UNCORRECTED EVIDENCE
  
                        TUESDAY 18 JANUARY 2000
  
                               _________
  
                           Members present:
              Mr John Horam, in the Chair
              Mrs Helen Brinton
              Mr Neil Gerrard
              Mr Dominic Grieve
              Dr Brian Iddon
              Mr Jon Owen Jones
              Mr Tim Loughton
              Ms Christine Russell
              Mr Jonathan R Shaw
              Joan Walley
  
                               _________
  
                  MEMORANDUM SUBMITTED BY HM TREASURY
                       EXAMINATION OF WITNESSES
  
                 MR STEPHEN TIMMS, MP, Financial Secretary, HM Treasury, MR SIMON VIRLEY,
           Head of environmental tax team, HM Treasury, MR DAMIEN McBRIDE, Tax
           policy team, HM Treasury and MS HEATHER MASSIE, Excise policy group,
           HM Customs & Excise, examined.
  
                               Chairman
        290.     Good morning.  Thank you for coming here this morning.  We
  are delighted to see you.  We have decided to start five minutes early.  Thank
  you for your various memoranda and the letter dated 13 January, which dealt
  with the various questions on the Climate Change Levy that we are anxious to
  hear more about.  I would not encourage you, but if there is anything further
  that you want to add before the Committee questions you, please do so.
        (Mr Timms)  I shall say a few words, if I may.  First of all, thank you
  for the opportunity to appear before the Committee for the first time.  I am
  grateful for the Committee's work in pushing forward the environmental agenda
  in a number of ways.  I hope that the committee will agree that a number of
  its previous recommendations were reflected in the environmental tax measures
  that were announced in the Budget in March and in the Pre-Budget Report in
  November.  A lot of progress has been made since the statement of intent on
  environmental taxation in 1997.  The Committee described the last Budget as
  the "greenest" ever.  The recent Pre-Budget Report contains significant
  progress on environmental modernisation.  Responding in particular to this
  Committee's recommendations, there was, for the first time, a separate chapter
  in the Pre-Budget Report on environmental issues reiterating the importance
  that we attach to economic growth taking place in a way that ensures effective
  protection of the environment and prudent use of natural resources.  I would
  be very happy to answer any questions that the Committee may wish to put to
  me.  I shall introduce the officials who are with me.  On my right is Simon
  Virley, who heads the Treasury's environmental tax team.  Immediately on my
  left is Damien McBride from the tax policy team in the Treasury dealing with
  indirect taxes.  At the end of the table is Heather Massie who has
  responsibility for environmental issues at Customs & Excise.
        Chairman:   Thank you, Minister, for that brief statement.  We want to
  take it tax by tax.  To begin with, on one or two general points, I shall ask
  Joan Walley to start.
  
                              Joan Walley
        291.     Minister, I welcome how much you have done personally to take
  this agenda forward.  We were pleased to see that the Pre-Budget Report has
  a special chapter on environmental issues.  In the light the statement of
  intent back in July 1997 as regards the precautionary principle, we are a
  little bemused about the section in 6.4 on page 101 of the Pre-Budget Report. 
  You refer to the fact that environmental policies must be based on sound
  evidence.  Does that not conflict with the precautionary principle?  Should
  we not underpin everything with the precautionary principle?  Is there a
  conflict there?
        (Mr Timms)  I do not see a conflict.  I think we have been quite careful
  to research thoroughly all the measures that we shall discuss this morning. 
  There has been some research work commissioned at the outset, some
  consultation following the conclusion of that work and only then have we come
  forward with announcements.  I believe it is very important, particularly
  given the uncertainties in some of these areas, that we research thoroughly
  and prepare for the announcements that we make.  That is what we have done and
  that has been the right thing to do.  I do not see a conflict with the
  precautionary principle, and certainly no conflict with anything in the
  statement of intent.
        292.     You do not feel that the formulation such as the one that is
  in the Pre-Budget Report would have been at variance with the lessons of the
  BSE crisis or the lessons from asbestosis where you need a long incubation
  period to find out the long-term effects?  Why not spell out the precautionary
  principle?  Why not have it set out as clear as daylight?
        (Mr Timms)  If you look at the range of issues with which we are dealing,
  they are rather different in character from the examples that you have just
  given.  There is a substantial body of work on climate change, for example. 
  That is not to say that we know everything about what will happen in the
  future, but there is a good body of research to draw on.  The same is true in
  the case of the use of pesticides.  It has been possible, therefore, to
  proceed on the basis of careful research in each of these areas.  There may
  be areas where in future that will not be possible and I take your point. 
  However, where it is possible - it has been in these cases - we should proceed
  on the basis of research where we can, not least because if we were to get it
  wrong the consequences could be quite damaging and we want to avoid that if
  we can.
        293.     In terms of the water environment, there are a lot of
  questions to be asked.  Why not have the precautionary principle included? 
  Will you look at that further?
        (Mr Timms)  I am not sure what you mean.  I do not imagine that you are
  urging me to do things before we are reasonably confident at least about the
  implications of those measures.  For example, there was a good deal of concern
  about the proposals announced in the Budget on some aspects of the Climate
  Change Levy.  You and I discussed those.  I think it was important that we
  were careful, consulted thoroughly and carried out widespread research before
  moving on to the next step of the announcements that were made in November. 
  That is quite a good illustration of the importance of being careful and
  thorough in planning measures that we take in this area.  It sounds a little
  as though you may be encouraging me to rush ahead before we know what the
  implications are.
        Joan Walley:   I am not trying to do that.  I feel that there are
  questions raised by the way in which this is framed, not least in terms of how
  much research, for example, might have been done on any particular subject. 
  You might have one particular area where a lot of research has been done, such
  as Climate Change Levy and greenhouse warming, but you might have other issues
  where the same sort of research has not been done and it is a question of
  where the precautionary principle underpins all that follows.
  
                               Mr Jones
        294.     Welcome, Minister.  I do not envy you your role.  I have been
  there before.  On the Government's proposals on pesticides, in the
  representations that our Committee received from the RSPB and the NFU there
  was some dispute concerning the external environmental costs imposed by
  pesticide use.  What is the view of the Government on that?
        (Mr Timms)  I have seen different figures assigned to that as well.  I am
  aware that conflicting evidence has been presented to the Committee.  I think
  the ENTEC report put a figure of œ274 million on that.  Industry figures have
  been somewhat less.  The figures are different.  However, I believe that there
  is agreement on the fact that there is considerable potential in reducing the
  damage caused by pesticides while consistent with providing an adequate level
  of crop protection.  We have seen the different views that you have seen.  We
  have not taken the view about which is the more accurate, but we have
  proceeded on the basis that there is potential there for some beneficial
  change.
        295.     Given that you have looked at the evidence, as we have, and
  that you have seen that it is conflicting, why have not the Government
  commissioned their own study into such environmental costs?
        (Mr Timms)  We have commissioned a number of studies in that area, in
  particular the Department  of the Environment, Transport and the Regions
  commissioned the ECOTEC study that was published and consulted on during the
  course of last year.  That was a very valuable piece of work and it led to
  quite a wide-ranging discussion.  It has allowed us to take forward the
  process of deciding what needs to be done in that area.  It was a good piece
  of work.  It drew on a lot of previously carried out research which happened
  to be available in that area, and that was helpful.  It has been a valuable
  piece of work from our point of view.
        296.     Have you considered any work to compare the costs and
  benefits of the use of pesticides with the disbenefits?
        (Mr Timms)  There are a number of existing studies that address both
  those issues.  I believe that we have the research information that we need
  to make progress on this.  I do not think that there is a need to commission
  further work before we go forward, although that is not to say that we know
  everything possible that could be known.  I think we have the basis for making
  progress.
        297.     Have the Government considered the costs that the water
  industry bear in capital costs of plant and running costs of treating drinking
  water to remove pesticides?
        (Mr Timms)  Yes, we have had some data on that.  Certainly the water
  industry has figures.  Yes, we are aware of those figures.
        298.     The figures are considerable - hundreds of millions of
  pounds.  Would you agree that that is a considerable distortion of the market
  and in effect, a hidden subsidy, whereby water consumers are paying hundreds
  of millions of pounds for intensive agriculture?
        (Mr Timms)  There is a good deal of uncertainty in this area.  It is
  certainly the case that the water companies spend a lot of money cleaning
  water.  It is quite difficult to say that part of the spending is as a result
  of pesticides and the rest is the result of other things that have to be
  cleaned up.  It is not clear that if there were to be even no pesticides in
  the environment how much of the water companies' spend could be avoided.  In
  reality, of course, there will always be some pesticides, so I am not sure -
  I have not seen the data on this and the Committee may be aware of more data
  than I am - that we know quite what the relationship would be between a
  reduction in the use of pesticides and a commensurate reduction in the spend
  of water companies in cleaning water.
        299.     Do you see it as the responsibility of the Government to find
  out, given that we are talking about considerable sums of money?  There is at
  least an arguable hypothesis that organic farming, for example, is
  considerably disadvantaged by that very large subsidy that water consumers pay
  for products that they may not wish to buy.
        (Mr Timms)  There is an agreement about what we want to do which is to
  reduce the level of pesticide use commensurate with adequate crop protection. 
  We have the data that we need to make progress on that.  I am sure there are
  a number of other things that it would be interesting to know, but I would not
  want to hold up progress on that by commissioning additional research at this
  stage.
        300.     You do not believe that the Government's view that "the
  polluter pays" should apply to this industry?
        (Mr Timms)  No, I do believe that the "polluter pays" is the right
  principle.  That was one of the reasons for looking at a pesticide tax. 
  However, I am saying that I think we have enough research data currently in
  order to make some progress on this, while recognising that there are still
  some things that we do not know everything about yet.
        301.     Why does the Government's approach on aggregates differ so
  markedly from the Government's approach on pesticides?
        (Mr Timms)  I would not agree that it does.  In both cases we have
  commissioned research, we have carried out consultation, and we have developed
  proposals on the basis of the results.  One difference of which I am aware is
  that the research work that has been carried out in the case of aggregates was
  a good deal more costly.  It was a larger-scale study.  There were a number
  of reasons for that, one of which I have already mentioned, that there
  happened to be more existing work on pesticides than there was on aggregates. 
  The approach that we have taken, the careful step-by-step approach that I
  described at the outset, has been the same in both cases.  That is the
  approach that I would like to see applied for future issues of this kind as
  well.
  
                              Mrs Brinton
        302.     I want to take us back to the question raised earlier in
  relation to the RSPB evidence to us.  That organisation was quite firm about
  this.  It quoted two studies, saying that farmers could cost-effectively
  reduce pesticide use now and save between œ100 million and œ274 million a
  year.  They were not firm on the figure of œ274 million.  If the industry is
  in such a crisis, why do you feel that farmers are not actually making such
  cost-effective savings?  Why are they not taking advantage of that?
        (Mr Timms)  Certainly I am conscious of the pressure that farmers feel
  that they are under at the moment.  I think that there is widespread agreement
  about the potential for reducing costs here.  As you will no doubt know, we
  are looking at the possibility of taking action on pesticides forward with a
  partnership approach.  The sort of measures that would be examined within that
  package would be along those lines:  looking at ways of working with the
  industry and farmers to reduce the amount of pesticides used, perhaps using
  less environmentally damaging pesticides than have been used in the past and
  a variety of measures of that sort.  I believe you are right that everybody
  would benefit from that.  There would be savings in costs and there would be
  a reduced degree of pollution as well.
        303.     Concentrating more firmly on the NFU and BAA estimates of the
  impact of such a tax on farm incomes, some of us are being strongly lobbied
  by the NFU.  I believe that it is fair to say that some of us believe that the
  NFU/BAA estimates are, in fact, rather grossly exaggerated.  It seems that
  they have chosen to use worst-case scenarios all the time.  What would you say
  about that?  Do you think that they are deliberately slanting the argument
  and, in fact, avoiding a partnership approach? 
        (Mr Timms)  As I said earlier, there is a range of views here.  It is
  clear that the figures involved are substantial.  There is no dispute about
  that.  Everybody agrees that that is the case and that there is a case for
  action as a result.  The BAA has indicated that it is interested in a
  partnership approach to tackling the issue.  They are coming forward with
  proposals on that approach.  We shall look at those carefully and decide how
  to go on from there.  I would not say that BAA has been unhelpful.  It has
  sent in its proposals and we shall look at those very carefully.
        304.     I find that encouraging, particularly as government policy is
  to encourage farmers to be custodians of the countryside with significant
  environmental responsibilities and they do not want farmers to be on one side
  and environmental groups on the other.  Taking you on to the objectives of the
  pesticide tax, should those objectives be to influence distinctly the
  behaviour of farmers or to fund other measures to reduce usage, or as a sort
  of stick with which to encourage a voluntary change?
        (Mr Timms)  The objectives of the tax would be a reduction in the level
  of pesticide usage, consistent with adequate crop protection.  That is what
  we would look for.  Because of the banding approach to the tax that was
  proposed - I think that the proposal made in the ECOTEC report was widely
  supported - I believe that we could look to a move towards less harmful
  pesticides where pesticides are used.  The overall aim would be a reduction
  in the level of usage consistent with adequate crop protection.
        305.     Looking at the long-term as well as the medium and short-
  term, what sort of level of elasticity would you consider would be the
  absolute minimum for any such tax to be justified as a demand management tool?
        (Mr Timms)  The actual level of tax would be a matter for the Chancellor
  at the time of the Budget, as you know.  The research that we have seen
  suggests that a tax of around 30 per cent of the product price would reduce
  pesticide use by between eight per cent and 21 per cent.  That figure has been
  developed from research.  The question of the level would be a matter for the
  Chancellor to decide at the time of the Budget.
        306.     As always, you are not giving away any Treasury secrets.  In
  terms of such a pesticide tax, I think it is true of all environmental
  measures of taxation and that is why we get such worried and frightened
  letters from particular lobbies.  How much more work would you say would be
  required to develop detailed, clear, transparent tax proposals?  In your view,
  when is the earliest that such a pesticide tax could be introduced?  I know
  you cannot do it tomorrow.
        (Mr Timms)  No.  The earliest point for the announcement would be the
  Budget.
        307.     The coming Budget?
        (Mr Timms)  The coming Budget.  Before moving to a decision on that we
  shall need to consider proposals put forward by the BAA.
        308.     It is quite clear that the Government will be open and
  transparent about that and let people see the detailed work that has been
  going on.  Whenever you try to change the tax base, lots of worries appear
  unless people are taken on board.  All our witnesses have said to us that they
  feel that hypothecation of any tax to fund technology transfer and advice to
  farmers would be absolutely vital for its success.  Would you agree with that?
        (Mr Timms)  Do you mean hypothecation of an element of the pesticide tax?
        309.     Yes.
        (Mr Timms)  I would not necessarily agree, no.  If we accept that the aim
  is a reduction in pesticides use consistent with adequate crop protection, I
  do not believe that that necessarily implies that the portion of the revenue
  should be used in the particular way that you imply.  Clearly, that would be
  an issue that the Chancellor would need to take a view on in the run up to the
  Budget, but I would not regard it as an inevitable or unavoidable feature of
  a well-designed pesticide tax.
  
                              Mr Loughton
        310.     Minister, as to good working practice, you have used the
  mantra that you want to see a reduction in the level of pesticide usage
  consistent with adequate crop protection, although I am not sure what that
  means.  In practice, how will that be done?  Will there be dual charging of
  different sorts of pesticides?  You have also mentioned that less harmful
  pesticides should be encouraged.  What is a less harmful pesticide?  Is it one
  that is more dilute than a more harmful one?  In that case, will it be taxed
  less and then the farmer can use more of that less harmful one, which would
  produce the same result?  How will it work in practice?  
        (Mr Timms)  The proposals that we are starting with are those contained
  in the ECOTEC report.  A system of four bands was proposed there and the
  report proposed how those bands should be defined.  The suggestion was that
  there should be a variable level of tax added to the price of the pesticide,
  depending on which band the pesticide was in.  That was fairly
  straightforward.  That was a reasonably well-supported structure.  Of course,
  the idea of a tax has been quite hotly debated, but in terms of the best
  structure for making a tax work, I think the proposals in the ECOTEC report
  have been widely supported.
        311.     The key thing must be the effect.  At the moment it strikes
  us that pesticides are bad and will be taxed - a broad-brush approach.  There
  may be some variation as between some bands, as you say, but the Government
  seem to have done little work on the effect of them.  You have quoted that a
  tax of around 30 per cent as an average would reduce usage between eight and
  21 per cent.  That is an enormous band.  It strikes me that the Government
  have not done enough work on the effect.  We have heard witnesses from the NFU
  say that there may be stronger pesticides that can be used through the use of
  technology right up to satellite positioning, or whatever, concentrated on
  areas of weeds in a field, rather than just a broad-brush approach.  There are
  all sorts of technological advances that can be used, but what encouragement
  are you giving for those to be used if you just tax heavily the actual
  pesticide being used while being reluctant about any hypothecation towards
  better stewardship or farm management.  At the end of the day will this just
  produce money for the Exchequer?  What incentive will there be for the good
  farmer and the environmentally sensible farmer, who uses fewer pesticides or
  more effective pesticides which means having less of an impact on a wider area
  of land?  One final point, are you taking on board the fact that it is not
  just a question of using less pesticide?  If you use less pesticide the whole
  crop may, in some cases, become unviable.  You will not just have an 80 per
  cent yield or a 90 per cent yield;  unless you use a minimum amount of
  pesticide the whole crop may become unviable.
        (Mr Timms)  First of all, I have not proposed a 30 per cent rate for the
  tax.  I was simply referring to one research finding which was based on that
  figure.  It is not a figure that I have endorsed.  The structure proposed in
  the ECOTEC report, by having a different level of tax for pesticides,
  depending on their environmental impact, would have an encouraging effect of
  the kind that I think you are seeking.  The imposition of a tax at all would,
  as we have said, reduce the level of pesticide usage, which I think would be
  widely acknowledged as a good thing.  There may be other ways of achieving it
  and that is why we are looking at the partnership approach with the BAA, but
  nevertheless I believe that the tax would have the effect of reducing the
  level of use.  It is important that we acknowledge that there is a need for
  pesticides to be used.  That is why the statement that you referred to as my
  "mantra" includes the point about being consistent with adequate crop
  protection.  I entirely recognise that and it is an important point. 
  Pesticides have an important part to play in agriculture.  We can frame a tax,
  I believe, that would acknowledge that and be consistent with adequate crop
  protection but would nevertheless produce increased incentives for lower or
  cautious or sensitive use of pesticides.  That would be our aim.
  
                               Chairman
        312.     Going back to your mantra, the fact is that both the NFU and
  the BAA have said to the Committee that there is no scope for reduction in
  pesticide use.  I am surprised to hear you say that everyone is agreed.
        (Mr Timms)  The British Agriculture Chemicals Association, with the
  support and some involvement from the NFU, has been working up proposals for
  addressing the issue.  We asked for them by the end of last week and we
  received them by the end of last week.  However, I have not yet had the chance
  to study them.  The fact that those proposals have come forward, and indeed
  it has been confirmed in discussions that I have had with the BAA that it is
  their view as well, indicates that there is scope for some action in this
  area.  They would prefer that we did not go ahead with the tax.  We shall need
  to study the proposals that they have made and see whether they can make
  adequate progress in that area.  My impression from the discussion that I had
  with them was that they saw a good deal of scope on the voluntary front for
  reducing the environmental damage from pesticides.
        313.     If you have done the study, why do you not know what the
  scope is?  Why does the Government not have a view?  You said in answer to the
  original question that the Government have no view as to whether the RSPB was
  right or the NFU was right.  Why do you not know?
        (Mr Timms)  I think it is a reflection of the fact that there are a good
  deal of uncertainties in this area.  Equally, skilled and able researchers can
  reach different views.  However, it is important to acknowledge that the
  effects are significant and that there is, therefore, the basis for action to
  reduce them.  I think there is agreement about that, and that is why we have
  proceeded as we have done.
  
                               Dr Iddon
        314.     One of my last research projects was to develop biodegradable
  herbicides:  molecules that did the job on the weeds, dropped onto the soil
  and were converted by organisms in the soil into relatively non-toxic
  materials which certainly did not end up in the water courses.  That is the
  kind of research that is going on.
        (Mr Timms)    You probably have the edge on me on that point. 
        315.     It is research that is going on and in my view it is research
  that you ought to encourage.  I am pleased to hear you talk about the banding
  of a pesticide tax.  My view would be that biodegradable pesticides of all
  kinds, if it can be proved that they are biodegradable, should not be subject
  to the tax so that we encourage their development.  Unfortunately, if we apply
  this blunt instrument we may inhibit research of that kind.  Has anyone raised
  that subject with you so far?
        (Mr Timms)  The industry has, as you know, urged us not to introduce the
  tax at all.  I have not yet received from anybody in the industry any
  proposals along the lines that you have described.  Perhaps it would be
  helpful to ask Simon Virley to say a little more about how this banding system
  would work.  As you know, that was proposed in the ECOTEC report.  I think it
  has been a principle, at least, that has been quite widely accepted, although
  there is certainly scope for debate about the form that the bands should take.
        (Mr Virley) That is right.  As the Minister has indicated, the
  principle of the banding structure has been widely accepted.  A large number
  of representations on exactly where the band should fit have been made,
  allowing for the toxicity of different pesticides.  There have been some
  representations made about what form of pesticides might be exempt from that. 
  Obviously, that would be a matter for the Chancellor to decide upon on the
  scope of a tax if one were introduced.
  
                               Mr Jones
        316.     Minister, you spoke earlier about the Government's desire to
  have a partnership approach with the industry.  Would a partnership approach
  include representations from environmental organisations and agencies?
        (Mr Timms)  We would certainly want to take account of the views of
  environmental organisations in taking that forward, yes.
        317.     With respect, that is a somewhat obscure answer.  Perhaps I
  can ask the question again.  Would the partnership approach include
  representatives from environmental agencies?
        (Mr Timms)  I have not seen the proposals that the BAA has come forward
  with, so I do not know whether they are proposing a structure on which
  representatives from different institutions would come together.  If there is
  not, then I do not think that the suggestion that you are making would be one
  that would apply.  However, it is very important.  From time to time I meet
  with the representatives of environmental organisations.  We pay careful
  attention to their views on all these matters including the pesticide tax. 
  The RSPB has been particularly vociferous on this topic, although we meet with
  all the organisations.  Certainly I am anxious to take full account of the
  views of the RSPB and others in taking this matter forward.  Whether there
  would be a sort of institutional role, I do not know.  I think that would
  depend on what form the partnership took.  I apologise if you thought my
  remark was obscure.  It was not intended to be.  I wanted to make the point
  that I want to take full account of the view of those organisations.
        318.     What public accountability would there be if the Government
  decide to agree to some sort of voluntary industry scheme?
        (Mr Timms)  Again, you are pressing me on the details.  It is a little
  early to talk about how this will work out in detail.  As I have said, I have
  not studied the proposals that have been submitted, still less formed a view
  as to whether that is the right road to go down.  I believe that it would be
  important, perhaps particularly in the pesticide area, that there was a good
  deal of public reassurance around our proposals and that there would be some
  reassurance for the alarm that there has been on this front.  It is too early
  to say how that would work precisely.
        319.     I can understand your inability to go into any detail about
  it, but I am sure that you understand that if a voluntary approach were
  decided upon, there would be a number of interests out there that would need
  to be assuaged that this was not simply a sweetheart deal and that there were
  some clear targets and penalties involved in the scheme.  Do the Government
  have any views on those principles if not on the details?
        (Mr Timms)   I entirely accept and agree with the principle that a range
  of interests would need to be reassured.  That is something that we would want
  to take seriously.  What form that would take, whether there would be targets,
  and so on, it is really too early to say.  If the Committee would want, I
  would be very happy to come back to the Committee to talk further about
  whichever of the routes that we decide to go down.
        320.     If the Government were now to forgo any tax on pesticides,
  would it not have exempted from taxation a major aspect of influence on our
  environment and influence upon one of our perhaps most important resources,
  our drinking water?
        (Mr Timms)  It would clearly be a significant decision if we decided not
  to introduce pesticide taxation.  Can I ask you to repeat what you are
  suggesting we would have to give up?
        321.     If you gave up the principle of taxation on pesticides, given
  that we have accepted that there will be taxes on bad influences on the
  environment, it is fairly uncontentious to say that pesticides are a bad
  influence on the environment, and to forgo tax on pesticides would perhaps
  send a wider signal.
        (Mr Timms)  I do not think that it should, if that were the outcome.  We
  would make that decision because we were convinced that the partnership
  approach was to be a better way of addressing the problem.  I do not think
  that anyone should read into that, if that is the outcome, a wider decision
  about other issues that we may consider as well.  We need to take each of the
  decisions on their merits.  I believe that there are benefits from a voluntary
  partnership approach.  The effects would be rather different from the effects
  of a tax, and it would simply be a question of weighing up which would be the
  more appropriate, given what is available in this instance or any other where
  similar considerations arose.
        322.     What do the Government know about economic impacts that a tax
  may have on farmers?
        (Mr Timms)  There have been a number of pieces of work.  For example,
  MAFF has commissioned and carried out some work on the impact on farmers. 
  There is the ECOTEC study and I have also talked about the DETR commissioning
  a study in 1997 on the costs and benefits of pesticides.  There have been a
  number of studies on the subject.
        323.     What about the differential effects upon different sorts of
  farming?
        (Mr Timms)  Let me ask Simon to comment on that.
        (Mr Virley) Yes, the impact of a tax or charge on farming incomes has
  been covered in quite a lot of detail in the ECOTEC report in terms of
  different types of farming and in different regions of the UK.
        Chairman:   We now turn to the aggregates tax.
  
                              Mr Gerrard
        324.     I shall start with a couple of points that you have discussed
  in some detail in relation to pesticides.  You may want to say similar things. 
  Does the general principle of "the polluter pays" apply to aggregates?  On the
  cost, there is an estimate of œ380 million for environmental costs.  How
  confident are you of that figure?  We have had some suggestions that it is an
  under-estimate and does not really take account of the value of biodiversity,
  for instance.
        (Mr Timms)  On the first question, I believe that the principle applies
  here.  On your second question, it is inevitable that there is a variety of
  views.  It is quite hard to obtain precise figures for what we are measuring. 
  I do not think that it is surprising that there is some uncertainty about the
  figures.  However, the study that was commissioned on this and carried out by
  London Economics was an extremely thorough piece of work.  There were two
  rounds and an international panel of experts was consulted on the latter part
  of the work.  What we have is as impressive a body of work on this subject as
  one could hope to accumulate.  I believe that that gives a high degree of
  confidence about the conclusions and their appropriateness to the basis on
  which the Government make their decisions.
        325.     You are happy that the œ380 million is a reasonable figure?
        (Mr Timms)  I am happy that the conclusions of the study are as good as
  one could hope for in making decisions in this area.
        326.     I think that there is general agreement that if we are to
  reduce primary aggregate extraction, that will depend on greater recycling. 
  There was quite a bit of confusion in the evidence given to the Committee
  about the proportions of both construction and demolition waste and of
  secondary aggregates currently being recycled.  What is the view of the
  Government on that?  What data do the Government have on the levels of
  recycling?
        (Mr Timms)  We have received some data, some of which the Committee may
  have seen.  A study was undertaken by Arup in 1990 which suggested that
  construction and demolition waste of the order of about 11 million tonnes was
  at that time being recycled compared with the total figure of 24 million
  tonnes.  That was in 1990 and I gather that a survey is to be undertaken
  shortly to secure better data.  The existing target is that we should recycle
  40 million tonnes a year by 2001 and 55 million tonnes a year by 2006.  That
  includes both recycled and secondary materials.  On the basis of the estimates
  that are available it looks as though the 2001 target is more or less on
  target.  The further survey work to which I have referred will produce results
  later this year that will give us a better handle on this.
        327.     Do you have any more up to date figures specifically on the
  construction and demolition waste?
        (Mr Virley) Not at this stage, no.  The Department of the Environment,
  Transport and the Regions is commissioning further research.
        328.     Is that something on which we should concentrate?  Can we
  compare our performance with that of some other countries like the
  Netherlands, Belgium and Denmark where between 80 and 90 per cent core
  construction and demolition waste is recycled?  Our figure is down at 45 per
  cent according to the 1990 figure.
        (Mr Timms)  There is no doubt that there is scope for going further on
  this.  That is why the targets have been set.  Whether those are the right
  targets is a matter for the ministers in the DETR to comment on.  I would
  certainly agree that there is a good deal of scope here.  Clearly, one of the
  aims of the tax would be to increase the level of recycling.
        329.     Should we look at a specific target on the core waste rather
  than a target of 55 million tonnes that embraces everything?
        (Mr Timms)  I would be interested in the Committee's view on that.  We
  have tended to take the targets that have been developed by the DETR which has
  the expertise in the area.  I have no doubt that there is a case for further
  refinements on the work done so far.
        330.     When do you expect to be able to identify what scope there
  may be for recycling?  What may the barriers be to improving performance?
        (Mr Timms)  Clearly, the introduction of a tax would be an incentive to
  greater recycling.  That is the measure that we are looking at currently,
  rather than what is happening in the construction industry more widely which
  others may consider.  We are also, as you know, in discussions with the main
  industry association about an alternative voluntary approach.  We shall be
  looking at the details of that over the coming weeks.  Other than the tax
  measure, I cannot think of anything that we, in the Treasury, are doing
  specifically to increase the degree of recycling in this area.
  
                               Chairman
        331.     Is not the truth of the matter, Minister, that the Quarry
  Products Association say whatever sort of tax you have, whatever extent to
  which it is hypothecated, it will never address the efficiency, in
  environmental impact terms, of voluntary action, quite simply because quarries
  vary in their environmental impact from site to site and a tax, by definition,
  is a blunt instrument.
        (Mr Timms)  There is a good deal of truth in that.  Of course, the
  voluntary approach would have a more direct local environmental impact than
  a tax.  A tax would not be directed specifically at the local environmental
  impact, whereas voluntary agreements would be.  For that reason, and others,
  I think there are a number of attractions about a voluntary approach.  We said
  to the Quarry Products Association last year when it brought forward its
  proposals, that what they proposed would not have a large enough impact to
  persuade us not to go ahead with a tax.  We have asked them to come back with
  further proposals.  I know that they are in discussion with the DETR about
  those.  When those discussions are concluded, we shall take a view about which
  route to go down.  I certainly agree with you that there are a number of
  particular benefits to a voluntary approach in this area.
        332.     So what is the point of a tax?
        (Mr Timms)  A tax would be a very direct incentive for increasing
  recycling, the point that Mr Gerrard asked me about.  The tax would not be
  applied to recycled aggregates or secondary materials.  
        333.     So you would see the object of the tax as improving recycling
  rather than reducing demand directly?
        (Mr Timms)  I think both of those would be effects of a tax, but I
  suspect that increasing the use of recycled and secondary materials would be
  the larger of them, given that there is only limited scope for varying the
  amount of aggregates used or equivalents.
        334.     Given the importance of the voluntary and regulated measures
  that you have just acknowledged, are you going to have those anyway?  Whether
  or not you have a tax, will you have more regulatory or voluntary measures?
        (Mr Timms)  I think the current discussion about whether to proceed with
  a tax gives us an opportunity to enter into serious discussions with the
  industry.  It is a better opportunity, therefore, than we would normally have
  to talk about a voluntary arrangement.  In the normal course of events, there
  is not that much incentive for people to engage in discussions of this kind. 
  Currently, there is an incentive, and I want to see where those discussions
  take us.
        335.     Given that the Government are an important purchaser in this
  area, as it builds roads and so on, and therefore has an influence on demand,
  are there any ways in which the Government procurement machinery can improve
  practice in this area?  The Treasury has talked about procurement and we have
  a memorandum from you on it.
        (Mr Timms)  That may be something that the industry would want to discuss
  with us.  Those discussions are continuing.  It probably would not be
  appropriate for me to go into detail about what is happening in those
  discussions at this stage.  However, that may be an element in the discussions
  and we would consider that at that stage.
  
                              Mr Gerrard
        336.     I appreciate that while you are in the middle of discussions
  on the voluntary approach you may not be able to commit yourself, but what
  sort of criteria are the Government looking at?  In the last Budget there was
  a statement that a tax would be imposed if the industry did not come up with
  proposals that were proportionate to what a tax may yield.  What does that
  criterion mean?
        (Mr Timms)  We work closely with the DETR and I work closely with Nick
  Raynsford on this.  Our view jointly was that the package that was available
  last year did not have a large enough impact, although a good deal of work
  undoubtedly went into it and, as we have said and as the Chairman has pointed
  out, there are a number of benefits to a voluntary approach.  While those
  discussions are going on I would not want to go into too much detail about
  what we hope the outcome of them will be, but I believe we have made it clear
  that we would want the voluntary package to go significantly further than the
  previous proposals did if we were to reach the view that that would be a
  better way forward than the tax.
        337.     Have you any deadlines in mind for looking at the voluntary
  approach when you may have to say yes or no?
        (Mr Timms)  Clearly, the Budget is a deadline.  That is not to say that
  everything will necessarily be fully completed by that time, but I hope that
  the Chancellor will be able to make an announcement in the Budget which takes
  us a good deal further forward.
        338.     Are you concerned that if you introduce a tax, if
  negotiations on the voluntary agreement break down, that that would lead to
  some loss of goodwill in the industry and you may then have problems of people
  withdrawing from existing voluntary agreements or planning permissions that
  have been lying dormant for some years being exercised?
        (Mr Timms)  I hope that we would not get the second type of problem,
  where there are statutory agreements in place, or indeed voluntary agreements
  that have been negotiated with others.  I would hope that the outcome of this
  matter would not affect that.  How the industry would respond to its existing
  voluntary activities is a matter for it rather than for me.  I would have
  thought it would be in the interests of quarry operators to maintain good
  relationships with their local communities.  We have to make the decision on
  the environmental concerns raised and that is the basis on which we shall make
  that decision.  Having said that, I acknowledge, as I have already, that a lot
  of work has gone into this on the part of the industry.  It would be quite
  widely felt as unfortunate if that did not come to fruition.  I think we have
  to take a firm view that we need significant benefits from a package, if a
  package is the route down which we decide to go.
        339.     You indicated on the pesticide tax that you were not
  enthusiastic about the idea of hypothecation.  On aggregates, do you see some
  clear measures that could be introduced through hypothecating at least part
  of the revenues?
        (Mr Timms)  Our position on hypothecation is that we shall consider the
  merits of the case in each situation where the possibility arises.  What I
  would say to the Committee is rather what I said about pesticides, that I do
  not believe that hypothecation is an inevitable or unavoidable element of an
  aggregates tax.  On the other hand, there may be a case, if not for
  hypothecation in the strict sense, for some mechanism for applying revenues
  from the tax in a way that addresses environmental issues around quarries. 
  I think I want to leave that open at this stage and make the point that rather
  than saying I am enthusiastic or that I am not enthusiastic, the Chancellor
  would want to take the decision on a full assessment of the merits of the
  case.
        340.     Do you see any possible problems from increased recycling,
  that there may be adverse environmental impacts, say, from more transport of
  the materials?
        (Mr Timms)  The point has certainly been raised that recycling is not an
  environmentally neutral process.  I would take that point on board.  My guess
  would be that there is scope for increasing the use of recycled materials in
  a way that minimises environmental damage.  However, I would not want to give
  the Committee the impression that I believe that recycling has no
  environmental disbenefits because I acknowledge in the case that you have
  given that there are some.
  
                              Mr Loughton
        341.     How will a blunt aggregates tax incentivise the good primary
  quarrier, as primary aggregates will still be required, and how will it
  penalise bad practices?
        (Mr Timms)  The aggregates tax, as I have said, would have the effect of
  increasing the incentive for recycling because the tax would not be applied
  to recycled materials.  I think that you are raising the point that the
  Chairman has already raised and that I have accepted, that in terms of the
  local impact of a quarry in a particular area, there is a good deal more that
  may be achieved through voluntary agreements than through a tax.  That is the
  point that I would accept.
        342.     You would accept that if in the end you go ahead without
  these voluntary agreements, there would be no discrimination as to the type
  of business to which that tax is applied?  If all products coming from
  quarries are subject to a tax, and, therefore, the margins of the quarrier
  come under pressure, there will be an incentive for quarriers to cut corners
  and there will certainly be an incentive for quarriers not to provide, on a
  voluntary basis, the additional environmental benefits that they have provided
  in the past, for example, 700 SSSIs in this country.  A blunt tax will promote
  bad practice rather than good practice and you are not prepared to go into any
  banding of good or bad practice, or whatever, as you seemed to suggest you
  would on banding for pesticides impacts.
        (Mr Timms)  I would not accept those points.  A number of those points
  will depend on the design of the tax.  As yet, there are no decisions on that. 
  It is the case, as I have said, that there are a number of attractions to a
  voluntary approach, particularly in terms of local environmental impact. 
  Therefore, we shall look at the industry's proposals with great interest.  It
  is important that we make significant progress on this because there are
  substantial environmental costs associated with quarrying.
        343.     I agree that it would be better to have voluntary agreements,
  but you have stated that you are not happy that the industry has come up with
  good enough voluntary agreements and unless it improves its offer as you see
  it, you will forge ahead with a blunt tax that will have the implications that
  I have just mentioned.  However desirable it is not to go down that road you
  are prepared to go down that road.  If you go down that road are you saying
  that there will not be differential treatment of that tax towards different
  levels of environmentally friendly quarrying but simply that if there is
  quarrying then there will be a tax?
        (Mr Timms)  No.  I have not described how the tax would work or how it
  would be designed.  You are making a number of assumptions.  I say that those
  decisions have not yet been taken. 
        344.     So it is likely that if you do not get a voluntary agreement,
  you will want to refine the blunt tax by penalising the bad quarriers more
  than the best practice quarriers?
        (Mr Timms)  There will be a range of design matters to be determined in
  drawing up the details of the tax.  Today I am not in a position to talk in
  detail about what those will be, but clearly there will be a number of them
  to be resolved.
        345.     That is a bit vague, is it not, when you have looked at this
  for the last two years?  Given the basis of the environmental impact on which
  you want to clamp down, will open-cast coal mining be included in such a tax?
        (Mr Timms)  We are talking about quarrying for aggregates and that is
  what would be covered by the tax.  I do not think that the Committee would
  expect me to go into great detail about matters, such as deciding to adopt a
  tax, that the Chancellor would announce at the time of his Budget.
        346.     I do not think that we are expecting you to go into specific
  details.  The point of having a Pre-Budget Report is to identify some
  principles.  At the moment we do not have the principles of what the tax is
  supposed to achieve and who it will affect.  I know that open-cast coal mining
  is not covered by aggregates, but would you not agree that it would open an
  enormous anomaly whereby quarriers producing environmental goods at the same
  time will get clobbered unless we come up with voluntary agreements?  Open-
  cast coal mining is one of the biggest defacers of the countryside and yet it
  is escaping scot-free in order to produce coal that goes to coal-fired power
  stations, one of the biggest producers of CO2 gases and one of the biggest
  problems in the Kyoto agreement targets.  Would you not agree - without giving
  away any secrets - that it would open an enormous anomaly if that were in the
  Chancellor's Budget?
        (Mr Timms)  I think it is important that we are clear about what the
  purpose of this tax is, and it is to encourage recycling.  As I have said and
  as I think I have made clear, for mineral extraction, coal and so on there is
  not an alternative that one would go for here, so that the situation is very
  different, I think, from the one which applies to aggregates.
        347.     Are there not ways in which you can encourage recycling
  without discouraging primary quarrying?  You can have tax relief for those
  people who are producing recycled goods, bearing in mind that with recycling
  a finite amount of aggregates is going to be produced by that, unless the
  Government is also going to incentivise widescale demolition of buildings up
  and down the country, because that is where aggregates come from - it is from
  knocking down existing buildings largely.  Also I have one last point to latch
  onto another anomaly.  Is the Government happy that as the proposals stand at
  the moment, building materials made from aggregates which are imported from
  other countries, which may be doing vast amounts of environmental damage to
  those countries, making big holes in the ground without any regard to the
  environment, would be exempt from this tax?
        (Mr Timms)  On your first point, the Committee has urged upon me -
  rightly, in my view - the "polluter pays" principle.  That is the principle
  which underpins the approach which we are taking, and I would have thought
  that that is an approach which the Committee would welcome.
        348.     Is that it?
        (Mr Timms)  Was there a further point on which you wanted me to respond?
        Mr Loughton:   There are several.
  
                               Chairman
        349.     We shall take your silence as acceptance.  I think we ought
  to turn to the Climate Change Levy.  I think we have gone through the
  aggregates tax fairly substantially, so perhaps we can turn to that very
  different tax.  Could I ask you, Minister, whether you agree that much of the
  complexity of the Climate Change Levy stems from implementing it as a
  downstream energy tax in order to exempt the domestic sector?
        (Mr Timms)  It certainly is the case that the Government has been clear
  that we have no plans to raise energy taxes on the domestic sector for social
  policy reasons.  We have arranged other measures like the home energy
  efficiency scheme which has been expanded to improve energy efficiency in the
  domestic sector.  So that has been a decision which has been built into the
  design of the levy from the outset.  We have been absolutely frank about that,
  and I think it is right that we have been.
        350.     Is that a permanent feature?
        (Mr Timms)  Clearly it is an integral feature of the levy which has been
  proposed.  That is not to say that at some point in the future there might be
  some change in the way these matters are addressed, and we shall clearly keep
  that under review, but the design of the levy certainly has that as an
  integral feature and one which I would expect to endure for a good period of
  time.
        351.     Did the Government give any serious consideration to
  implementing the tax as an upstream carbon tax with accompanying measures to
  balance any effect it might have on those households which might be considered
  to be "fuel poor"?
        (Mr Timms)  We certainly did look at the possibility of using carbon
  rather than energy as a basis for the tax, but the current electricity pool
  arrangements mean that it is only possible to determine the carbon content of
  electricity as a broad package.  As I say, the Government will keep under
  review the basis for setting the rates of the levy, particularly in the light
  of developments in the electricity trading arrangements, and in a few years'
  time that might look rather different from today.  It has been an important
  principle in the design of the levy that we do not plan to raise energy taxes
  on the domestic sector.
        352.     What I was asking you is whether you did actually consider
  that properly and fully in reaching your broad decision in principle to go for
  a domestic energy tax as opposed to an upstream carbon tax?
        (Mr Timms)  Yes, I think all the issues about the principle of how this
  might be tackled were considered in the early stages of the design, but this
  point about domestic energy is an important one for the Government.  There is,
  as you know, a major manifesto commitment about VAT on domestic fuel, so that
  consideration has been built into the design of the levy from quite an early
  stage in the process.
        353.     Why did you not formally consult on this?  You say you did
  some work on this.  Or did you just take it as a matter of manifesto
  commitment and therefore you could not tax a domestic user, therefore you
  ruled it out almost in principle from stage one?
        (Mr Timms)  We do attach a high degree of importance to social policy
  considerations.
        354.     Are you therefore saying you did not really consider this as
  an alternative?
        (Mr Timms)  No, I would not say it was not considered.  Perhaps I can ask
  Simon, who was involved in the early stages of this, to comment further on
  this point.  It certainly has been built into the design from an early stage
  that because of the social policy considerations we did not want to increase
  it to introduce a new burden on domestic energy.  Simon, perhaps you can say
  a little bit more about the process and what happened at the early stage.
        (Mr Virley) Clearly the very early stage was the July 1997
  announcement on fuel and its effects on the environment.  At that stage the
  issue would have been considered, and the Government made very clear that it
  did not want to introduce new taxes on domestic fuel and power by that stage,
  so that was, in a sense, the key consideration in looking at the options.
        355.     So the fact that there was a manifesto commitment, which is
  very clear, effectively ruled out any consideration of the other options?
        (Mr Virley) It limited the consideration of other options, yes.
        356.     Thank you.  Why are you taxing electricity which comes from
  nuclear sources, when obviously nuclear-power electricity must be an important
  part of your efforts to reach the Kyoto targets?  For example, I do not know
  whether you saw a letter in The Times recently from Ian Fells, Professor of
  Energy Conservation at the University of Newcastle, who pointed out that "By
  taxing nuclear electricity it may accelerate the closure of some of the older
  nuclear power stations and increase carbon emissions to the tune of four
  million tonnes a year by 2012 or earlier.  This is just about the saving the
  Government expects to achieve by introducing the climate change levy."  He
  goes on to say, "As the Red Queen remarked to Alice, 'here, you see, it takes
  all the running you can do, to keep in the same place.'"
        (Mr Timms)  Yes, I am aware of some of those sentiments.  There is a
  single rate of levy being applied to electricity, and of course you cannot
  normally determine what the origin of electricity was, so a single rate is
  applied.  We have, as you know, announced in the Pre-Budget Report in November
  exemptions for new renewable energy sources and good-quality combined heat and
  power, but the great virtue of that arrangement will be encouraging people to
  do new things.  I would be wary of introducing too much deadweight cost into
  levy exemptions, even if it were possible (which, for the reasons I have said,
  I do not think it is).  So there is absolutely no discrimination against
  electricity generated from nuclear sources; the same rate will be applied
  across the board.
        357.     None the less, the practical consequence of operating the tax
  in the way you have implied is that nuclear power, which is a very important
  part of the clean fuel coming into this country, will be taxed, therefore it
  will have an adverse effect possibly on, as you said and as Professor Fells
  says, maybe four million tonnes a year by 2012.  That is a big effect, is it
  not?
        (Mr Timms)  Yes.  I do not accept the points which are made in that
  letter.  Obviously I do accept that electricity from nuclear sources will be
  taxed, as it will from all the other sources, and I think it is the right
  approach that the same rate is applied across the board.
        358.     Yes, but we are trying to get down carbon emissions.  Nuclear
  power is carbon free, and you are taxing it.  It seems perverse.
        (Mr Timms)  I think there are a number of assumptions which are being
  promoted by the nuclear generators about the effects on their business of this
  change.  There is a good deal of scope for debate about those and the point
  which you made, I think, relating to changes a considerable period into the
  future.  I think the right approach is to treat all existing sources of
  electricity in the same way.
        359.     As you say, you have, with second thoughts, exempted combined
  heat and power and renewables from the tax, but you have not exempted LPG. 
  LPG will have a tax placed on it which is directly competitive to CHP which
  does not have such a tax and indeed is zero rated.  Is this another example
  of the contradiction produced by your decision to go for an energy tax rather
  than a carbon tax?
        (Mr Timms)  This is a matter which has been raised with us.  I have met
  the Managing Director of Calor Gas to talk about his concerns.  In fact, he
  has recently written to me noting that he is happy that we are now fully aware
  of the concerns which have been expressed by the LPG industry.  We are
  considering those and we are deciding what is the best way to go forward on
  this.
        360.     So you are reconsidering that position?
        (Mr Timms)  We are looking at it, yes.
        361.     Also there is a problem in Northern Ireland, I think, in that
  regard?
        (Mr Timms)  Yes, there have been a number of concerns expressed from
  Northern Ireland.  I met Reg Empey, the Economic Development Minister from
  Northern Ireland, a few weeks ago.  Again, we are looking at the issues which
  he has raised with us.
        362.     Given that this whole thing has been designed to meet our
  Kyoto targets and to reduce carbon emissions, as you agree, why did you
  introduce the Climate Change Levy before the Climate Change Programme had been
  finalised?  It seems to be putting the cart before the horse.
        (Mr Timms)  I would not accept that.  I have no doubt at all that the
  Climate Change Levy is the right thing to do, it will be an important part of
  our Climate Change Programme.  I do not see that one should wait with the levy
  until the document is produced.  I think the right thing to do has been to get
  on with it and make some progress, on the basis, I must say, of an exemplary
  process of publication of proposals, of discussion, of consultation and then
  finalising the conclusions with, as I have said, some details still to be
  addressed.
        363.     If you had had the Climate Change Programme finalised, you
  would know the framework within which the Climate Change Levy should be set
  and what targets would have to be achieved.
        (Mr Timms)  All the work on this has been done very closely in co-
  operation with the Department of the Environment, Transport and the Regions,
  so I think there has been good information available to us about the thinking
  across Government about the programme.
        364.     None the less, an 18-month or nearly two-year period has
  elapsed between the announcement of the principle of the Climate Change Levy
  and the Climate Change Programme which has not yet appeared in its final form. 
  It does seem a long gap if one is informing the other, as it were.
        (Mr Timms)  That is because there has been a lot of consultation and a
  lot of discussion.  I would have thought that the Committee would agree that
  it is important to give adequate consideration to the quite complex issues
  which we face here.  I think you would probably agree, and I would certainly
  feel, that it would have been a mistake to wait until the document was
  published and only then to begin the negotiating period, if that is what you
  are suggesting.  The important thing is to make progress, as we have done. 
  I think we have done it in a fairly effective way, and the process has worked
  extremely well.
        365.     The Marshall report which all this springs from did paint a
  picture, as I am sure you are well aware, of relatively low and falling energy
  prices, so that will have an effect of encouraging the use of energy and
  therefore of carbon emissions, whereas you are trying to discourage them by
  this new tax.  Again, there is a conflict here between what is happening on
  the one hand through the regulator and what is happening on the other hand
  through the Government, which could indeed cancel each other out so that once
  again we shall make no progress.
        (Mr Timms)  I do not see a conflict on this.  You are right, different
  things are happening, but the changes which we are making and the introduction
  of the Climate Change Levy will undoubtedly have an impact in reducing
  emissions.  Indeed, the memorandum which I have supplied to the Committee puts
  some figures on that.  I think it would be widely agreed that the scale of the
  impact of the Climate Change Levy is going to be an important contribution to
  our achieving our Kyoto targets.
        366.     Would it not be sensible to accompany this by some firm
  indications to the regulator that he must take into account issues such as
  carbon emissions, otherwise your entire policy could be negatived by what he
  does?
        (Mr Timms)  No, I think I would rather put it the other way around.  We
  need to ensure, as we are doing through the Climate Change Levy, that we have
  measures in place to provide a good level of assurance that we are going to
  meet the Kyoto targets, given what is going on in the electricity market some
  of which is influenced by Government, though a lot of it is not.  That is the
  approach which we have taken, taking steps to ensure that we do meet our Kyoto
  targets, and we are looking forward quite soon, I think, to some new DTI
  figures about the prospects on that one which I am hopeful will show that we
  are going to be able to meet the Kyoto objectives.
        Chairman:   Thank you.
  
                              Joan Walley
        367.     Minister, in terms of the actual accuracy of the carbon
  savings forecasts which we have from the Treasury, are you satisfied that the
  information which is being presented is accurate?  It seems to us that there
  is some variation between what was actually set out in the 1999 Budget Report
  when I think there was talk of 1.5 million tonnes of carbon a year by 2010
  being saved, and then the Pre-Budget Report which talks about two million
  tonnes of carbon being saved, plus perhaps as much as another two million
  tonnes which could come about as a result of the agreements.  Could you
  explain how it has virtually trebled from the one report to the next?  Could
  you explain that for us, please?
        (Mr Timms)  Yes, I am very happy to do so.  I can reassure the Committee
  that there is consistency between the way that those two sets of figures have
  been derived.  I would make the point - and I think you are absolutely right -
  that there is inevitably some uncertainty about these figures, therefore we
  have taken a fairly conservative approach and have adopted conservative
  figures about the impact of the levy, but we have done so in a way which is
  entirely consistent between the figures which were produced at the time of the
  Budget and the figures which were produced at the time of the Pre-Budget
  Report.  If I can draw your attention to the table following paragraph 25 of
  the memorandum which we have provided for the Committee, I think I can use
  that to explain how these figures have changed.  The first line of the table
  puts a figure of 1 million tonnes on the price effect of the levy as currently
  proposed.  The 1.5 million tonnes figure which was announced in the Budget
  earlier last year was the figure for the price effect of the levy as then
  proposed, at a rather higher level than we currently propose it.  So there has
  been a change from 1.5 to one in terms of the price effect.  However, because
  of the exemptions which the Chancellor announced in the Pre-Budget Report, the
  two exemptions both give significant additions, in terms of carbon savings,
  of about half a  million tonnes in each case, so the net effect is that we
  have gone up from 1.5 to two.  In addition to that, because we are quite close
  now to concluding negotiated agreements with a range of sectors, we think we
  can put a figure on the amount of carbon savings which are likely to be
  generated as a result of the agreements, and we believe again that we can
  confidently put a figure of an additional two million tonnes coming as a
  result of those agreements.  So adding it all up, we can now talk in terms of
  four million as opposed to the 1.5 million which was quoted in the Budget. 
  I hope the way I have explained it shows that that does not mean to say that
  we are saying the levy is three times more effective, but we are able to take
  in particular the negotiated remits into account now in the figures which we
  are putting forward and which were announced by the Chancellor in the Pre-
  Budget Report.
        368.     I am very grateful to you for explaining that.  I wish,
  though, that that had been included in the documents, because I think one of
  the important things with this, I am sure you would agree, is that we should
  have transparency.  If we are really going to have a grown-up debate about
  this very difficult issue of climate change and global warming, is it not
  important that there should be this transparency, so that that can actually
  be included in the information coming out from the Treasury?  Would you agree
  with that?
        (Mr Timms)  I would agree with that, and I am grateful to the Committee
  for probing this particular subject and therefore giving me the opportunity
  to put that information on the record.
        369.     Could I just move on slightly, because I still have a bit of
  difficulty - I was not very good at maths - with the overall net figure which
  you have referred to, because you said that the overall net effect of this
  would be that we could have four million tonnes of savings.  However, if you
  look at other figures which have been included at various stages, particularly
  the 10 per cent target on renewables and the potential savings which we might
  have, it looks to us as though we could be in a much more generous amount of
  savings than you have given us, and that in fact it could be much greater. 
  Do you think that that target of a net gain of four million tonnes is
  challenging enough?  Could we not actually be going for more?
        (Mr Timms)  I think four million tonnes will be a significant
  contribution to meeting the Kyoto targets.  As you know, we have been anxious
  to implement the levy in a way which does not undermine the competitiveness
  of UK companies.  That has been an important feature of the design process,
  and I think we have been able to do that in quite an effective way.  However,
  I would not agree that four million is too modest a contribution.  As we shall
  see, I guess, when the DTI figures are published, I think we shall see that
  four million tonnes is a very worthwhile contribution to our being able to
  meet those targets.
        370.     Can I say that I would not want to undermine in any way what
  you have done to bring together the business of competitiveness and the
  environmental safeguards which we need, and I do congratulate you on that, but
  I wonder whether or not there is not further progress to be made by actually
  setting the Treasury estimates and forecasts alongside what is quoted in the
  Climate Change Programme Consultation Paper?  I wonder whether or not there
  could be more fruitful talks with the DTI, particularly in respect of
  renewables and so on, CHP and the negotiated agreements, to get a more
  challenging target than that put forward?  I would like to see it bigger.
        (Mr Timms)  I think we have done all that we can at this stage in the
  levy on renewables and good-quality combined heat and power, because we are
  exempting them altogether.
        371.     Could I ask you what you mean by "good-quality combined heat
  and power"?
        (Mr Timms)  You certainly can, yes.  The Customs and Excise has published
  a note setting out what we mean by that.  Perhaps I can ask Heather, if you
  would like a little bit more detail, to set out how we are approaching that.
        (Ms Massie) Thank you.  We have been working very closely with the
  Department of the Environment, Transport and the Regions on this, and they
  have been working for some time on a good-quality index for combined heat and
  power.  They are, I believe, shortly to issue a consultation document on how
  the quality index might be used.  It is our intention to link the exemption
  to the quality index, so we will be relying on the same definition which the
  DTI will be consulting on.
  
                               Mr Grieve
        372.     What is the quality index going to consist of, Ms Massie? 
  Can you be a bit more specific?
        (Ms Massie) My understanding - I am afraid it is very technical, and
  I am not a technical expert, I am a tax expert - is that it looks at the
  relationship between inputs and balancing outputs of heat and of electricity,
  so that the idea of a good-quality CHP is generally one which is more
  efficient than stand-alone means of producing the heat and electricity, but
  there has to be a balance, because clearly if you produce heat then you may
  not be as efficient as a power-only generator.
        (Mr Timms)  It is perhaps worth adding, I think, that there have been
  important technological developments in this area, the technology is
  improving, and some of the new technologies are very effective indeed in this.
  
                              Joan Walley
        373.     It might be helpful if the Committee could perhaps have a
  note on this, as soon as it is possible to produce one.
        (Mr Timms)  We shall certainly be happy to do that.
  
                               Mr Jones
        374.     I want to take you back, Minister, to an answer which you
  gave to the Chairman in defence of the decision to go ahead and tax all
  electrical production equally.  You said that you believe this was the right
  response.  Can I press you on what you mean by "right", given that the
  objective is to meet the Kyoto targets and the reason for Kyoto is to
  alleviate the problem of climate change?  We know what causes climate change,
  although we do not know what the extent will be.  We even know fairly
  accurately the contribution of various gases.  What do you mean by "right" in
  taxing various forms of electrical generation which do not produce any of
  these gases, in the same way as you tax ones which do?
        (Mr Timms)  For ordinary use of electricity you do not know what the
  origin of that electricity is, so the practical way forward is to apply the
  same rate of levy, irrespective of the source of the power.  However, we have
  been able to introduce the exemption we have just been talking about for
  combined heat and power, and also there is an exemption for new renewable
  sources of energy, but what we are focusing on with those exemptions is
  encouraging people to do new things which are less environmentally damaging
  than the old things.  What we do not want to do is have a very large
  deadweight cost which is simply going effectively as a subsidy from the
  Government to people who are already doing things.
        375.     I fail to understand the logic of that.  If you wish to
  reduce the total amount of carbon dioxide, what difference does it make
  whether these are people who have been doing good things for some time or they
  are about to do good things, if that is the objective?  Would it not be more
  credible if the Government said, "We wish to reach our Kyoto targets subject
  to our desire to maintain what we've got left of the coal industry, or
  progressively other people's coal industry as we get more imports"?
        (Mr Timms)  I think that on the first part of your question, the point I
  was wanting to make was that I do not believe the imposition of the Climate
  Change Levy is going to make a great deal of difference in a short period to
  the extent of nuclear generation, for example.  What we want to use the
  exemption process in the Climate Change Levy to do is to incentivise people
  to do things differently from what they would otherwise have done, in a way
  which is environmentally beneficial.  That is why we have given the exemption
  for new renewable sources of energy.  I think we have been pretty clear about
  what the aims of the levy are and what the starting points for it have been,
  and I would certainly defend them before the Committee.
        Mr Jones:   I was not attacking the aims of the scheme, just the way it
  was being implemented.  Thank you, Minister.
  
                               Dr Iddon
        376.     Minister, I want to turn now to the energy-intensive sectors
  and ask you first of all why the Government has been so committed to the IPPC
  Directive as a source of definition for "energy-intensive" industry"?
        (Mr Timms)  It does have a number of advantages.  First of all, it has a
  very clear rationale because the sites which are covered by the Directive are
  required to operate in an energy-efficient manner, with inspections, and non-
  IPPC sites do not have those requirements placed upon them.  In addition, the
  Directive does provide legal certainty from the point of view of determining
  which sectors are eligible or are not eligible to enter into negotiated
  agreements.  Both of those, I think, are important considerations.  I do want
  to make the point to the Committee that we remain willing to consider
  suggestions for alternative definitions which would target the relief on
  energy-intensive sectors exposed to international competition, but if we were
  to accept any alternative, there are four requirements which we have said
  would need to apply to that.  Firstly, there would need to be a clear
  rationale for what that alternative was.  Secondly, it would have to provide
  legal certainty, as I have said IPPC does.  Thirdly, it would have to be
  administratively straightforward.  Fourthly, it would have to be consistent
  with the EU rules on State aids.  If there were proposals brought forward
  which met those four considerations, then we would be willing to have a look
  at those.
        377.     That leads me to the question, did the Government consider
  other alternatives rather than, as you have just said, go out and seek
  alternatives?
        (Mr Timms)  Yes, we did.  I think I am going to answer that question in
  a way that I have answered one or two of the earlier ones.  We did a very
  thorough exercise in looking at all the possibilities when the design of the
  levy was being drawn up, but, for the reasons which I have given, we concluded
  that there was a very strong rationale for the IPPC basis which we adopted,
  while recognising that there may be a case in some instances for looking at
  an alternative; but we need to be very clear about what the requirements for
  any such alternatives would be.
        378.     How are the other European countries which are heading in
  this direction of CCL handling this question of energy-intensive industries? 
  What kind of definitions are they using?
        (Mr Timms)  My understanding - and I shall ask Simon to comment on this -
  is that there is quite a wide variety of approaches being taken on that point
  and on a number of other features of the way these taxes are being introduced. 
  It is important to make the point that a lot of countries are going to need
  to be introducing measures of this sort.  There are something like eight EU
  countries going down this road.  It is certainly not just the United Kingdom. 
  People have sometimes made comments suggesting that we were exceptional in
  this regard, but we are not.  I shall ask Simon to comment on the approaches
  which are being taken to energy-intensive industries elsewhere.
        (Mr Virley) As the Financial Secretary indicated, it has been
  different treatments in different countries, and that has reflected the
  particular circumstances which each country has faced.  Some countries have
  gone for just a broad sector definition and have just determined which sectors
  are eligible and which are not.  It is true to say that the EU State aids
  rules put some limitations as to how far you can extend the eligibility in
  terms of being focused on those sectors which are energy intensive and exposed
  to international competition.  As the Minister has indicated, we think the
  IPPC Directive provides a good rationale for them for that.
        379.     We have been very edgy, of course, about competitiveness all
  the way through this discussion.  It has just been mentioned that almost each
  European country which has got into this debate is adopting a different
  approach.  The Chairman referred earlier to some dealing with the carbon tax. 
  We are dealing with it differently.  There are so many differences across the
  European Union that it begs the question why did the European Union not get
  to grips with this as a whole, I suppose rather than allow each individual
  country to thrash about in this way?
        (Mr Timms)  There already is, of course, the Energy Products Directive
  which is an EU proposal.  If that is adopted, it will set minimum future rates
  on a range of energy products.  The history of that Directive I think provides
  the answer to your question.  It has been extremely difficult to get agreement
  on it across the EU, and I think that realistically if we are to make progress
  in meeting the Kyoto targets in the timetable which has been set, the only
  practical way to do that is for each country to make its own arrangements,
  rather than wait for what is bound to be an extremely long process for some
  common EU process to be adopted.
        380.     By adopting the IPPC definition, we have, of course, created
  some anomalies.  Major energy-dependent sectors and employers such as the
  water industries, industrial gases and the china clay industry may be
  completely or partially non-eligible.  How are you dealing with those
  anomalies?
        (Mr Timms)  It is the case, as I said a few moments ago, that industry
  sectors outside the scope of IPPC do not have the IPPC regime, they do not
  have to carry the IPPC regime, so in that sense they are being more lightly
  dealt with under the Directive than the sectors which are within the scope of
  the IPPC.  It is the case as well that a number of sectors, perhaps in the
  category that you are describing, will benefit from the exemption for combined
  heat and power; they will also benefit, of course, from the reduction in the
  overall quantity of the levy compared with where they would have been if we
  had gone ahead with the proposal which was announced in the Budget.  However,
  as I have said, if there are proposals to extend a measure of special
  treatment for energy-intensive sectors subject to international competition,
  which are outside the scope of IPPC, then if they meet the criteria which I
  have listed, we will look at those.
        381.     The IPPC Directive applies to firms above a certain size. 
  There are a number of small firms - for example, in glass making - who are
  highly competitive with much larger firms.  That seems also to be an anomaly
  created by operating the IPPC Directive.
        (Mr Timms)  I think we have resolved that, because we have said that
  firms which would be covered by the IPPC or sites which would be covered by
  the IPPC but are not, simply by virtue of being too small, are eligible for
  participation in the negotiating agreements.  So I think that one has been
  resolved.
        382.     Have you made any calculations, Minister, as to how much
  extra energy savings or carbon dioxide reductions will be delivered by the CCL
  by 2010 as against simply operating the IPPC Directive?
        (Mr Timms)  I guess the answer is four million tonnes, is it not - the
  figure which I have referred to earlier.  Perhaps Simon can deal with this.
        (Mr Virley) Yes, the four million tonnes figure is broken down, as we
  indicated earlier, into the levy itself saving at least two million and the
  negotiated agreements saving a similar amount, and the last figure is
  calculated by comparing what we expect emissions to be under a "business as
  usual" scenario with what the latest agreements or the state of play in the
  agreements suggest they might be able to achieve with the agreements in place.
        383.     Finally, witnesses who have been before us have suggested
  that the Environmental Agency has not been fully involved throughout this
  process and has been carrying on implementing the IPPC Directive on a side-by-
  side basis, irrespective of what is going on regarding CCL.  Has there been
  any discussion with the Environmental Agency?  If so, in what direction has
  that taken you?
        (Mr Timms)  My understanding is that there has been a great deal of
  discussion with the Environmental Agency and, of course, discussion with the
  Department of Environment, Transport and the Regions which we have been
  working with very closely on this, so I am surprised to hear that.  My
  understanding is certainly that the Agency has been very much in the loop.
  
                              Joan Walley
        384.     If I may, I would like to turn to the progress which has been
  made on the negotiated agreements.  In turning to this issue, I do recognise
  that it is perhaps a little bit of an unenviable task.  I am interested to
  know what fine-tuning there has been.  I am conscious also that some
  companies, including ones which seem to be shedding a large number of jobs in
  my constituency, seem not to have escaped some of their commitment to this. 
  I am thinking about Corus British Steel.  Could you tell me what is in the
  "first wave" heads of agreements which I understand the Government have now
  signed with ten industrial sectors, when do you expect the contracts to be
  drawn up and how much more work is going to be required before those contracts
  can be agreed?
        (Mr Timms)  The "first wave" - the memorandum of understanding signed on
  20 December - was a very big step forward in developing the levy and the
  negotiated agreements.  We think we are on course to sign full agreements with
  all the eligible sectors in the coming months.  There is a good deal of work
  to be done between the memorandum of understanding and the final legal
  agreements.
  
                               Chairman
        385.     Will the final legal agreements be done by the end of March,
  as was originally planned?
        (Mr Timms)  I would certainly very much hope so, yes.  So I think in
  summary the answer is that we are making good progress on the agreements.
  
                              Joan Walley
        386.     Can I ask what of that progress might be the sticking points
  between having the hoped-for agreements by the end of March and perhaps having
  to wait a little bit longer before you get them signed, sealed and delivered? 
  What are the sticking points?
        (Mr Timms)  At the moment I do not see any insoluble difficulties in
  concluding the agreements in the timetable which we have outlined.  Do you
  want to add to that, Simon?
        (Mr Virley) Perhaps if I may just add to that, there are some sectors
  for which the data on emissions and energy use is of a less good quality than
  it is for the sectors which the Department of the Environment has been
  studying for many years.  So there are some data issues which need to be
  resolved, and also the treatment of certain processes in different sectors and
  exactly the scope of the exemptions which have been announced in the Pre-
  Budget Report where discussions are continuing.
        387.     In terms of getting access to that data which you need, this
  brings me on to my second question really.  Is that a matter for the trade
  associations, or is that a matter for you to be resourcing and actually
  getting that information?  Who is going to be providing that audit, if you
  like, or that information?
        (Mr Timms)  The information will need to be provided by the participants
  in the agreements, but we also think it is important that there should be
  independent audit from outside.  Quite which body is going to play that role
  has not yet been decided.  We think it is important that there should be a
  consistent approach across the full range of the negotiated agreements, but
  precisely who is doing it has not yet been determined.
        388.     When you talk about the need for independent audit in terms
  of getting the information in the first place to bring about the agreements,
  will that be linked up subsequently to monitoring what actual agreements have
  been made at the start, what then happens next, who will be responsible for
  it and who you actually think might do it?
        (Mr Virley) Yes, it would very much be part of that.  There will be
  independent audit of these agreements.  As the Minister has indicated, it has
  not been decided who exactly would be responsible for doing that.
        389.     Who might be?
        (Mr Virley) It is clear that the Department of the Environment would
  have to be involved, and a potential candidate might be the Environment
  Agency, but those are subject to ongoing discussions.
        390.     Can I ask a little bit more about trade associations and the
  individual companies in terms of the negotiated agreements?  Have you reached
  agreement on how that will be proceeded with?
        (Mr Timms)  I am not quite with you.
        391.     I am asking whether or not we are talking about a group of
  companies who together form a trade association, and the agreement being with
  the trade association, or whether or not it is likely to be with each
  individual who may not at this stage be under the umbrella of a trade
  association, or whether or not, for the purposes of the Climate Change Levy,
  they might have to subsume the responsibility for the trade association
  agreement under a trade association to which they do not at this stage belong.
        (Mr Virley) A variety of different models have been offered as to the
  exact form the different agreements might take - whether it is just with the
  trade association, or whether they have back-to-back agreements with each of
  their individual members.  Obviously we try to be as flexible as possible in
  allowing the sectors concerned to choose the form of agreement which most
  suits their needs.
  
        392.     Could I also ask about the majority of "first wave" sectors
  which have opted for, as I understand it, efficiency targets rather than
  absolute carbon reduction targets?  What assurances can you give that the
  Government will meet its greenhouses targets and that the energy efficiency
  targets will not undermine that?
        (Mr Timms)  We gave the sectors a choice for the negotiated agreements in
  order that they could use whichever approach was the most applicable for
  implementing and monitoring in their industry.  Whichever target they choose,
  it will require significant action on the part of the firms involved within
  that sector, and we are confident, as I said earlier, that the result of the
  negotiated agreements will be a saving of at least two million tonnes of
  carbon a year.  But we thought it was important to give the firms the choice
  about the approach that fitted their circumstances best, or give the sectors
  that choice.
        393.     I understand, or there have been reports, that you were
  negotiating in the second wave sectors, or sub-sectors, with as many as 40
  different sectors.  Is it feasible to have so many different agreements to
  have to deal with?
        (Mr Timms)  The second wave discussions are going ahead, we expect there
  to be a memorandum of understanding which they have signed up to by the end
  of February, so, yes, we do think this is a manageable task.
        394.     How do you propose building the concessions, if that is the
  right word to use - I am not sure it is - the extra advantages which the
  Government has given in order to proceed with the agreements that we now have
  which relate to the extra money, the most welcome money, which will be
  available for environmental technologies for energy efficiency, into the
  comprehensive spending review so that money will be quickly and easily
  available and the information got out to companies which might want to take
  advantage of it?
        (Mr Timms)  We are consulting currently on the detail of quite how those
  arrangements are going to work.  I do not think there is going to be any
  difficulty in identifying the money because it is a stream within the climate
  change levy.  But there is a consultation document, and consultation is going
  on at the moment about precisely how those arrangements will work.
  
                              Mr Loughton
        395.     Minister, are you satisfied that even with an 80 per cent
  rebate for British Steel, for example, it will have no serious impact on its
  competitive position?
        (Mr Timms)  I am satisfied that we are achieving two objectives with the
  climate change levy.  Firstly, we are maximising its environmental benefits
  and, secondly, we are not jeopardising the competitiveness of UK firms.  In
  the case you have cited, there is a very, very large reduction in the impact
  of the levy following on from the announcements which were made in November. 
  The same is the case, for example, in the chemicals industry where the leading
  figures in that had a lot of concerns and they have acknowledged they are no
  longer worried about what the levy is going to do to their industry.  So I am
  satisfied that we have met the twin objectives of maximum environmental
  effectiveness and maintaining the competitiveness of UK firms in the
  announcements we have made.
        396.     Would you not acknowledge that even with the 80 per cent
  rebate to which British Steel may be entitled that works out, I gather, still
  as an energy tax of approximately œ2.40 per tonne of steel, which compares
  with the equivalent rate in Germany of 4p per tonne and an average for Europe
  of 40p per tonne?  How is that going to maintain the competitive position of
  British Steel even after your most generous rebate?
        (Mr Timms)  It is necessary, of course, to look at the overall taxation
  position of British businesses and, as you will know, we have a very good, a
  very competitive, business tax environment in the UK.  I think it is important
  to look at the overall picture in assessing the competitive position of UK
  firms.  I would say that the figure British Steel was looking at after the
  Budget in the spring was very, very much greater.  I have had discussions with
  Members of Parliament and others about the effect of the levy on that firm and
  others, and I imagine that British Steel is very pleased with the much more
  favourable position that they find themselves in now.
        397.     It is encouraging to hear you talk about the overall tax
  burden rather than the headline tax rates, because I think on that basis the
  overall tax burden is just up by œ40 billion under this Government, but that
  is another issue altogether.
        (Mr Timms)  No, the tax burden is falling.
        398.     It is up by œ40 billion according to the House of Commons
  Library but we will not go into that, that is for another Committee, another
  problem, another day.  Within those sectors there are obviously still
  anomalies in terms of the agreements which are going to be made and some firms
  will qualify for a full 80 per cent, some say 50 per cent, some 60 per cent,
  some will be liable for the full whack of tax.  Can you give any examples of
  any other taxes where there are variable rates not determined by Parliament
  but determined by individual agreements between civil servants and companies
  themselves?
        (Mr Timms)  No, I cannot give any such examples but the climate change
  levy is not going to be such an example.  There will be an 80 per cent
  reduction for those firms covered by negotiated agreements but there will not
  be a sliding scale for others.
        399.     So some will have 100 per cent payment and some will get 20
  per cent payment effectively?
        (Mr Timms)  Yes.
        400.     It is still a variable rate.
        (Mr Timms)  There will be one concessionary rate which will be based on
  the negotiated agreement, or at least there has been an announcement about one
  concessionary rate.  The other element here which we have not talked about,
  which might be worth referring to at this point, is the arrangement for
  emissions trading which of course connect with this.  There are discussions
  still to be had about that.  But there is not going to be a sliding scale or
  different rates between 0 and 80 per cent amongst the beneficiaries of the
  negotiated agreement.
        401.     I want to come to emissions trading in a minute but the point
  I am trying to make is that different companies will be charged either the 20
  per cent rate or the full rate on what you have just said, and the
  determination of which companies qualify for which rate of tax will not be
  made by Parliament but will be made by agreements within your Department,
  within the Treasury, with other civil servants making them.  Would it not be
  much more sensible and fairer and achieve the same objective if the
  negotiations were sector by sector so it was revenue-neutral within certain
  sectors?
        (Mr Timms)  Access to the 80 per cent reduction will be conditional on
  achieving the savings which have been agreed to within the negotiated
  agreement.  It is the case as the levy is now proposed that it will be broadly
  neutral for the private sector, the package as a whole will be broadly neutral
  between manufacturing and services, and that is a change from the proposals
  which were described in the Budget in the spring.  But I think it would be
  unrealistic to expect that one could go much further in achieving sector
  neutrality, at least if one wished to avoid the situation which you have
  charged me with introducing a moment ago, a very complex arrangement of
  different rates of discounts, a sliding scale, dependent on the position in
  each sector.
        (Mr Virley) Could I just add that there will be publication of the
  details of these agreements in due course once we are at the stage of signing
  heads of agreements with the sectors concerned for verification by Parliament
  and others.  Whilst the climate change levy arrangements are pioneering for
  the UK, it is true to say that similar arrangements are used in other
  countries in their energy tax proposals such as Denmark and Holland.
        402.     Minister, did I hear you say it was revenue-neutral for the
  manufacturing sector?
        (Mr Timms)  The package as a whole is broadly neutral for the whole of
  the manufacturing sector, yes.  If you take account of the additional sums we
  have built in to incentivise the energy efficiency investments which Joan
  Walley referred to a moment ago, yes.
        403.     So how is it going to work?
        (Mr Timms)  How is what going to work?
        404.     How is it going to make any energy savings if it is broadly
  neutral at the moment?  Companies need not do anything and they will get their
  NI rebate and they have to pay the extra tax on energy by not increasing their
  efficiency.
        (Mr Timms)  First of all, it is of course clear that there will be firms
  which are paying out more once the levy is introduced, but there will also be
  firms paying out less because what they save through the reduced national
  insurance contribution will exceed their liability under the levy.  What I am
  saying is, if you look at the manufacturing sector as a whole, then the
  package now is broadly neutral in that those firms which gain under the
  package and those which have an extra liability roughly balance themselves
  out.  But, of course, every firm in all sectors will have a greater incentive
  to reduce energy usage as a result of the introduction of the levy.  The
  amount that they will be liable to pay under the levy will be, we anticipate,
  separately identified on their energy bills, so it will be quite clear what
  this extra is, and that will be a strong additional incentive for them to
  reduce energy usage and so achieve the objectives that all of us want to see
  delivered.
        405.     I think a lot hinges on the definition of "broadly".  Can we
  come on to emissions trading and can you give us an up-date of the state of
  play there and the Government's thinking and when we are going to start to see
  a scheme introduced?
        (Mr Timms)  As you know, the Government is very supportive of emissions
  trading and we have been very pleased with the work which has been taken
  forward under the leadership of the CBI on what the arrangements for a
  domestic trading scheme might look like.  The emissions trading group which
  has been set up is looking at the full range of possible incentives - fiscal
  and non-fiscal - for organisations to participate in a domestic emissions
  trading scheme and we will be looking very closely at their findings.  But I
  think if emissions trading is going to make a valuable contribution, it has
  to be very strongly supported by us, by the DTI, by ministers in DTI.  I have
  had two meetings now with Rodney Chase from BP-Amoco who is chairing that
  group and I am very encouraged by the progress they are making.
        406.     Given we have a world-class financial services community in
  the City, what interaction is there going to be using that expertise and that
  framework already for trading these and make us a centre of excellence? 
  Potentially, I think we are streets ahead of everyone else in the world and
  can really make a go of this, not just for the UK but trading internationally
  in trading permits.
        (Mr Timms)  I think you raise a very important point.  I think this is an
  excellent opportunity for the UK because of the skills in the City of London,
  and City players are engaged in the discussions which the emissions trading
  group is conducting.
  
                              Mr Gerrard
        407.     You talked about the climate change levy as an exemplary
  process in terms of consultation which had gone on during the development of
  the proposals.  How far do you think that is typical of the way the Government
  has handled discussions on environmental taxes generally?  The impression that
  has been given to us is that on some of these taxes, for instance the
  aggregates tax, there has not been anything like that same degree of
  discussion and involvement.
        (Mr Timms)  I will certainly be listening with interest to any points
  this Committee wants to make about any of these matters.  If there are lessons
  to be learned from the past, then I will be very happy to learn them, but I
  would argue that the approach which we have taken has been pretty consistent
  across all of the measures which we have talked about today; that in each case
  there has been some serious research at the outset which has led to a report
  which has allowed for consultation, and then on the basis of that we have come
  forward with proposals.  On the aggregates tax, the research which was carried
  out was, as I said earlier on, a very, very impressive piece of work, probably
  one of the biggest, if not the biggest and most authoritative pieces of work
  of its kind ever carried out.  So I would hope that the Committee would feel
  on reflection that we have been consistent in the careful and thorough
  approach which I have described.
        408.     There are two further points I wish to make, first of all on
  the question of the research.  You mentioned the aggregates research as being
  very high quality.  That was the London Economics research?
        (Mr Timms)  That is right.
        409.     Did not the Government actually have to go back on that and
  commission some further rounds of work on that?
        (Mr Timms)  Yes, there were two rounds of it, and there was the
  international panel of experts which I mentioned earlier involved in round
  two.  I think that simply illustrates the point that we have been very, very
  thorough, and that between those two rounds of work a very impressive piece
  of work was done.
        410.     That is one example.  Do you think there is sufficient
  expertise currently within Government to allow research and development of
  environmental tax proposals?  The aggregates tax is just one example.
        (Mr Timms)  Yes, I think there is, but it is important that we do make
  use of expertise right across Government and that all the departments involved
  are working closely together - and we are - but also that we have access to
  expertise outside Government as well.  The study which we have been talking
  about was, as you have said, carried out by London Economics.  I think it is
  important that we do not claim that Government has a monopoly of expertise in
  these areas, but there are people outside Government with a great deal of
  expertise which we need to access.
        411.     I think everyone would agree that it would help this whole
  debate if we had greater consistency, greater consensus on the data so that
  we can discuss the proposals in the light of agreements.  Do you think that
  the Government would look again at this?  We have made the point several times
  on this Committee that we believe there is a good case to be made for a Green
  Tax Commission that would be able to do that sort of thing and would be able
  to commission the research, to develop the expertise, to provide the expertise
  to develop the proposals?
        (Mr Timms)  I am not convinced that a quango of that sort would
  necessarily add much value to the process.  We do have a number of bodies -
  the Advisory Committee on Business and the Environment, the Sustainable
  Development Commission and so on - who have expertise, make recommendations
  and give advice in these areas.  Our mind is not absolutely closed to this,
  but at the moment I cannot see that it is going to add worthwhile value to our
  work.  If the Committee wants to pursue that argument, then I shall certainly
  look at the suggestions which it makes.
        Mr Gerrard: I suspect we will.
  
                               Chairman
        412.     Would not a Green Tax Commission help with the process of
  consultation?  There has been some criticism, by bodies who have made
  representations to this Committee, about the difficulties they have
  experienced with consultation with the Government.
        (Mr Timms)  We have talked a lot about the Climate Change Levy process
  which I hope would be widely recognised as having been exemplary in terms of
  consultation, so I think that demonstrates that we can consult very
  effectively and well, without the Green Tax Commission.  If there have been
  difficulties, then I will do everything I can to learn the lessons from those,
  but I do not think the case is made that we need a commission to carry out
  consultation, because we have actually done well in a number of cases without
  it.
        Chairman:   Minister, we had a point of comment from the Parliamentary
  Clerk in the Treasury who was kind enough to send a letter to the Clerk of
  this Committee about the VAT on energy-saving materials.  We have only five
  minutes or so left, but we would like to ask you one or two questions about
  that.
  
                               Dr Iddon
        413.     Thank you, Chairman.  This question has dogged this Committee
  since we were set up in November 1997, as you well know, Minister.  Common-
  sense tells us - and we put it in a number of reports - that if we are really
  serious about saving energy, then we ought to reduce the VAT on energy-saving
  materials and measures across the board, not just selectively, down to the
  minimum of five per cent.  A number of us have written letters to you, we have
  put down Parliamentary Questions - I have one on the record today with an
  Answer - and we are wondering what the blockage is.  It is the 6th European
  Directive, we know that, but we have been told that your Department has been
  having discussions with other countries in the European Union and, indeed,
  with the Commission to try to resolve this thorny problem.  In an Answer you
  gave, I think, to the Member for Bury South, David Chaytor, I think I remember
  you saying that there has not been much contact in that respect with other
  countries in the EU or with the Commission on this subject in the last year,
  1999, is that correct?
        (Mr Timms)  I can acknowledge that this has been indeed a long-running
  episode.  I wonder if I can go back and give an account of what has happened
  from our point of view so far.  We implemented with effect from 1 July 1998
  a new targeted VAT relief for the installation of energy-saving materials in
  social housing.  That has extended the five per cent rate which applied to
  domestic fuel and power to that installation work.  There are legal
  constraints on going further than that.  In particular, there is not any scope
  for relief for do-it-yourself installation at the moment.  That is why my
  predecessor as Financial Secretary, now the Paymaster General, wrote in
  September 1998 to Commissioner Monti to outline the step which we had taken
  and to suggest that the Commission and other Member States ought to consider
  changes to the current Community law in order that things could go further. 
  He has replied and has confirmed that there is currently no provision for
  relief for energy-saving materials for do-it-yourself installation.  He raised
  the possibility of future Commission proposals for changes to the 6th VAT
  Directive which you referred to, in Annex H which is the part which deals with
  reduced rates.  He has acknowledged that these proposals would be the right
  place to tackle this question of energy-saving materials, and we expect the
  Commission to make some decisions on this during the course of this year.  So
  there certainly has been contact between Customs and Excise and the Commission
  on this, and we expect some announcements in the course of the year.
        414.     Why has this Government not taken advantage of the
  experimental reduction in VAT on local labour-intensive services which France
  jumped the gun on before Christmas and which Italy appears to be doing in the
  early part of this year?  Why have not we taken advantage of that?
        (Mr Timms)  Essentially those are being presented, as I understand it -
  certainly the French change is being presented - as a job-creation measure. 
  Essentially, as you know, we have a variety of other measures tackling
  employability - effectively, the New Deal and others.  So I think the problem
  which is being addressed in France is being addressed rather differently here. 
  I think it is the case that France has somewhat jumped the gun, but we are
  expecting some announcement from the Commission in this area in the course of
  the coming year.
        Dr Iddon:   Thank you.
  
                               Chairman
        415.     How many discussions have taken place at ministerial level on
  this subject?
        (Mr Timms)  I cannot answer that question off the top of my head.
        416.     Have any discussions taken place at ministerial level?  You
  mentioned quite a lot of consultation at official level, did you not?
        (Mr Timms)  Yes.
        417.     I wondered whether you or your predecessors have been
  involved at ministerial level?
        (Mr Timms)  There have certainly been ministerial letters.
        418.     Could you let us have a note on that?
        (Mr Timms)  Yes.
  
                              Joan Walley
        419.     Could there also be a note about the question of the
  agreements as well and this question of transparency?
        (Mr Timms)  No doubt that suggestion can be forwarded to the group.
  
                               Chairman
        420.     Unless any of my colleagues wants to ask you any further
  questions, we shall close this session, Minister.  Thank you very much indeed
  for quite a long exposure to our criticisms.  May I hope that you stay long
  in your post.  Although this is your first appearance before the Committee,
  you are the third new Minister in the Treasury, and I think we would hope for
  some continuity over the remainder of this Parliament.  We hope it is you.
        (Mr Timms)  Thank you.  I shall look forward to coming back.