Select Committee on Treasury Minutes of Evidence


Examination of Witnesses (Questions 374-379)

JOHN HEALEY MP AND MR PAUL GERRARD

2 FEBRUARY 2005

  Q374 Chairman: Welcome back to the Sub-committee, Minister. In your memorandum to us you say you are committed to tackling tax fraud in order to protect the revenue you need for public services, to protect legitimate businesses and to protect us from organised crime. Are you succeeding?

  John Healey: Yes, we are making progress. The gap, if you look across the excise regimes, is still quite significant, which is why we attach such importance to the investments we are making and the strategies we are putting in place. However, if you look across the regimes you will see that instead of a rising trend we now have a falling trend, whether that is in alcohol, oils or tobacco, and if we consider what would be the situation if we had not put the strategies in place we would be seeing cigarette fraud, last year, at a level of 36% of the total market instead of 15% , and we would have seen fraudulent oils at 9% instead of 6%, which means that over the last few years we have safeguarded at least £3 billion of the public purse.

  Q375 Chairman: Your figures show that the revenues actually evaded through both tobacco smuggling and spirits fraud are running at almost £3 billion a year. Is that satisfactory?

  John Healey: It is not satisfactory. It is still significant, as I explained, but on the other hand if we had not put the action and investment in place which we have done over the last few years the situation would be significantly worse. We have still got a lot more to do, which is why we have set, from government, Customs & Excise and the successor body some quite tough public service agreement targets to reduce these levels of fraud still further, but if we had not taken this action on tobacco and on oils two or three years ago we would have been faced with not just a shortfall or a gap which we reported at PBR in December of around £3.5 billion but a gap of almost £7 billion.

  Q376 Chairman: Why do you claim the situation is getting better and that you are reducing fraud when, if you look at hand rolling tobacco, losses have increased by £170 million to some £750 million and in diesel oil fraud there has been an increase in fraud of £200 million to £850 million? That means it is getting worse, not better.

  John Healey: If you separate the two there: on diesel, if you look at the situation in 2000 when we started our work on this, the size of the illicit market was 8%; since then we have cut it by a quarter to 6%. So, on diesel, it is not getting worse and we do expect it to start getting better quite significantly because most of the major parts of the anti-oils fraud strategy we put in place we put in place during the course of 2002 and, of course, the figures we have been able to publish in the PBR in December were the levels of fraud for 2002-03. On hand rolling tobacco, I think the situation is more worrying. There is certainly a concern there. If you look at the total consumption and pattern of the market, we have an increased consumption—we have a bigger market, if you like, particularly as there has been a general shift in smoking habits downgrading from premium brands—what you see in the latest figures we have been able to publish, with hand rolling tobacco, is that the illicit size of the market is very significant, but it is a smaller share of that bigger market. That means that the revenue loss is actually up, so the revenue loss, you will see in the latest figures, is up £70 million but the share of the illicit hand rolling tobacco market is down 6%. Now, we are dealing here with what is a very well-entrenched and long-established illicit market in hand rolling tobacco. The Pre-Budget Report explained that we  are doing further work on this as we try and untangle the differences with hand rolling tobacco smuggling and bootlegging from cigarettes. We are considering, at the moment, within the Treasury and within Customs, a range of different things that we might put in place. I hope we will be able to confirm a fresh focus on hand rolling tobacco within the overall tobacco strategy fairly soon.

  Q377 Chairman: You say it has dropped 6% but that is since the year 2000, and your own figures show increases in each of the last three years: 52%, 53% and now 57%. That means nearly six cigarettes in every 10 are illicit. Is that acceptable?

  John Healey: It is not acceptable. It is a very significant level of illicit activity with hand rolling tobacco. It is down since we introduced the tobacco strategy in the year 2000, which is why I make the point that there is a 6% drop. Nevertheless, because more people are smoking more hand rolling tobacco the scale of revenue lost to the public purse has gone up, and it has gone up by £70 million.

  Q378 Chairman: Finally, from me, on spirits fraud, when you started on the spirits fraud route with the tax stamp, you said the fraud was £600 million, then you thought it was £450 million and your latest estimate is that fraud is actually £250 million. How credible is this, when you keep revising the figure down so dramatically? Are you just guessing?

  John Healey: No. The calculations and estimates we   published in December are based on the methodology that we have put in place over the last three years and published the details of. I think, to understand the set of figures we were able to publish in December alongside the Pre-Budget Report, it is important to understand that two things were happening: first of all, there was a revision of some of the back series—in other words the previous year's numbers—and that was based on changes that the ONS and Defra made to the data that came out of the expenditure and food survey. That is the first thing. The second thing is the figures also carried the latest year that we were able to make our assessments for, 2002-03, for which we had not made an estimate before. The drop from 14% to 7% starts to show the impact of a number of the actions that we were taking in the year 2002-03 starting to have an effect. I think there is a combination of two things in those latest figures: there are, partly, revisions of data on the surveys that we use, and, secondly, there are, I think, the first signs of an impact of some of the measures we took a couple of years ago to try and deal with spirits fraud.

  Q379 Chairman: As I understand it, you have asked the ONS to sort of referee where we have got to and what the actual figure is. When are we expecting their final pronouncement?

  John Healey: The ONS are studying the methodology that we use in Customs and that the trade use. They have done so as a response to the National Audit Office's report.


 
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