The
Committee consisted of the following
Members:
Barlow,
Ms Celia
(Hove)
(Lab)
Blizzard,
Mr. Bob
(Lord Commissioner of Her Majesty's
Treasury)
Borrow,
Mr. David S.
(South Ribble)
(Lab)
Browne,
Mr. Jeremy
(Taunton)
(LD)
Cable,
Dr. Vincent
(Twickenham)
(LD)
Carswell,
Mr. Douglas
(Harwich)
(Con)
Devine,
Mr. Jim
(Livingston)
(Lab)
Gauke,
Mr. David
(South-West Hertfordshire)
(Con)
Hamilton,
Mr. David
(Midlothian)
(Lab)
Henderson,
Mr. Doug
(Newcastle upon Tyne, North)
(Lab)
Jenkins,
Mr. Brian
(Tamworth)
(Lab)
Main,
Anne
(St. Albans)
(Con)
Meale,
Mr. Alan
(Mansfield)
(Lab)
Newmark,
Mr. Brooks
(Braintree)
(Con)
Pearson,
Ian
(Economic Secretary to the
Treasury)
Shepherd,
Mr. Richard
(Aldridge-Brownhills)
(Con)
Jyoti Chandola, Committee
Clerk
attended the
Committee
First
Delegated Legislation
Committee
Monday
17 November
2008
[David
Taylor in the
Chair]
Draft Local Loans (Increase of Limit) Order 2008
4.30
pm
The
Economic Secretary to the Treasury (Ian Pearson): I beg to
move,
That
the Committee has considered the draft Local Loans (Increase of Limit)
Order
2008.
It
is a pleasure to serve under your chairmanship, Mr. Taylor.
This order is being moved under provision of the National Loans Act
1968. While this procedure is well established and had been undertaken
at regular intervals until 1988, I recognise that the long interval
since the last such order may require a reminder as to what the Public
Works Loan Board does and why this statutory instrument is
required.
The PWLB is a
long-standing unpaid statutory body which originated in 1793 and was
permanently established in 1817. Its main function is to make loans to
British local authorities for investment purposes and collect the
repayments. The loans are at rates marginally above those at which the
Government can borrow and provide good value for money for authorities
through low-interest repayments. Local authorities can only borrow for
the purposes of capital investment or for short-term cash-flow purposes
and are required to balance their revenue budgets on an annual basis.
While the PWLB is not the only source of finance for local authorities,
about 80 per cent. of borrowing for investment undertaken by
local authorities is made through it. Loans are advanced under section
3 of the National Loans Act 1968 which provides moneys from the
national loans fund. Section 4 of that Act sets limits on
the amounts of outstanding loans that may be held by the PWLB. Section
130 of the Finance Act 1990 amended section 4(1) of the National Loans
Act 1968 and set a new limit of £55 billion for outstanding
loans held by the PWLB. Section 130 of the Act also amended section 4
of the 1968 Act so as to grant the Treasury the power to raise by
statutory instrument the outstanding loans limit further to a sum not
exceeding £70 billion. The statutory instrument required to
raise this limit has been laid before the House and, as I have
indicated, is being debated today. The loans limit effectively provides
parliamentary approval for lending by the PWLB. It is not formal
control on council spending or borrowing.
This order to
raise the PWLBs loans limit is in effect required to update the
boards statutory position. The limit has not been raised for 18
yearswhen section 130 of the Finance Act 1990 inserted the new
loans limit, it also inserted a new maximum loans limit which could be
reached by order. However, no such order has been made under those new
provisions since that datehistorically a very long interval.
Orders to raise the PWLBs limit had previously been undertaken
on a regular basis from 1968 to 1988.
The length of
the interval in part reflects a period, particularly during the 1990s,
when local authority investment was highly restricted by tight control
of capital spending by central Government. Local authorities were also
required to use a significant proportion of their receipts from asset
sales to reduce their debt which included outstanding loans to the
PWLB. The limit is presently being approached, however, following a
number of years of net lending by the board driven by significant
changes to the local government capital finance system, changes to the
terms of the PWLB loans and overall significant increases in local
authority investment. These changes include the introduction of the
prudential regime on 1 April 2004 as part of the Governments
freedom and flexibilities agenda following the Local Government Act
2003. This replaced the previous capital finance system where central
Government controlled capital spending by requiring local authorities
to seek permission to borrow through credit approvals. The prudential
regime removed central Government control of capital finance, replacing
it by professional self-regulation through the Chartered Institute of
Public Finance and Accountancy prudential code. That put the onus on
authorities to demonstrate that borrowing was prudent and affordable
given sensible assumptions about future revenues. That change was
intended to allow local authorities to meet their local priorities as
well as to tackle an estimated backlog in local investment of
approximately £30 billion in 1997. Annual local authority
capital spending in cash terms is nearly 300 per cent. higher than 10
years ago, and 220 per cent. higher in real terms. There is also
provision for supported borrowing from Government Departments, which is
similar to the previous system of credit approvalsa promise by
central Government to make available a revenue stream to a council to
support a given level of borrowing for capital
purposes.
The
PWLB is by far the largest source of finance for both types of
borrowing. It should be noted that even before the prudential regime,
when the Government tightly controlled spending, the loans limit was
not used as a direct control on local authority capital, as authorities
could still use the private sector to finance investment. That point
was made clear in previous debates on the order, such as those of May
1980, May 1981 and June
1983.
Loans
from the PWLB to local authorities are fiscally neutral and do not
affect levels of public debt; loans are merely money flowing from one
part of the public sector to another. PWLB loans do, however, relate to
the public finances through forecasts for prudential and supported
borrowing, for which they are sought as a source of finance. The
forecasts for local authority borrowing have already been accounted for
in the public finances over the current spending review period, and are
not being adjusted in the light of this statutory instrument. The
instrument simply allows councils to continue to use the PWLB as a
source of finance. That allows them to obtain value for money in
financing their existing capital spending plans through affordable
rates of interest, which also aids the local
taxpayer.
The
Treasurys annual forecast for net lending by the PWLB is
£2.2 billion in this and each future financial year. At the
start of this financial year, outstanding loans held by the PWLB
totalled £50.7 billion. That would imply that outstanding loans
should not reach the limit during this financial year. However, PWLB
loans have been volatile in the past and are entirely driven by local
authorities demand for loans. There are some potentially
significant investment projects, such as Crossrail, for which the PWLB
may help to provide finance. One could imagine the reaction of hon.
Members, or the volume of correspondence from local councillors
bemoaning their inability to fund capital investment deemed necessary
in their local areas, if that limit were reached and the Government had
not taken the action being debated today. The private sector currently
accounts for only 20 per cent. of lending, so if PWLB loans were no
longer available, the alternative sources of funds would be uncertain,
and many authorities might look instead to curtail their investment.
Enabling local authorities to continue capital investment and
investment planning is a key reason for the
order.
As
well as the aforementioned freedoms provided by the prudential regime,
other factors that have driven the demand for loans in recent years
include: the extension in December 2005 in the maximum loan term
available from the PWLB, from 30 years to 50 years; declining council
house sales, and sales of other assets, leading to lower early debt
repayments that reduce outstanding debt; and the rates of interest
available from the board and how they affect the relative
attractiveness of alternative sources of
finance.
Local
authority treasury officers have tended to set target borrowing rates
for PWLB loans. As rates have fallen, local authorities have
progressively increased their borrowing. It is important to note that
however local authorities chose to finance their capital spending, they
must either have the cash available or prove that any borrowing is
necessarily affordable and locally
sustainable.
I
wish to take the opportunity to thank the Public Works Loan
commissioners for their work on loans to local authorities, which they
do on an entirely voluntary and unpaid basis. Their expertise and
skill, together with that of the professional staff at the Public Works
Loan Board, led by its secretary Mr. Mark Frankel, is a
valuable asset. I commend the order to the
Committee.
The
Chairman: The Minister referred to the role of the
Chartered Institute of Public Finance and Accountancy. I did not think
that he was going to do that. I ought to declare to the Committee that
I am a member of that
body.
4.39
pm
Mr.
David Gauke (South-West Hertfordshire) (Con): It is a
pleasure to serve under your chairmanship, Mr. Taylor. I
thank the Minister for his explanation of the order and for the
statutory background. As he said, section 130 of the Finance Act 1990
sets a limit of £55 billion on the total of loans
outstanding to the commissioners at any one time, with a power to
increase that by order to £70 billion under the National Loans
Act 1968, which is what this order
does.
The
explanatory memorandum states that the Treasury and the commissioners
say that it is necessary to increase the limit to accommodate for
forecast future demand. The Minister gave us details on that, but,
specifically, what level of loans is the PWLB forecast to make? Does he
anticipate it going up to the £70 billion limit fairly quickly
or will it take longer? How close is it at the moment to the £55
billion limit?
Why has the
forecast future demand increased? He mentioned Crossrail, but what
other factors are causing the increase in demand? For example, is the
increase necessary to finance the decent homes programme? Is it in any
way due to the potential losses of local authorities with funds in
Icelandic banks? I will be grateful for confirmation from the Minister.
In asking about the reasoning behind the order and increasing the
limitsthat is the topical question of the dayone should
ask whether it is part of a fiscal stimulus programme or entirely
unrelated.
The
Minister describes the proposals as being fiscally neutral, but how do
local authorities appear to be borrowing more, financed by central
Government, without that having an impact on Government borrowing or
debt figures? I would like some more information about the loans that
will be made by the PWLB. The Minister referred to the applicable
interest rates as being slightly higher than the level at which the
Government are able to borrow themselves. It would be useful to have a
comparison with commercial banks, where local authorities might be able
to find an alternative source of financing. What range of
productsfor example, available lengths of time until
maturityis available? The Minister mentioned an increase in the
absolute limit from 30 years to 50 years; can he provide
further information on that? What process does the PWLB use in
evaluating a request for a loan from a local authority? Is it simply
first come, first served or does the PWLB evaluate how the sums will be
spent or invested? Does it evaluate the financial soundness of the
local authority? How does it evaluate whether to approve a
loan?
The
Minister paid tribute to the role of the commissioners who provide
their services for free. What precisely is their role? It has been
suggested that part of their role is to prevent political interference
or favouritism, or the perception of it, in the granting of loans, is
that the case? The Treasury Committee looked at that issue in 2000 and
recommended that the Government review the role of the PWLB
commissioners. It may well be that the Government have done that,
although in my preparation for this order I was unable to find any
information suggesting that they had. It would be helpful if the
Minister could indicate whether this has been reviewed. The Treasury
Committee reported in
2000:
If
the Government decides to retain the PWLB Commissioners, whether
maintaining their present role or giving them new responsibilities,
their governance structure needs to be updated, to bring it into line
with best practice in the early twenty-first century rather than that
of the late nineteenth century.
Have the
Government reviewed the governance structures of the PWLB
commissioners?
Subject to
satisfactory answers to those questions, I do not envisage that we will
divide the Committee on these provisions. We look forward to the
Ministers
response.
4.46
pm
Mr.
Jeremy Browne (Taunton) (LD): I share the view of the two
Members who have already spoken about what a pleasure it is to serve
under your chairmanship, Mr. Taylor.
I have a
number of questions to ask the Minister, some of which overlap with or
even echo those already raised. I shall try not to be excessively
repetitive, but there is a body of pertinent and relevant questions to
ask the Minister and his response will be interesting. The first is the
crucial topical issue referred to by the hon. Gentleman who previously
spoke, which is, why now? Would the Government be extending the package
to such a degree if we were not in the current economic circumstances?
This is a large increase of more than 25 per cent. in the money
potentially available to local authorities. I, like many others, have
been in the main Chamber this afternoon listening to the Prime
Minister, and all the talk is about injecting extra money into the
system to try to ensure that we make the effects of the recession as
small as possible. This is a device for potentially doing precisely
that, so I would be interested to hear the Ministers comments
on how much this is part of a wider economic picture.
Given the
state of the economy here and around the world, what does the Minister
anticipate will be the future demand for this provision? Does he expect
to bring us all together again in six or 12 months from now to extend
the package by a considerably larger amount? I am interested to know
how much each local authority is potentially able to access from the
fund. Would it be able to access many different overlapping loans
simultaneously, or should there be only a multiple of the overall
assets of that particular authority? I do not fully understand, and I
do not think that the Minister made completely clear the arrangements
and caveats placed upon local authorities to satisfy the criteria
needed to realise this additional money.
I have a few
other specific points to make. It has already been asked whether any of
this money could be used to cover bad debts to Icelandic banks or other
creditors. I would be interested in the Ministers response. He
talked mainly about capital projectsinitiatives such as
Crossrailbut there may be more pressing concerns for some local
authorities.
What, if any,
is the role for the Department for Communities and Local Government,
which seems not to feature? It seems strange that a Department
specifically tasked with overseeing the performance of local councils
should not have some active part in this process.
My next point
relates to the terms of the deal for central Government. I do not think
the Minister has put a figure on it, but I am curious to know how much
profit the Treasury hopes to make in interest on these loans. He said
that the loans were extended to local councils at slightly less
favourable terms than those enjoyed by central Government. Therefore,
presumably there is a cross-subsidy from my constituents, who pay a bit
more in council tax so that central Government can make a small profit
at their expense in terms of national finances. I am interested to know
precisely what those margins are.
Finally, will
the Minister touch in greater detail on the role of the commissioners?
In which circumstances are they likely to reject loans from local
authorities? What obligations will be put on those councils,
particularly those that have external pressureswhether they be
Icelandic loans or elections coming upand might seek to have
more money available to them? Will the Minister indicate in which
circumstances the commissioners may turn down applications from local
authorities? Following on from the comments of the hon. Member for
South-West Hertfordshire, who speaks for the Conservatives, I have
no objection in principle to what the Government are trying to do. The
Minister is generally helpful in his responses on these occasions, and
if he could engage with some of those topics we would all feel
sufficiently reassured so as to not press the matter to a
vote.
4.50
pm
Mr.
Richard Shepherd (Aldridge-Brownhills) (Con): It is an
unalloyed pleasure to serve under your distinguished chairmanship,
Mr. Taylor. I am trying to get the rhythm and nuances of the
Committee absolutely right, now that we are faced with a Minister of
great distinction who is leading us in our exploration of this loan
business.
Like
the other hon. Members, I have three questions. It all seems so simple.
The PWLB is a 19th-century institution that has helped to manage great
investments over the past one hundred and something years, and has kept
a rein on public expenditure in one sense. Is the capitalisation, the
increase that is sought, for working capital; is that the correct way
to express it? Here is £15 billiona 25 per
cent. increase. The explanatory memorandum does not detail why the
additional £15 billion is necessary. If the body is
self-financing, with a small margin taken by central
Governmentpresumably to cover costswhat are the great
projects in hand that necessitate such a large increase? I think that I
am putting that the right way; it is just that, as a Back Bencher, one
puzzles as to what all this
means.
The
Minister spoke as if the figure of £70 billion were set for
ever. Is it set for ever, or do we intend, in more propitious times, to
rein back? When might the limit be returned to £55 billion?
These are huge sums. Only the other day we passed a statutory
instrument for £40.2 billion, and here is another
£15 billion. I am just puzzled, and I think that the Minister,
with his usual flair, will help us to master what we want to be assured
in our hearts is not just a little old ramp by the Government to get in
more
money.
4.53
pm
Mr.
David Hamilton (Midlothian) (Lab): The measure covers the
whole of the United Kingdom, but the 32 local authorities in
Scotland are covered by the devolution Act. When a loan is applied for
through a local authority in Scotland, is that through the Scottish
Parliamentlikewise the Welsh Assembly in the case of
Walesor is it a direct loan to the local
authority?