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House of Commons
Session 2006 - 07
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General Committee Debates
Finance

Finance Bill



The Committee consisted of the following Members:

Chairmen: Mr. Roger Gale, Mr. Eric Illsley
Afriyie, Adam (Windsor) (Con)
Balls, Ed (Economic Secretary to the Treasury)
Breed, Mr. Colin (South-East Cornwall) (LD)
Brennan, Kevin (Lord Commissioner of Her Majesty's Treasury)
Brown, Lyn (West Ham) (Lab)
Cable, Dr. Vincent (Twickenham) (LD)
Cunningham, Mr. Jim (Coventry, South) (Lab)
David, Mr. Wayne (Caerphilly) (Lab)
Duddridge, James (Rochford and Southend, East) (Con)
Dunne, Mr. Philip (Ludlow) (Con)
Engel, Natascha (North-East Derbyshire) (Lab)
Evennett, Mr. David (Bexleyheath and Crayford) (Con)
Flello, Mr. Robert (Stoke-on-Trent, South) (Lab)
Francois, Mr. Mark (Rayleigh) (Con)
Gauke, Mr. David (South-West Hertfordshire) (Con)
Goldsworthy, Julia (Falmouth and Camborne) (LD)
Goodman, Mr. Paul (Wycombe) (Con)
Healey, John (Financial Secretary to the Treasury)
Hemming, John (Birmingham, Yardley) (LD)
Hesford, Stephen (Wirral, West) (Lab)
Hoban, Mr. Mark (Fareham) (Con)
Hosie, Stewart (Dundee, East) (SNP)
Johnson, Ms Diana R. (Kingston upon Hull, North) (Lab)
Keeble, Ms Sally (Northampton, North) (Lab)
Lucas, Ian (Wrexham) (Lab)
McCarthy-Fry, Sarah (Portsmouth, North) (Lab/Co-op)
McGovern, Mr. Jim (Dundee, West) (Lab)
Marris, Rob (Wolverhampton, South-West) (Lab)
Newmark, Mr. Brooks (Braintree) (Con)
Reed, Mr. Andy (Loughborough) (Lab/Co-op)
Timms, Mr. Stephen (Chief Secretary to the Treasury)
Ussher, Kitty (Burnley) (Lab)
Villiers, Mrs. Theresa (Chipping Barnet) (Con)
Wright, Mr. Iain (Hartlepool) (Lab)
David Doig, Hannah Weston, Committee Clerks
† attended the Committee

Public Bill Committee

Thursday 7 June 2007

(Afternoon)

[Mr. Roger Gale in the Chair]

Finance Bill

(Except clauses 1, 3, 7, 8, 12, 20, 21, 25, 67 and 81 to 84, schedules 1, 18, 22 and 23, and new clauses relating to microgeneration)

Clause 101

Abolition of PRT for fields recommissioned after earlier decommissioning
Question proposed [this day], That the clause stand part of the Bill.
1 pm
Question again proposed.
Mr. Paul Goodman (Wycombe) (Con): Before lunch, I was about to say a few words about the clause. I am tempted simply to ask the Economic Secretary what it means and sit down—
Rob Marris (Wolverhampton, South-West) (Lab): It is all in the notes.
Mr. Goodman: As the hon. Gentleman says, it is all in the notes. I was simply going to observe, given the Committee’s inexhaustible appetite for information, that the clauses dealing with petroleum revenue tax are relatively uncontentious. They implement a commitment that the Government made in last year’s pre-Budget report to even up some discrepancies in petroleum revenue taxation. We understand that the clauses are welcomed by the industry, and nothing has been raised with us. I have no further questions or points to raise.
Rob Marris: Clauses 101 and 102 go together. I want to ask my hon. Friend the Economic Secretary—he may need to write to me, because we are pressed for time—whether the clauses on petroleum tax will have an effect on carbon capture and storage, because in the North sea, the old oilfields, the use of which has been discontinued, may well be used as a repository for carbon dioxide to be pumped and stored there for ever.
The Economic Secretary to the Treasury (Ed Balls): It is a pleasure to serve under your chairmanship again, Mr. Gale. I add my congratulations to those expressed earlier on the promotion of the hon. Member for South-West Hertfordshire. My hon. Friend the Financial Secretary is the Minister responsible for oil and gas industry issues in the Treasury, but he is currently in the Chamber, about to speak on another matter, so I have taken it on myself to answer and to lead the debate in his absence.
As the hon. Member for Wycombe said, the measure was first announced in the 2006 pre-Budget report and will remedy a problem that arose during discussions between the Government and the industry on the wider strategic issues facing the North sea fiscal regime by providing for the removal of petroleum revenue tax from oil and gas fields where full decommissioning has been completed—that is, all infrastructure has been removed and the fields in effect have been returned to bare seabed—and the fields are subsequently redeveloped.
Under current legislation, if a field on which PRT was chargeable was fully decommissioned and later recommissioned, it could still be liable to PRT. However, the challenge of redeveloping a previously decommissioned field is closest in appearance to the challenge of developing a completely new field. I am referring to fields on untouched seabed, which are not liable to PRT; it was abolished for new fields in 1993. Therefore, it is arguable that there is a disincentive to recommission old fields. Clause 101 is designed to remedy that anomaly and create a level playing field between old decommissioned fields and new fields. As the hon. Gentleman said, the change has been welcomed by the industry following consultation.
My hon. Friend the Member for Wolverhampton, South-West raised the issue of carbon capture and storage. As he will know, new technologies can potentially be used to extract carbon dioxide from gas or coal during the energy production process. Therefore, it will be possible to deliver carbon free, or substantially reduced carbon, electricity from coal and gas and for those carbon dioxide gases to be taken away and stored.
One option is to store those gases in previously used oilfields in the North sea. The Government are considering how to encourage and develop those technologies. My assumption, though, is that if one of those fields is subsequently to be used for such a practice, it would come under a different tax regime to the one that would be applied here. In this instance, we are trying to ensure that it is tax free for the development of new petroleum oil production. If an incentive was needed to encourage gas fields to be used subsequently, a different tax regime would be required. We are currently looking at the nature of incentives that might be needed and the legislative base within which that could occur.
I am very happy to keep my hon. Friend and the House informed of any developments. The Financial Secretary may be able to provide more details on that. The policy area is at an early stage. Her Majesty’s Revenue and Customs is considering what the legislative and tax framework would be. While the clause corrects the anomaly, it would not make it more difficult for us to use those fields for carbon capture storage in future. On that basis, I commend the clause to the Committee.
Question put and agreed to.
Clause 101 ordered to stand part of the Bill.
Clauses 102 to 104 ordered to stand part of the Bill.

Schedule 25

Amendments connected with the Gambling Act 2005
Ed Balls: I beg to move amendment No. 240, in schedule 25, page 275, line 41, leave out ‘charitable purposes only’ and insert
‘a purpose other than that of private gain (within the meaning of the Gambling Act 2005)’.
Clause 104 introduces schedule 25, which provides for amendments to tax legislation as a consequence of, or in connection with, the Gambling Act 2005. When it is fully implemented, the 2005 Act will repeal most of the legislation that provides the regulatory framework for gambling in the UK.
Schedule 25 is divided into six parts. Part 1 provides amendments to the 2005 Act which will preserve the income and corporation tax exemptions that are currently enjoyed by certain charitable lotteries. Part 2 provides for amendments to the Act to be made in respect to general betting and bingo duties. Parts 3 and 4 provide for amendments to lottery and gaming duties. Part 5 deals with other miscellaneous amendments to the Act in relation to bookmakers’ permits and the definition of a “revenue trader”. Part 6 makes commencement provisions for those amendments.
Amendment No. 240 modifies the scope of the exemption to gaming duty that is provided by paragraph 17. It ensures that gaming duty is not charged on gaming when players’ payments are put to a purpose other than for private gain. That very minor change maintains the policy intent of the current legislation and is slightly less restrictive than the exemption in paragraph 17 which would apply when the proceeds of the gaming are used for charitable purposes only. Therefore, I commend the amendment and the schedule to the Committee.
Amendment agreed to.
Schedule 25, as amended, agreed to.

Clause 105

VED: exempt vehicles
Question proposed, That the clause stand part of the Bill.
Mr. Goodman: The debate on this clause was prefigured in the debate on clause 11, which the Economic Secretary may remember. That was about vehicle excise duty in relation to non-working vehicles used by people in rural or remote rural areas. This clause concerns working vehicles. As the Financial Secretary reminded us in the debate on clause 11, agricultural vehicles are currently exempt from vehicle excise duty. That inevitably raises the question of when, if at all, a working vehicle becomes a non-working vehicle, and vice versa.
The point was raised on clause 11 by my hon. Friend the Member for Ludlow, who may have a word or two to say about it in a moment. He said:
“My understanding is that previously it”—
the exemption—
“applied to tractors and other very heavy equipment, and the proposed exemption would extend it to 4x4-type vehicles.”
The Financial Secretary replied:
“The sort of detailed discussion that the hon. Gentleman is tempting me to have on this clause is better stayed until we reach clause 105.”——[Official Report, Finance Public Bill Committee, 10 May 2007; c. 99.]
Now we are here, and I hope that we can have the detailed discussion, because were I in a meeting with my local branch of the National Farmers Union, I am sure that its members would be able to provide me with an exhaustive list of circumstances in which 4x4s and other vehicles that might at first sight appear to be non-working vehicles are, in fact, working vehicles. I think that that was the point that my hon. Friend was getting at.
The clause is clearly in the Bill for a purpose. It provides circumstances in which further categories of vehicles can be exempted. Is it the Government’s intention to introduce measures exempting further classes of vehicles fairly soon? Can the Economic Secretary provide us with a time scale? With reference to the detailed discussion, can he suggest how the Government’s thinking on the matter is developing, and whether 4x4s might fall into the relevant category? Finally, will we be able to have a debate about the matter by way of statutory instrument? Will the affirmative rather than the negative procedure be used?
Mr. Philip Dunne (Ludlow) (Con): I am pleased that my hon. Friend has reminded the Committee of our debate on clause 11. I could not allow our proceedings to draw to a close without an opportunity to remind members of my entry in the Register of Members’ Interests, which is in connection with agriculture.
I raised with the Financial Secretary, more in hope than expectation, the question of whether the clause could be used to extend vehicle excise duty relief for agricultural vehicles used solely for the purpose of agriculture, forestry and horticulture. He did not give my hopes much succour, and it is a great shame that he is not here to respond, but I have looked in more detail at the explanatory notes and accept that the aim is to give the Secretary of State flexibility and discretion to redefine tractors and vehicles used for the purpose of agriculture, forestry and horticulture, to reflect technological advance and the development of new machinery in the future.
However, there are two aspects of agricultural practice that need to be drawn out and on which I should like the Economic Secretary to reflect. This is a missed opportunity. As the costs of vehicle excise duty rise—and they are likely to rise in future, given the environmental and behavioural changes that I think hon. Members on both sides of the House anticipate—the challenge for the agriculture and forestry industries in particular is that they require a disproportionate use of vehicles just to be in business. That becomes more, rather than less, apparent as mechanisation continues to develop apace. It is no longer the case that a farm gets by with one tractor. A multiplicity of vehicles of different types are used in agriculture. It is therefore entirely appropriate, in my view, that there should be an exemption and that there should continue to be relief from these duties.
The vehicles involved are not only specific-purpose vehicles; they are often adaptations of other vehicles. I think that that is where there is some difficulty with the wide-ranging discretion that the Secretary of State has, and I will come back to that.
The other relevant aspect is that the use of vehicles by these industries is also increasing significantly. That is partly as a result of pressures within the industry to aggregate holdings, and therefore farmers, to continue in business, need to take on other land that is perhaps some way distant from their existing holding. Obviously, they have to use the roads to get to that land. As a result, a lot of vehicles that were previously confined to off-road use are now also being used on-road, and therefore duties might start to apply where they did not previously apply.
1.15 pm
For example, many farms use adaptations on quad bikes to provide specialist applications. Quad bikes are not normally registered for road use. However, as Members of Parliament are increasingly aware, they have a number of uses, not least for Members of Parliament. Another example would be motorised hydraulic lift vehicles, such as the well known JCBs. Those are now used for many purposes on farms and must be taken on the roads more than they used to be. It is difficult to see that a description of vehicles can be adequately encompassed to take account of differing uses. It would be a missed opportunity not to use the definition of “use of vehicle”, rather than just “type of vehicle”, when it comes to drawing up these exemptions.
Briefly—Members will be relieved to hear—clause 105(1) includes the power for the Secretary of State to repeal any of the relevant paragraphs of schedule 2 to the Vehicle Excise and Registration Act 1994. What reassurance can the Economic Secretary give us that he or his colleagues have no intention at present to repeal any of those paragraphs, and that any future attempts to repeal them will be subject to affirmative procedure? Can he also assure us that he supports the arguments that I have outlined in favour of a continuing vehicle excise duty exemption for the industries that I mentioned, all of which have high vehicle use and are, in most cases, trading in fragile circumstances?
 
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Prepared 8 June 2007