friend understands that I must not reveal conversations that may have happened with other jurisdictions, and of course it is not for me to comment on how other jurisdictions conduct their tax affairs. However, he is absolutely right that this is about having a minimum floor of tax to prevent the sort of aggressive tax planning that frankly very few people or businesses in the world can afford. It is about ensuring that they pay a fair amount, across the world, so that they are contributing to public services.

I am mindful that the right hon. Member for East Antrim (Sammy Wilson) asked me a question about sovereignty. We have a veto, so we are leading the discussion on this. If we do not like a future proposal, we have a veto: that is a very important part of the international agreement in which we are taking part.

As was announced last year and as the Chair of the Treasury Committee, my hon. Friend the Member for West Worcestershire (Harriett Baldwin), has set out, the Bill legislates for the abolition for the Office of Tax Simplification. We have taken that approach because what we want, rather than an arm’s length body overseeing simplification—albeit one with some very interesting ideas that I have certainly read carefully and been interested to consider—is a clear mandate to officials in the Treasury and His Majesty’s Revenue and Customs to put tax simplification at the heart of policy making.

A very good example that will be introduced via the Bill is that the £1 million annual investment allowance limit will be made permanent. This measure allows businesses to write off the cost of qualifying plant and machinery investment in the first year up to £1 million, simplifying the tax treatment of capital expenditure for 99% of businesses.

[Sir Stephen Timms (East Ham) (Lab)]

Will the Minister give way?

[Victoria Atkins]

I am so sorry, but I must make progress; I am sensing your yawn coming on, Mr Deputy Speaker.

The Bill will simplify pension tax by increasing the annual allowance and removing the lifetime allowance. It also legislates for a range of administrative changes to deal with technical issues, improving and modernising the tax system and making it easier for businesses to interact.

This Finance Bill takes forward important measures that are needed to support enterprise and growth, including incentives for investment and support for employment in, for instance, the NHS. It seizes freedoms that are available now that we are outside the EU, it deals with threats posed to the sustainability of our public finances by the energy crisis and aggressive tax planning, and it supports our long-standing goals of modernising and simplifying the tax system. It delivers on an important part of the Government’s commitments in the spring Budget to create long-term economic growth, and for all those reasons I commend it to the House.

[Mr Deputy Speaker (Mr Nigel Evans)]

The Minister began by paying a tribute to Betty Boothroyd. She was my first Speaker, 31 years ago. The Minister said that she ruled from this Chair with fun and firmness, and she certainly did that. When my office was over at Millbank, I tried to persuade Seb Coe to write to the Speaker and say that he found it difficult to get here in time when the Division bells rang. He refused, so I wrote to her, and she said to me, “No, I am not increasing the time, lovey.” She was the first and only Speaker to call me “lovey”, I am thankful to say! She said, “I am not doing that, because I went over to Millbank myself and even had time for a puff at a cigarette before I strolled across and did it well in time—so I am not increasing the time limit.” We do remember her with great fondness, particularly on the day of her funeral.

I now call the shadow Minister.

Draft Major Sporting Events (Income Tax Exemption) (Women’s Finalissima Football Match) Regulations 2023

Victoria Atkins Excerpts

Wednesday 22nd March 2023 General Committees

[The Financial Secretary to the Treasury (Victoria Atkins)]

I beg to move,

That the Committee has considered the draft Major Sporting Events (Income Tax Exemption) (Women’s Finalissima Football Match) Regulations 2023.

May I say what a pleasure it is to appear before you today, Mrs Murray, especially because I know that, as president of Liskeard girls football club, you have a particular interest in ensuring that we do everything we can to make the Finalissima festival, or contest, at Wembley stadium on 6 April as enjoyable as possible, and particularly that we cheer on our Lionesses? This Committee is today making footballing history by helping UEFA and its counterparts in South America to host the women’s Finalissima football match at Wembley stadium on 6 April, when the recently crowned European women’s champions—namely, our very own England Lionesses—will play their Copa América counterparts, Brazil.

This statutory instrument enables an income tax exemption for accredited overseas individuals who participate in the women’s Finalissima football match. The exemption will apply to any UK income that an accredited individual receives playing matches in the tournament or for duties and services performed in connection with the match. This is an opportunity not only for the Lionesses to showcase their talents in front of a sold-out Wembley stadium and a worldwide audience, but for us to ensure that women’s football is treated equally with men’s football—something in which we all believe. These measures very much follow the framework that was set up, for example, for the athletes and others taking part in the 2012 London Olympic and Paralympic games, the UEFA men’s and women’s Euro championships in 2021 and 2022, various UEFA champions league finals, the 2014 Glasgow Commonwealth games and the 2017 World Athletics championships.

The draft regulations make use of powers that were introduced in the Finance Act 2014, providing a tax exemption through secondary legislation. I hope the entire Committee gets behind this instrument: help us to help them with their tax affairs, so that the players and those who support them can concentrate on a great game of football at Wembley on 6 April.

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

It is a pleasure to serve with you in the Chair, Mrs Murray. As we have heard from the Minister, the regulations seek to remove the income tax liability for accredited persons who are non-resident in the UK for performance of their duties or services in the UK in connection with the women’s—I cannot say this very well—

[Victoria Atkins]

Finalissima!

[James Murray]

Yes—hopefully Hansard will correct that for me. The Finalissima 2023 will be held here on 6 April. As the statutory instrument sets out, the tax exemption will be available from the period of 2 to 7 April. As well as being non-resident, beneficiaries of the tax relief must work for or be contracted by one of the sporting bodies, teams or clubs competing in the competition. The Opposition will not oppose the statutory instrument, as it is standard practice with world-class sporting events for the host nation to provide certain tax exemptions, not least to avoid the risk of double taxation in the UK and the home nation of the accredited person. We believe it is important that the UK is seen as an attractive place to host major cultural and sporting occasions, as it has done successfully so many times in the past.

If you will allow me, Mrs Murray, I would like to place on record how pleased I am that the competition will be hosted only a stone’s throw from my constituency. As it is only a short journey from Ealing North to Wembley stadium, I am sure that many of my constituents will be eager to attend the match. I would be grateful if the Minister could outline what measures will be taken to ensure that communities local to the competition will have a fair opportunity to purchase tickets. My constituency has another close connection with our women’s national football team: one of its players, the brilliant Chloe Kelly, was raised in Hanwell. I am so glad to be able to quote the excellent deputy leader of Ealing Council, Councillor Deirdre Costigan, who announced that Ealing Council would like to offer Chloe

“Freedom of the Borough for her amazing achievements…we want to see many more young people achieve sporting greatness like Chloe.”

I wholeheartedly echo her comments.

The Opposition will not oppose the statutory instrument, and I am sure that the Minister will join me in wishing the Lionesses every success in the upcoming match.

--- Later in debate ---

[Victoria Atkins]

I hope, Mrs Murray, that Hansard reflects your energy and enthusiasm—and notes your enthusiasm for your local girls’ team.

I want to make a couple of points. First, I must of course place on record my gratitude to my very dear hon. Friend the Member for Chatham and Aylesford, who does so much for football and contributes to the cause of women’s football by playing quite a lot, as I am sure others here do too.

Although I want to help the hon. Member for Ealing North, I am afraid that the popularity of the match means that it is sold out, but his local economy will benefit—everybody would expect me to bring a Treasury perspective to this debate—by about £50 million from events staged at Wembley, including this one. Wider London receives a £161 million boost from such events, and even outside London there is a further £80 million boost to our economy. I also understand that UEFA and the FA work with local councils to ensure that local communities get the best benefit and most enjoyment possible from this wonderful event.

I am extremely grateful for support from Scotland, and I am sure that on 6 April we will see exactly what the hon. Member for Aberdeen North described: a packed stadium with lots of women and girls, I hope, enjoying the match—alongside male fans as well. I really hope that the Lionesses beat the Brazilian team. I say that with great professionalism and in my ministerial capacity, and I am sure it is in line with the code of conduct; anyway, I hope the Lionesses beat them! I commend the regulations to the Committee.

[The Chair]

I shall now put the Question—let me have a third try at getting this right!

Question put and agreed to.

Oral Answers to Questions

Victoria Atkins Excerpts

Tuesday 21st March 2023 Commons Chamber

[Tommy Sheppard (Edinburgh East) (SNP)]

13. What recent assessment his Department has made of the impact of withdrawal from the EU on the economy.

[The Financial Secretary to the Treasury (Victoria Atkins)]

It remains challenging to separate the effects on the UK economy of Brexit and of wider global trends, such as the invasion of Ukraine by Russia, that add pressures on trade, prices and the wider economy. The Government have been working to take advantage of leaving the EU, including through the Edinburgh reforms, new freeports and the opportunity to shape new trading relationships with the rest of the world.

[Tommy Sheppard]

It is not that difficult, is it? Last week, the Office for Budget Responsibility published its report and, at the bottom of page 46, it says quite clearly that the OBR predicts that Brexit means that the UK economy will shrink by 4% and trade will go down by 15%. Is it not time to get over this denial phase and actually admit that Brexit has caused irreparable harm to the UK economy? Or is the OBR wrong?

[Victoria Atkins]

If I may, I will gently point out to the hon. Gentleman that the OBR has previously stated that it is too early to reach definitive conclusions. The Government are focused on seizing the opportunities provided by Brexit, including the world’s biggest zero-tariff, zero-quota trade deal. Indeed, Scotland itself will benefit from 71 new trade deals secured with non-EU countries and control of our fishing waters. I hope that the hon. Gentleman also welcomes the £8.6 million invested in Scotland’s festival economy at the Budget last week.

[Tulip Siddiq (Hampstead and Kilburn) (Lab)]

Now that the Windsor agreement has been reached, I am sure that the Minister will agree that there is ample opportunity to have a constructive working relationship with the European Union. In light of that, and for the sake of struggling British businesses, may I ask the Minister whether she will finally get behind Labour’s proposals for a bespoke veterinary agreement on the mutual recognition of professional qualifications and for a memorandum of understanding on regulatory co-operation for our financial services?

[Victoria Atkins]

I am very grateful to the hon. Lady for her question and I urge her to get behind our trade and co-operation agreement. As I say, it is the world’s largest zero-tariff, zero-quota deal. I am delighted to say that the Chief Secretary has just confirmed that we have signed the memorandum.

[Rachael Maskell (York Central) (Lab/Co-op)]

14. If he will take fiscal steps to increase funding for social and affordable housing.

--- Later in debate ---

[Deidre Brock (Edinburgh North and Leith) (SNP)]

Researchers at Warwick University and the London School of Economics estimate that the non-dom regime denies the Exchequer about £3.2 billion per year. Why did the Chancellor not take steps to abolish that in last week’s Budget, instead of creating more hoops for universal credit claimants to jump through?

[The Financial Secretary to the Treasury (Victoria Atkins)]

We have looked very carefully at this, because we know that many in the House have been citing this figure. What concerns us about that analysis is that the study does not appear to take into account the behavioural ramifications of changing the current regime or of making it less competitive than that of our international partners. We do have to remind ourselves that non-domiciled taxpayers pay UK tax on their UK earnings to the tune of £7.9 billion.

[Anthony Browne (South Cambridgeshire) (Con)]

The Leader of the Opposition led his charge against the Budget by saying that the UK was the sick man of Europe, yet the IMF shows that the UK had the fastest-growing economy in the G7 not just last year but the year before, and that since the Conservatives came to power in 2010 the UK has had the fastest-growing economy of the major economies in Europe. Does my right hon. Friend the Chancellor agree that, although there are clearly major economic challenges, there are many reasons—not least the tech sector in South Cambridgeshire—to be confident about the future of the UK economy?

[Dave Doogan (Angus) (SNP)]

My constituent Fiona Cooper was seeking to close the national insurance contribution gaps in her pension just before retirement and was frustrated that the advice she got about her missing years from HMRC needed validating by the Department for Work and Pensions. Does the Chancellor agree that one set of numbers is the cornerstone of any enterprise, and is he also frustrated that she has been advised that she will need to close full years before she can close part years?

[Victoria Atkins]

If the hon. Gentleman would like to write to me about this, I will look into it, but I remind him that I issued a written ministerial statement recently, extending the deadlines precisely to help women in the situation he describes.

[Dr Luke Evans (Bosworth) (Con)]

The Chancellor and I sat for three years on the Health Committee hearing evidence of just how restrictive the pension rules were for the likes of doctors. The fact that he has now been able to make that change is fantastic. Will he take that approach to dealing with some of the other red tape around retention and recruitment for other professions in the health service because, as the British Medical Association said, it is making a real difference?

HM Revenue and Customs Update

Victoria Atkins Excerpts

Tuesday 7th March 2023 Written Statements

[The Financial Secretary to the Treasury (Victoria Atkins)]

From April 2013, the Government permitted individuals to retrospectively build their April 2006 to April 2016 National Insurance (NICs) record through voluntary contributions as part of transitional arrangements introduced alongside the new state pension. The deadline for voluntary contributions was set for 5 April 2023.

His Majesty’s Revenue and Customs and the Department for Work and Pensions have experienced a recent surge in customer contact. To ensure that customers do not miss out, the Government intend to extend the 5 April deadline to pay voluntary NICs to 31 July this year. This applies to years that would otherwise have been out of time to pay after 5 April, up to and including the 2016-17 tax year. All voluntary NICs payments will be accepted at the existing 2022-23 rates until 31 July.

[HCWS608]

Spring Finance Bill 2023

Victoria Atkins Excerpts

Friday 3rd March 2023 Written Statements

[The Financial Secretary to the Treasury (Victoria Atkins)]

The spring Finance Bill 2023 will be published on 23 March. Explanatory notes on the Bill will be available in the Vote Office and the Printed Paper Office.

As usual, a full copy of the Budget resolutions will be made available after the Chancellor’s Budget statement on 15 March. This includes resolutions made under the Provisional Collection of Taxes Act 1968 for those measures that are expected to come into effect ahead of Finance Bill Royal Assent.

In line with the approach to tax policy making set out in the Government’s documents “Tax Policy Making: a new approach”, published in 2010, and “The new Budget timetable and the tax policy making process”, published in 2017, the Government published draft legislation for the spring Finance Bill 2023 on 22 July 2022, which is available on gov.uk.

[HCWS600]

Public Sector Exit Payments (Limitation) Bill

Victoria Atkins Excerpts

2nd reading
Friday 3rd March 2023 Commons Chamber

[The Financial Secretary to the Treasury (Victoria Atkins)]

I am grateful to the hon. Member for Hampstead and Kilburn (Tulip Siddiq) for her advice, but I first congratulate my hon. Friend the Member for Christchurch (Sir Christopher Chope) on securing a Second Reading of the Bill. I thank him and several other hon. Friends for their continued focus on this important issue.

We value our public sector workers and the services they provide, but it is important to take a common-sense approach when considering the terms and conditions that should be on offer in the public sector, and to strike a fair balance between the interests of employees and taxpayers. Such payments must be fair and proportionate, and value for money must be achieved for the taxpayer. That is particularly pertinent at this time, when difficult decisions have had to be taken about the public finances and we look to squeeze more out of every pound of taxpayers’ money. Indeed, one of the Prime Minister’s five pledges is to ensure that our national debt is falling, so that we can secure the future of the public services on which so many rely. That is important because in recent years the Government have been concerned about the overall spending on exit payments, and the number of very large exit payments made to individuals.

Authorised Push Payment Fraud

Victoria Atkins Excerpts

Wednesday 1st March 2023 Westminster Hall

[The Financial Secretary to the Treasury (Victoria Atkins)]

It is a pleasure to serve under your chairmanship, Mr Dowd. I commend the hon. Member for East Renfrewshire (Kirsten Oswald) for securing this debate, which addresses an issue that she clearly cares about deeply. I know from my own constituency and from conversations with colleagues across the House that it is, sadly, one that we see across the country, which is why the Government also care deeply about it. It is a growing issue and demands urgent intervention.

As the hon. Lady set out articulately, authorised push payment scams are becoming increasingly sophisticated and often target the most vulnerable in our society. Because they are so sophisticated, they are also able to target professionals, businesses and so on—people who would otherwise consider themselves to be alive to these sorts of risks. It is a very clever form of fraud.

Under the European regulatory system that we have inherited, there is no statutory or regulatory requirement for banks to reimburse the victims of these scams. Although the creation of a voluntary reimbursement code has improved matters, reimbursement for victims has, as the hon. Lady set out, been inconsistent across banks and for victims, and only about half the stolen money is reimbursed. As a result, many victims are left facing significant losses; in the worst cases, they can lose their life savings. From the hon. Lady’s descriptions, we know the impacts that that can have on people and businesses. We are acutely aware of the impact of this type of fraud, so we are determined to help victims and to crack down on these scams and the impact that these fraudsters have on people and businesses.

Front and centre of those efforts is our action on victim reimbursement. As part of the Financial Services and Markets Bill, we are introducing world-leading legislation to protect people as a matter of urgency. Once passed, the Bill will remove legal barriers in retained EU law that currently prevent regulatory action on reimbursement by the Payment Systems Regulator. That will enable the regulator to mandate reimbursement for any payment system under its supervision. However, the legislation goes even further: it will also place a specific duty on the regulator to implement a reimbursement mandate for the faster payments system within six months. I hope that the hon. Lady and other hon. Members will be assured that there will be swift regulatory action once the Bill receives Royal Assent.

This issue does not just require timely action; it also demands effective action. We are confident that the regulator has the appropriate objectives, expertise and powers to design the details of mandatory reimbursement in a way that ensures strong and consistent protections for victims. In its recent consultation on the matter, it stated its intention to require firms to fully reimburse victims of all APP fraud occurring through faster payments, with very limited exceptions. That would ensure that victims are reimbursed in the vast majority of cases and at far higher rates than under the existing voluntary reimbursement codes.

[Kirsten Oswald]

I hear what the Minister says. What does she think about the people I described in my contribution, who will not be covered by the measures she outlined?

[Victoria Atkins]

I was going to attempt to answer the question posed by the hon. Lady later, but I will answer it now. Regarding current victims, the legislation is not retrospective—she will know that it is very rare for this place to pass retrospective legislation—but we expect banks to honour past voluntary commitments. That may well be something that the Economic Secretary to the Treasury, who has primary responsibility for this area, has put his mind to. I will ask him to write to her with his thoughts on it.

Given that the hon. Lady has intervened on me, I will respond to the interesting points she raised about social media and tech companies. I will do the same as on the previous point, and ask the Economic Secretary to the Treasury to write to her. From my own portfolio, I know some of the challenges with the use of social media when it comes, for example, to repayment agents who are not behaving as they should. As the hon. Lady says, the ability of fraudsters to present themselves as legitimate, by stealing people’s business logos or details, is highly sophisticated. It requires a joined-up reaction from across Government, law enforcement and so on.

That brings me to what we are doing across Government. Although this is an insidious form of fraud, it is not the only one our constituents face. We will therefore shortly publish a new, broad-based fraud strategy, which will detail how we will prevent fraud, so that people do not lose their life savings and money in the way the hon. Lady set out and we can crack down on these gangs.

In the meantime, the Treasury has worked diligently with the Financial Conduct Authority and the Payment Systems Regulator on the roll-out of fraud prevention measures such as confirmation of payee, which the hon. Lady referred to, which can help and has been designed to stop some forms of APP fraud and accidentally misdirected payments. I know that the hon. Lady and other hon. Members will welcome the regulator’s action to mandate that service for the vast majority of faster payments transactions, and I highlight its intention to achieve near-universal coverage in the near future.

The Treasury continues to assess industry proposals for legislation to enable further delay to high-risk payments. The hon. Lady asked me about internal banking processes, and that is one way that we have looked to address that form of fraud.

The regulator has consulted on further measures to prevent payment fraud, including enhanced information sharing between payment providers so that scammers can be identified and shut down quickly. That is in addition to mandating confirmation of payee, which I have already described. That will enable payers to check that they are, in fact, sending payments to the right person.

In short, we very much understand why the hon. Member for East Renfrewshire has raised this important issue. We share her determination to tackle it, and look forward to working with law enforcement agencies, banks, the regulators and colleagues across the House to ensure that our constituents are protected from this invidious form of fraud, which I know we all want to see stopped.

Question put and agreed to.

Sunscreen Products: VAT

Victoria Atkins Excerpts

Thursday 9th February 2023 Westminster Hall

[The Financial Secretary to the Treasury (Victoria Atkins)]

It is a pleasure to serve under your chairmanship, Mr Sharma, and I congratulate the hon. Member for East Dunbartonshire (Amy Callaghan) on securing the debate. We had a very interesting, helpful and detailed conversation in November, which was quite amicable, so I hope she will forgive me for saying that my recollection of our conversation is not that I said that people should wear a hat. I was merely pointing out to her that the NHS advice is that we should all wear appropriate clothing, particularly when we are in strong sunshine and in hot places. I think we all accept that sunscreen is but one part of our protection against the damage that the sun can do to us. If I remember correctly, she acknowledged that sunglasses, hats, appropriate clothing and, as my hon. Friend the Member for Erewash (Maggie Throup) said, staying inside during the hottest times of the year are all part of that jigsaw.

[Amy Callaghan]

I agree that we had a very amicable meeting, but I do not think it was necessarily helpful to my VAT Burn campaign. What the Minister said is correct, but there are some questions from our meeting that are still to be answered.

[Victoria Atkins]

I very much accept that, and I genuinely welcome the debate. I particularly thank her and my hon. Friend the Member of Erewash for bringing their personal examples into the debate. It is very important as part of our national conversation—not just on this topic, but on all sorts of topics that the House rightly debates. When we do so, it does not always get the attention it deserves, but it is important that people can bring their experiences to the debate. The hon. Member for Strangford (Jim Shannon) brought the experiences of his staff and their families into the debate, underlining the point that has been made fairly and effectively about how common melanoma is in the UK and the particular impact it can have on people under the age of 50.

As one would expect, the NHS advises people to wear suitable clothing, to spend time in the shade during the hottest times of the day, and to wear high factor sunscreen with at least a four-star UVA rating. The hon. Member for Reading East (Matt Rodda) made an interesting point when he said that this is the time of year when a lot of people start to book summer holidays, whether here in the UK—I would always recommend the coastline of Lincolnshire for a holiday, unsurprisingly—or overseas. There is some interesting research that I looked into as part of my preparation not just for today’s debate but for the meeting I had with the hon. Member for East Dunbartonshire in November. Increased exposure to intense sunlight is thought to have increased because more people can travel internationally and to go abroad, and there is some thinking that that may explain the increase in the rate of melanomas since the early 1990s. It is important to note that, as although sunscreen is an important part of our defence, where we go and what we do when we go abroad on holiday also has an impact.

I am sorry to fulfil hon. Members’ predictions about what I would say, but the truth is that any Treasury Minister worth their salt would make the point that VAT is a broad-based tax on consumption. The 20% standard rate applies to most goods and services, including sunscreen products purchased over the counter. A couple of misconceptions about that seem to have arisen, which I will correct.

We do not have categorisations of cosmetic products for the purposes of VAT, or the Canadian categorisations that the hon. Member for North Ayrshire and Arran (Patricia Gibson) described. Either products are bought over the counter, and will therefore have VAT charged on them, or they are prescribed by a doctor or other prescribing professional. Those are the categorisations. VAT applies to all products bought over the counter, including paracetamol and Calpol. In their examinations of patients, GPs carefully analyse whether families are able to buy products over the counter or need them to be prescribed.

The hon. Member for North Ayrshire and Arran is right that the NHS can provide sunscreen on prescription in certain restricted circumstances. Doctors can prescribe sunscreen, which will therefore be provided without incurring VAT, to people who suffer from certain skin conditions characterised by extreme sun sensitivity, including porphyria. In addition, it can be prescribed to patients who have an increased risk from UV radiation because of chronic disease, therapies or procedures. The hon. Member for Ealing North (James Murray) asked for numbers; I do not have the numbers from either the Department of Health and Social Care or the NHS to hand, but I will happily provide them to the House of Commons Library.

There are no plans to change the VAT rating on sunscreen.

[Amy Callaghan]

On that point, will the Minister give way?

[Victoria Atkins]

I will develop my argument, and then I will give way to the hon. Lady.

I know that hon. Members have said they suspect they know what I am going to say, but I cannot change the fact that VAT is one of the main forms of revenue for the UK Government. In the year 2022-23, VAT is predicted to raise some £157 billion. To put that into context, that it almost the entire cost of our NHS. That is how important it is as a revenue raiser for the Government so that we can fund the services we care so much about.

Against that VAT backdrop, we look at items that we want to zero-rate or exempt. The hon. Member for East Dunbartonshire mentioned period products; I am really proud that a Conservative Government removed VAT from period products. That is a definite benefit of our having left the EU. Starkly, evidence is emerging that such VAT cuts are not being passed on to customers by those who sell those products. I have asked for more details about that, because when Government change tax policy in order to try to help with the cost of living—

[Patricia Gibson]

On that point, will the Minister give way?

[Victoria Atkins]

In a moment. It is important that those changes are passed on to the consumer, as that is the purpose of the policy. Our raw concern is that if relief is provided, not just with VAT but on other taxable items, it may not be passed on to the customer.

Colleagues across the House have rightly commended Tesco for choosing to absorb the VAT on sunscreen products within its profit margins. I stand with those Members and encourage other retailers to do the same, if this is a matter they care deeply about. While I am delighted to hear that Morrisons will promise to pass on the cut to customers if this VAT policy is changed, I gently point out that we would expect it to do that anyway; perhaps Morrisons should be encouraged to follow the lead of its market competitor Tesco. I know not, and I had better not get involved in competition between supermarkets. However, I would very much hope that retailers—I am sure they take a close interest in their customers’ ability to pay—will follow Tesco’s lead.

[Amy Callaghan]

The Minister has made a number of points that I want to pick up on. While it is great that these larger businesses pick up and absorb the VAT, we cannot expect that of the small retailers, such as independent pharmacies, in our constituencies. I am thoroughly disappointed that the Minister’s response is living up to expectations, to be honest. Does she recognise that the Government previously committed to reviewing VAT on sunscreen products on the Floor of the House, when the right hon. Member for North West Hampshire (Kit Malthouse) committed to it?

[Victoria Atkins]

There were a number of points there. First, the hon. Lady asked about independent retailers, and I fully accept what she said. I do not pretend that this is an easy decision or an easy policy area. My duty as a Minister is to weigh up the trade-offs implicit in deciding tax policy. We have to ensure that when we make changes to the VAT system, we do so fully understanding the potential consequences for other aspects of that system.

The hon. Member for North Ayrshire and Arran said that this change would represent a very small sum. The truth is, since the 2016 referendum, the Treasury has been encouraged to make changes to the VAT system totalling some £50 billion. Many of those changes will be commendable, and we will have a great deal of sympathy with why a Member feels compelled to make that case on behalf of their constituents. However, we have to make these difficult decisions as to which items are VAT-exempted or VAT-free and which are not, and that is why those products are so small in number.

[Patricia Gibson]

The Minister is making a powerful case as to why VAT is an important source of revenue for the UK Government, and I do not think anybody would dispute that. But if she was to do as Members in the Chamber ask and remove VAT on sunscreen, can she tell us how much that one single measure would cost the Treasury?

[Victoria Atkins]

It is very difficult to calculate. Because of the way multinational companies such as Tesco conduct their VAT returns, it is difficult to break it down. Our concern is, as I say, a practical one about the impact. Each and every time I get asked to exempt a product from VAT—this is a regular occurrence, I promise, and I completely understand why Members of Parliament would wish for such matters to be exempted—I have to conduct this trade-off. It is incredibly difficult. I very much understand the intentions behind the campaign, but this is the thinking behind why we have thus far had to say no. Of course, we keep it under review.

[Maggie Throup]

I completely understand the point the Minister is making about trade-off and balance, but will she commit to looking at the cost to the NHS of melanoma as a condition? That, surely, should be balanced out against the loss of VAT. Obviously, she will have to go to the Department of Health and Social Care for that, but let us look at that trade-off and that balance in more detail.

[Victoria Atkins]

That is a very fair challenge. I keep talking about difficulties, but that is the reality of the decisions we have to make; while a lot of melanoma is caused by of exposure to the sun, even in this day and age, some melanoma will be due to sunbed use, which I know colleagues across the House will have great concerns about. Some melanoma will be from damage caused decades ago, when we were less aware of the risks of the sun, and some will have no link at all to sun damage. It will never be a straight swap.

[Jim Shannon]

I thank the Minister for her response, and I want to follow on from what the hon. Member for Erewash (Maggie Throup) said. In my contribution I referred to 200,000 surgical operations and 16,000 new melanoma cases every year, and the scale of that results in a significant cost for the NHS. We are not criticising the Minister; she is doing what a Treasury Minister has to do. We are saying, very respectfully, that there is a cost to the NHS every year. That has to be part of the mathematics of the process.

This is a very long intervention, and I apologise for that. Given that Australia and the United States of America have cut VAT on sunscreen, has there been any discussion with the relevant bodies about what those countries achieved by doing so?

[Victoria Atkins]

I do not know if there have been any discussions. I will ask, because it may be that my predecessors had them. In terms of comparisons with Australia and the United States, we have to tread a little bit carefully. With the horrendous damage that has been done to the ozone, Australia has a very particular problem with exposure to the sun, and we have to remember the strength of the sun there. I note what the hon. Member for East Dunbartonshire said about UVA and UVB being present in Scotland, but I do not think that anyone would suggest that Scotland has the same strength of sun exposure all year round as the sunnier parts of Australia.

[Amy Callaghan]

Will the Minister give way?

[Victoria Atkins]

I have been quite generous with the hon. Lady, so I will carry on. We have to tread carefully with international comparisons. On the broader point, I understand the argument, but we have a great deal of other extremely good causes that I have to look at carefully. It is the responsibility I have to bear. That is the thinking behind our approach to the VAT system.

[Amy Callaghan]

I thank the Minister very much for giving way. The point that she was getting to prior to the previous intervention hinted at the desperate need for an awareness campaign. If she will not commit to reforming the VAT on sunscreen products, will she consider an awareness campaign around exposure of our skin to the sun?

--- Later in debate ---

[Victoria Atkins]

I fear I may be treading on Health Ministers’ toes if I commit the Department to an awareness campaign. I have already written to the relevant Health Minister to ask what plans there are to help the public on this. Again, it should not just be the Government working on this. Any parent who has a baby nowadays will be told by medical professionals —I remember that I was with my little boy—how vital it is to protect infants, babies and young children with sunscreen, and, critically, to keep them indoors at the hottest times of the day.

There is work that schools can do to help with this, and, in fairness, an awful lot of them do. I do not know if the hon. Member for East Dunbartonshire is aware of this, but when there are hot days, such as during the heatwave we had last summer, schools encourage mums and dads to put sunscreen on their children before they go to school and to top it up. I think there is a greater awareness of the risks than there was 20 years ago—even than there was 10 years ago, dare I say.

On the point about the cost of sunscreen, one of the best things that the Government can do is, of course, to cut inflation. Inflation lies at the heart of many of the issues that we as a country are facing. It is precisely why in his new year speech, my right hon. Friend the Prime Minister made, as his very first pledge to the British public, the promise to halve inflation. We want to cut inflation, because if we cut inflation, prices across the board begin to fall. The poorest, who are the ones hurt most by inflation, will then begin to see their money going a little further, helping them with the cost of living. As well as cutting inflation, we have to get the economy growing and we need to continue on our path of fiscal prudence. That is why I have set out the Government’s responsibilities when it comes to the administration of VAT and its importance as a single revenue raiser towards the cost of the public services that we care so very much about.

The hon. Member for East Dunbartonshire asked about emergency workers. I will try to chase that one down. If I am completely honest, I was not at the urgent question, but I will get back to her on that issue. We take the point, of course, that people working in our emergency services are outside day in, day out. We absolutely accept that and we thank them for the services that they provide on behalf of us all. Whatever our disagreements in this Chamber, we can certainly agree on that.

In the fight against cancer, we are taking action to improve early diagnosis for all cancers. That is why the NHS long-term plan sets out the ambition for 75% of cancers to be diagnosed at stage 1 or 2 by 2028. A recent NHS campaign called Help Us Help You focuses on the barriers to earlier presentation across all cancer types and aims to address some of the underlying challenges to earlier diagnosis. That campaign ran during March and June of last year and in both months saw a 1,600% increase in the number of visits to the NHS website’s cancer symptoms landing page. In addition, the cancer programme has worked with the British Association of Dermatologists and NHS England’s out-patient recovery and transformation programme on a timed pathway for suspected skin cancers, as well as guidance on implementing teledermatology and community spot clinics. Both documents promote the use of technology and efficient pathways to prioritise and quickly diagnose suspected melanomas so that treatment can start as quickly as possible.

I conclude by thanking again the hon. Member for East Dunbartonshire for highlighting this important issue and by thanking hon. Members from across the House for their contributions and, in particular, for sharing their personal experiences. I know that we all continue to advise the public to buy sunscreen but also to follow the other guidelines presented by our NHS to help to tackle skin damage. There is a need to protect people’s health against the very real risks that have been presented in this Chamber today.

Oral Answers to Questions

Victoria Atkins Excerpts

Tuesday 7th February 2023 Commons Chamber

[Ellie Reeves (Lewisham West and Penge) (Lab)]

23. What recent steps he has taken to ensure fairness in the application of the tax system.

[The Financial Secretary to the Treasury (Victoria Atkins)]

With permission, Mr Speaker, I should like to answer this question with Question 25; I hope that is correct.

[Mr Speaker]

Question 23.

[Victoria Atkins]

There we go; what is going on with the Order Paper today?

It is right that everyone contributes to sustainable public finances in a fair way. The autumn statement tax reforms mean those with the broadest shoulders contribute the most by ensuring that energy companies pay their fair share, and by making the personal tax system fairer through changes to the income tax additional rate threshold and reforms to dividends and capital gains tax allowances.

[Catherine West]

Researchers from the London School of Economics and the University of Warwick have found that ending the UK’s antiquated non-dom rules could gain as much as £3 billion a year for the Exchequer. At a time when the Conservative party wishes to put up taxes on working people, will the Minister at least commit to publishing the Government’s own estimate of the cost of the non-dom policy, so that small businesses and big businesses can be on an even playing field?

[Victoria Atkins]

If I may correct the hon. Member, in fact, individuals on, for example, an average salary of £28,000 will pay £900 less income tax and national insurance in 2027-28 compared with the personal allowance and personal thresholds rising in line with inflation since 2010-11. These are concrete measures we have taken to ensure that the spread of tax burdens is borne by those with the broadest shoulders. On her point about non-doms, of course we keep all tax policies under review, but I again emphasise that our economy needs to be open to people around the world who come to the UK to do business. What is more, they pay UK taxes on their UK incomes, which last year was worth £7.9 billion.

[Ellie Reeves]

While UK households face the heaviest tax burden since the 1940s, the Tories refuse to scrap non-dom status or end tax breaks for private equity bosses and private schools. Labour would do that and use the money for more doctors, teachers and nurses. Does the Minister agree that, far from being the party of low taxes, the Conservatives are the party of unfair taxes?

[Victoria Atkins]

Again, I refer the hon. Lady to the autumn statement, in which we attempted to ensure that those with the highest wealth pay their fair share in taxes, including by increasing corporation tax for the most profitable 30% of companies. We have ensured that the small profits rate protects smaller businesses and those that are not the most profitable, so only about 10% will pay the full main rate; that remains the lowest in the G7.

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

I welcomed the new measures announced in the autumn statement to tackle tax avoidance. Will the Minister update the House on how those new measures are being implemented?

[Victoria Atkins]

Very much so. The hon. Member knows, I hope, that I used to prosecute tax fraudsters for a living, so this is a cause close to my heart. In the autumn statement, we announced even more investment in compliance teams to ensure that we are investigating, prosecuting or finding other remedies for those attempting to defraud the taxpayer, because these are crimes committed against the whole of society.

[Dr Caroline Johnson (Sleaford and North Hykeham) (Con)]

Constituents of mine face having their land and livelihoods taken from them by compulsory purchase order to build a reservoir. Compulsory purchase orders may sometimes be necessary, but does my hon. Friend agree that it is not morally right for the state to take the land and then tax as a capital gain the money given in compensation, leaving the landowner with the invidious choice of paying a hefty tax bill, or trying to find a way of rolling over that land money into an overinflated market?

[Victoria Atkins]

My hon. Friend has raised this with me before orals today and, if she writes to me, I will be happy to look into it further for her.

[Mr Speaker]

I call the shadow Minister.

[James Murray]

In October 2021, the right hon. Member for Richmond (Yorks) (Rishi Sunak), as Chancellor, welcomed the OECD global agreement on a global minimum corporation tax rate. The then Chancellor’s press release made it clear that

“The aim is for these historic rules to be implemented and effective from 2023.”

Yet now we hear rumours that some senior Conservatives are agitating against the deal being implemented, and we have all seen the Prime Minister’s weakness when facing resistance from his own party. Can the Minister confirm that pillar two of the OECD deal will be in place, as promised, by the end of this year?

[Victoria Atkins]

Yes.

[Ms Anum Qaisar (Airdrie and Shotts) (SNP)]

5. What assessment he has made with Cabinet colleagues of the potential impact of changes in the Government’s energy support schemes on the economy.

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[Gavin Newlands (Paisley and Renfrewshire North) (SNP)]

6. What recent discussions he has had with (a) Cabinet colleagues and (b) representatives of the motor industry on the level of value added tax for electric vehicle charging.

[The Financial Secretary to the Treasury (Victoria Atkins)]

The Government are committed to supporting the transition to net zero emission vehicles to help the United Kingdom to meet its net zero obligations. That includes committing £2.5 billion since 2020 to support that transition, to fund targeted vehicle incentives and to fund the roll-out of charging infrastructure.

[Gavin Newlands]

We know that Scotland has many more public electric vehicle chargers per head of population than England; according to the Department for Transport’s January figures, it has 23% more per head and 73% more rapid chargers per head than England. However, we also know that those of us, like myself, who can charge their cars at home pay 5% VAT as part of our domestic energy bill, while those unable to charge at home—those who live in flats and so on—have to pay 20% VAT on often already significantly more expensive chargers. If the Minister agrees that that acts as a disincentive to switching to EVs, will it be fixed in the upcoming Budget?

[Victoria Atkins]

I hope the hon. Gentleman reflects on the considerable advantages his constituents gain from being in the United Kingdom, because the Scottish Government receive 25% more funding per person than equivalent UK Government spending in other parts of the United Kingdom. On his challenge about the electric vehicle transition, introducing VAT relief for charging points in public places would impose additional pressures on the public finances, to which VAT makes a significant contribution. Indeed, it is expected to raise £157 billion in 2022-23, helping to fund the key public services we all care about. I welcome his support for the UK Government’s work to reach net zero targets, but I ask him, please, to work with the UK Government to help us to achieve this across the United Kingdom.

[Ruth Cadbury (Brentford and Isleworth) (Lab)]

7. If he will make an assessment of the potential impact of the loan charge on the mental health of people affected by the charge.

[The Financial Secretary to the Treasury (Victoria Atkins)]

The loan charge was independently reviewed in 2019 by Lord Morse, who considered its impact on individuals affected. The Government recognise the impact and have accepted 19 of the review’s 20 recommendations. His Majesty’s Revenue and Customs puts support for those affected at the core of its work in collecting the loan charge; that includes support from trained advisers in its extra support teams.

[Ruth Cadbury]

HMRC has acknowledged that there have now been 10 suicides connected to the loan charge. Can the Minister confirm whether loan schemes like those that the charge was set up to stop are still in operation? What are the Government doing to stop further such tragedies?

[Victoria Atkins]

On the point about the deaths that the hon. Lady understandably raises, we have made referrals to the Independent Office for Police Conduct in relation to those 10 events. The first referral was in March 2019. In the eight concluded investigations, no evidence has been found of misconduct by any HMRC officer, but we are very sensitive to the pressures that people are under, which is precisely why we have the extra support teams in place: teams of trained advisers who can, where appropriate, support taxpayers towards voluntary and community organisations that can help. Of course, people can also ask for help such as time to pay.

[Richard Fuller (North East Bedfordshire) (Con)]

Whatever the hopes were on the loan charge scheme’s introduction, the process has now gone on for a considerable time, raising questions about its efficacy and drawing HMRC into areas of moral hazard. Will my hon. Friend look at ways in which this HMRC scheme can be drawn to a conclusion?

[Victoria Atkins]

May I acknowledge my hon. Friend’s work as Economic Secretary and thank him for it? The difficulty is that a large sum of money is still outstanding from these disputes. We have had an independent review of the matter, through which we have been able to reduce the number of people affected, but the issue of outstanding tax remains. I encourage anyone affected by these historic issues to please talk to HMRC so that we can find a resolution for both sides.

[Chris Clarkson (Heywood and Middleton) (Con)]

8. What fiscal steps he is taking with Cabinet colleagues to support households with energy bills.

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[Priti Patel (Witham) (Con)]

T2. I noted the Financial Secretary’s earlier comments about the implementation of the OECD’s global minimum corporation tax, but can she or the Chancellor provide some kind of clarity over the plans for the dispute resolution mechanism under pillar two and, importantly, say something about the assurances that will be given to businesses that will be affected by it in the next financial year?

[The Financial Secretary to the Treasury (Victoria Atkins)]

I thank my right hon. Friend for her question. The pillar two rules mean that large companies—these are defined as businesses with revenues of €750 million or more—are subject to a top-up tax if the profits that they make are not subject to at least a 15% tax. The reason that the international community is coming together to draw up these rules is precisely to do with the new shape that all our economies are taking, with international businesses spreading out around the world. We are trying to find a way to ensure that those very profitable businesses pay their fair share of tax.

[Mr Speaker]

I call the shadow Chancellor of the Exchequer.

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[Liz Saville Roberts (Dwyfor Meirionnydd) (PC)]

The Public Accounts Committee has expressed concerns about the difficulties taxpayers face in getting timely responses and action from His Majesty’s Revenue and Customs. My constituent Kirsty Lloyd and her former employer Llion James have missed out on thousands of pounds-worth of statutory maternity pay support, which they feel is because of delays and poor communication with HMRC. Their case has now timed out. Would the Treasury consider extending the time during which a claim can remain active in cases where there is a dispute with HMRC?

[Victoria Atkins]

Would the right hon. Lady do me the very great honour of writing to me about it, so I can look into the detail for her?

[Robin Millar (Aberconwy) (Con)]

My hon. Friend the Member for Ynys Môn (Virginia Crosbie) has run a tenacious campaign for a freeport. Can my right hon. Friend confirm that the benefits of such a freeport would be felt across north Wales and comment on the benefits that students in my own constituency might feel when considering a future career in north Wales?

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[Mr Gregory Campbell (East Londonderry) (DUP)]

Interest in purchasing electric vehicles has escalated significantly and is expected to escalate further in the next 12 to 18 months. Will the Minister undertake to ensure that greater provision of public-facing EV charging points is rolled out right across the United Kingdom?

[Victoria Atkins]

I am pleased to be able to announce that, through the more than £2 billion of funding the Government have committed to electric vehicle transitioning, 30,000 public charging devices have been made available with the help of industry. Of course we will look to do even more over the coming years.

[Sir Julian Lewis (New Forest East) (Con)]

May I appeal to the Treasury team to do everything they can in the forthcoming Budget to prevent people on fixed-rate mortgages from facing financial disaster when the fixed-rate term comes to an end?