The Scotland Bill - Scottish Affairs Committee Contents


Examination of Witnesses (Questions 314-373)

TERRY MURDEN AND BILL JAMIESON

9 FEBRUARY 2011

Q314   Chair: Thank you for coming to see us, gentlemen. As you know, this is the Scottish Affairs Committee. We are looking at the Scotland Bill, but in parallel we are also running an investigation into the economy in Scotland and the development of business, so we hope to be able to touch on some of those issues as well. If you read The Scotsman at all, you will have seen a recent editorial suggesting that we should not rough up our witnesses. We realise that you are delicate flowers and should not be asked hard things or anything like that by impertinent oiks like ourselves, but if you don't mind, we will try our best to raise some points with you. Mr Jamieson, when I heard you speak on the euro I thought you were a bit soft and insufficiently robust, so hopefully you will be straight to the point today. We are not asking people only from The Scotsman; we asked a number of other journalists as well, but they were not able to come.

What we are particularly interested in is hearing your views of the Scotland Bill and how it impacts on business, and since you will meet many more businesses than we will, your view of their view. I wonder whether we could start off by asking you what you believe to be the main strengths and weaknesses of the proposals for strengthening financial autonomy within Scotland, the responsibility within Scotland, and how you think this impacts upon the business sector. Maybe we can start with you, Mr Jamieson, or Ace Enterprises as you described yourself in one of your recent articles.

Bill Jamieson: I did. Thank you very much indeed, Chairman, for inviting us. We do appreciate the opportunity to try and cast some light on the circumstances and the feeling and mood music around the Scotland Bill in Scotland. One thing I would say is that it is primarily a political Bill; in other words, it is designed or intended to improve the transparency or accountability of the Scottish Parliament. It does not claim, and it does not set out to be, a Bill that is an economic tool, or that will affect Scotland's economic performance. It is not a tool for raising the GDP performance of Scotland. It does not set out to do that.

I would say that among the business community, apart from one notable exception, there is a great deal of apathy—maybe neutrality is the best way to put it—about the Bill. It has not set the heather on fire among the business community. I would add two points to that on either side. There is a group of business people who are associated with the Campaign for Fiscal Responsibility, led by Ben Thomson, which broadly supports the Hughes Hallett/SNP position. Are they representative of business? No. On the other side, again on the margin, there is CBI Scotland, which is rather concerned about the amount of time and concentration taken up by the Scotland Bill. It represents a constituency in the business world which is saying, "We have a lot of problems to deal with between now and 2015 or 2016 which we fear have been pushed to the margin with concentration on the Scotland Bill and the debate between the proponents of the Bill and Professors Hughes Hallett and Andrew Scott". So there is a concern within some of the business community that it is taking the eye off the ball of what you can do with the powers that Scotland already has within its gift to improve its economic performance—all the micro things it can do.

Terry Murden: In so far as the business community is engaged in this at all, it is only going to be concerned about whether it increases its costs. As we know, business is going through difficult times at the moment and I think it will take a sceptical view of anything that appears to impose change, because it sees change as being another burden. An income tax cut would be nice and everybody would welcome it, but if anything, most businesses would fear that their costs would rise with any powers given to Parliament to change tax.

Q315   Chair: Would it be fair for us to take the view that, with the caveats you mention, as far as business is concerned, there is no enormous concern about potential threats, or indeed opportunities, flowing from the Bill at all, and—taking Bill's point—that the devolution process being accelerated, and the transfer of powers, will not in itself result in a magical increase in GDP and general happiness and prosperity?

Terry Murden: As far as I can see, there is no evidence to support one argument or the other. Clearly, there are two camps here. One tries to claim that greater fiscal autonomy and lower taxes, which they assume may flow from that, would lead to higher growth, but there is another school of thought that says there is no evidence of that happening. Even in countries like the US, which has cut taxes, there is no hard evidence that it has increased GDP. If we look at this Parliament, we have had a cut in income tax from Westminster, but the economy is hardly booming. You cannot say that one necessarily leads to the other.

Q316   Fiona O'Donnell: When I met Alfie Allen when he came to give evidence I said how excited I was, so I really feel that I should say to you, Bill, what a thrill it is for earthlings like us to meet stars from the media firmament like yourself. You can tell that I might not be so nice in my next question. In terms of the way the debate is evolving in the media, we have had quite a bit of interest in the Holyrood Committee's scrutiny and your own McGonagallesque, if I may call it that, commentary on things like Scottish citizenship. I did not know whether it was really serious or it was for fun, because it was very clever and witty. Generally, how do you think the debate is evolving? Is it really just a case of journalists having fun with it, or is there some serious debate out there in the media?

Bill Jamieson: The debate about the Scotland Bill is taking place at, if you like, one remove from the immediate problems facing business and the economy in Scotland. It is a very, very tough time. You will know far better than I that the problems being faced in the public sector—redundancies and Government cutbacks—are impacting on many companies that supply goods and services to the Government sector. These are the immediate worry points and concerns. You are asking people to focus on the consequences of a piece of constitutional legislation that will not take effect until, I believe, 2016. Looking through to that, there is a residual concern about exactly how this variable income tax will work. Who will be responsible for determining who is, or is not, a Scottish taxpayer or a Scottish citizen from the point of view of tax? There was a very good paper written by the Institute of Chartered Accountants of Scotland, which I recommend to the Committee.

Fiona O'Donnell: It has given evidence.

Bill Jamieson: Chartered accountants are not, perhaps, the most gripping people on the earth, so I wrote about this in a rather humorous manner in order to engage public attention, but I hope it brought out some of the complexities here about who is and who is not a Scottish citizen for the purposes of income tax. The Institute of Chartered Accountants said you had to have a statutory definition of citizenship. Unless you have that, you are going to put into effect legislation which is open to challenge, and the rulings could prove very arbitrary. Once that starts to happen, public acceptance of a tax change really starts to crumble; people can point to anomalies that were not intended. It is very important to maintain public support for a tax. You may get agreement on the principle but it is very important that you have a piece of legislation that, in practical terms, you are confident will work, and will not send HMRC into a terrible spin with its IT processes, and in which the public have confidence that when they get their tax demand it is broadly the correct sum they are being asked to pay up.

Q317   Fiona O'Donnell: You have said that giving these new financial powers to Holyrood does not in itself boost our economic performance in Scotland. Professor Muscatelli said the same thing. It is about what the Scottish Government does with the powers it has just now, and the powers it gets. Do you think that is why the debate is focusing on these issues? If councils can deal with who lives in a council area and is liable to pay council tax in that area, is this really such a great challenge for Scotland?

Bill Jamieson: That is a very good point. You might say that one of the things missing from the debate about the Scotland Bill is that you do not detect any strong lobby either side of the power to vary tax. In other words, there is not a strong lobby to say that this is a fantastic means to raise the level of income tax, to put more money into Government services, and to avoid all these cuts. I do not think that lobby is there. Equally, I do not think there is a very strong lobby for bringing down the rate of income tax, particularly in today's climate. I do not detect that as an area where people want to go. It is almost an abstract debate about having a power, like putting a big blunderbuss, a big gun, on a wall in a glass case that says, "Do not break except in emergencies."

Terry Murden: Yes. After all, we have had the power to vary income tax by 3p and it has not been used. There is a suspicion, I suppose, as Bill was saying, that this current plan will not be used, and we are dancing round the subject a little bit.

Q318   Chair: And public opinion in Scotland reflects that view—that this power, being unlikely to be used, is not worth debating that much?

Terry Murden: When you talk about public opinion, public opinion, as far as it is expressed through The Scotsman in particular, is focused on this issue about fiscal autonomy. It has been an academic debate, largely, with various parties coming down in favour or against one view or other. To a certain extent, that is drawing away from the main issue of the Bill. The Bill, of course, does not suggest fiscal autonomy, but that is how the debate has moved; it has moved away from what the Bill is proposing. The debate has almost become about what is not in the Bill rather than what is actually in it.

Q319   Chair: You have both mentioned fiscal autonomy on a couple of occasions. I wondered about the extent to which you thought that autonomy was a weasel word for separation or independence, and was being used by people who did not want to use the word "separation" or "independence" but were trying to disguise it behind a different term that is more neutral, as it were, thereby avoiding the opprobrium that "separation" has generally attracted.

Terry Murden: The supporters of it, such as those whose letters we read in the letters pages, have articulated a lot of this. There are those who want the Bill to provide Scotland with more powers over other taxes, such as corporation tax, inheritance tax, property taxes and so on. I suppose eventually you get to the point where you have to ask if this is a kind of independence by stealth. If you keep giving more and more powers, at what point do you declare the country to be independent of Westminster?

Q320   Fiona O'Donnell: Was devolution not always, as people are fond of saying, a process rather than an event?

Terry Murden: It may well be.

Q321   Fiona O'Donnell: But not necessarily a motorway to independence?

Terry Murden: Yes.

Q322   Lindsay Roy: It is your contention, from what I can gather, that the business community is largely apathetic to this because it has more immediate interests and pressing priorities, and the population at large are not really engaged—it is a bit of a diversion for them—so really it is political anoraks and economists who are involved in this. Would you agree, however, that it is imperative that we do our very best to get it right?

Bill Jamieson: Yes.

Q323   Lindsay Roy: And that the focus should be on accountability?

Bill Jamieson: Correct, because there is no doubt that there is an asymmetry at the moment. In Scotland we have a Holyrood Parliament that has powers to spend but no powers to vary tax significantly. That leads to a situation where all the debate in Scotland and in the Scottish Parliament is about spending money with none of the responsibility of having to raise it significantly. The result is that there seems to be, if you like, a compression and a concentration and squeezing of as much money as we possibly can out of the Barnett formula and the Barnett consequentials, whereas there is a very strong case for Parliament to have more responsibility and more accountability to voters through the tax system. To that extent there is a very powerful argument for this Bill.

Q324   Lindsay Roy: Therefore, do you think that as we approach the Scottish parliamentary elections this will have a higher profile?

Bill Jamieson: Yes.

Q325   Lindsay Roy: It has not been particularly prominent in the media, apart from one or two aspects.

Bill Jamieson: Yes, correct.

Q326   Chair: Terry, do you have anything to add to that?

Terry Murden: I think that is a fair comment. Trying to engage with the general public is going to be quite a task. At the moment it is focused more on whether or not the powers that it is proposing would help to boost economic growth although, as Bill says, that is not the fundamental purpose of it. Even from the point of view of the general business community, there is—it is probably wrong to say that it is a lethargy; probably they have not quite understood what is happening. When you dig lower than the main lobby groups like the CBI and the IOD and so on, people are so busy getting on with just trying to stay in business and keeping the wolf from the door that things like this seem to be rather hypothetical. They have not realised that this change may well come about.

Also, there is an argument put around that business will not be able to cope with the proposed tax changes and that it will be too costly and difficult administratively. My view is that that is rather overplayed. Companies are quite capable of dealing with different tax codes and jurisdictions. Anyone who has operations overseas has to deal with this kind of thing. That is probably a little overplayed. But I do think there is going to be a concern that there will be some form of added cost and until people explain to businesses what this is about and what they can get out of it—what the benefits might be—they will be sceptical at best and just kept in the dark at the moment about exactly what it all entails.

Q327   Lindsay Roy: In essence, there are quite a few hares running and part of the role of the press is to inquire, and to see what evidence there is to support the views that are being put forward.

Chair: Part of the role of the press is to start hares running.

Bill Jamieson: No, we don't do that. But one significant factor here is that we have passed through, if you like, two time periods for this legislation. The Calman Commission was set up in the world of sunshine and idyllic economic growth in 2005 and 2006. All the figures and all the projections that are laid out in the Calman Report relate to a world that no longer exists, or has changed fundamentally with the financial debâcle, the recession and everything that has happened since. My perception is that the political momentum behind the Calman Commission and the Scotland Bill has run into the changed circumstances that Scotland is now in. I would say that there is a mood of much more caution and conservatism about undertaking constitutional change. The impetus, if you like, is not quite what it was in 2005 and 2006 when Calman was being conceived. It is not as if public opinion was at this stage in 2006 and has strengthened throughout the process. No, I do not think so.

Q328   Dr Whiteford: If I may, I would like to pick up the issue of asymmetry that you alluded to earlier when you were talking about the accountability question of money raised in Scotland and the money spent in Scotland. There have been some real discrepancies in the estimates of the impact of this Bill. The Government's figures estimate that we will move up to about 35% of the money. I know that some of the other evidence we have received has suggested that it could be as low as 26%. I just wondered whether you had a view on that, if you had an opinion in terms of the assessments that have been made.

I was also quite keen to know, picking up on what you have just been saying about the Calman Commission proposals, if you would have liked to have seen the commission, or perhaps, in our current context, the Bill, go much further in picking up on drivers of GDP, as you said right at the start.

Bill Jamieson: If I may take the second part of the question first—I cannot answer the first part—just to position ourselves here, The Scotsman, as a paper, very much favours going further than the Scotland Bill. We see an intellectual rationale for including corporation tax as part of the legislative change. We believe that because we are very concerned about the state of the Scottish economy and the imperative need for drivers of growth to get us out of this rut that we are in and this period in which the Scottish economy has consistently been under-performing, compared to the rest of the UK. That is where we are in broad principle. That is not to say that we are not attentive to the points I was making earlier about making sure that the detail and the practicality—the engine underneath the bonnet of the legislation—works.

On the first part of the question about the differences in the estimates of how much tax Scotland would have under its power in the legislation, we really are in the hands of expert witnesses and, one hopes, very sharp estimates from the Treasury and the Office for Budget Responsibility, because there is this gap between the estimate of how much tax we raise and how much tax actually comes in.

Q329   Dr Whiteford: That is very helpful. Referring to the first part of your answer, I wonder to what extent you see the Bill as a genuine step forward.

Bill Jamieson: I pause because there is a sense that it is an opportunity missed. There is a very powerful argument for having a much stronger, greater and more serious debate about what Scotland has to do and where Scotland has to go. We have hesitations about whether this legislation is sufficiently powerful of itself to generate and catalyse the debate that has to happen in Scotland. We are not there yet.

Q330   Dr Whiteford: Do you have anything to add to that?

Terry Murden: We are getting into the realms of the issue that I mentioned earlier—into whether this is a drift towards independence. You are getting very heavily into the political debate rather than the economic or the business debate, which is where we came in. One thing that I see is that, whereas the Union parties are behind the Calman Commission pushing a greater transfer of tax powers, when we had an opportunity, as in the large retailers' levy, which was very controversial recently, they all opposed it. On the one hand, there is this push to try to give the Parliament more tax-raising power, but when push comes to shove they all seem to hesitate and not want to go forward with it. I do wonder whether this Scotland Bill might eventually get pushed into the long grass. We may get all of these powers but never actually implement them and the debate will simply rumble on until such time as someone decides whether or not to pull the lever on full independence. How you achieve that is another matter.

Q331   Chair: Obviously, that pleased Eilidh, but could I pick up the point about this being an opportunity missed to have a debate about what happens in Scotland? I think we are allowed to criticise The Scotsman, aren't we? Is that okay? You are not going to report me to your editor, are you?

Bill Jamieson: Feel free.

Q332   Chair: Good. I see that you have a reporter here as well to back you up. You are absolutely right that opportunities have been missed, in terms of having the debate about the future of Scotland, Scotland's business and so on. The Scotsman, along with a number of others, has been guilty of conflating that debate with the constitutional debate and assuming that one is the same as the other. The other day we had before us a representative of the Federation of Small Businesses. He told us that one of the major difficulties that his members have experienced in employing people is of kids being illiterate, innumerate, unable to work in a normal society and all the rest of it. They were insufficiently socialised. The Scottish Parliament has had powers over all these things for some considerable time and they have not been addressed. I wonder about the extent to which The Scotsman is guilty of sloppy thinking in assuming that it is only by the constitutional route that these things are resolved. It is a bit like the Hughes Hallett and Scott view that if you transfer economic powers, growth will come—if you build it, they will come—whereas there is a whole number of areas where the Scottish Parliament has had powers and has not done anything with them. It is grossly negligent.

Terry Murden: If you look at the example of Parliament itself and the trams and other things that it has had the ability to influence, they have hardly been—

Q333   Chair: How can you say that this Bill is a missed opportunity when you are then using as evidence for that the fact that there has not been this general economic debate about whither Scotland? Explain that.

Bill Jamieson: I think your criticism is most unfair, Chairman.

Q334   Chair: And that will be reflected in tomorrow's editorial.

Bill Jamieson: Most unfair. Almost every day we write about all the micro-measures we have to take to improve productivity, output and certainly skills training. Skills are a very big issue, and not just in Scotland, but right across Europe and the advanced economies, as Eilidh will have heard.

Dr Whiteford: Yes.

Bill Jamieson: I do not think that this Administration in Scotland has been remiss in its attention to skills training, because it seems to attract an awful lot of money and attention, but there is no doubt that the report from the FSB that you heard is echoed by other institutions and other parts of civic Scotland that are picking up on this, so please do not think it is just the FSB. That is a big problem.

As for saying that we conflate issues, we certainly do not believe that constitutional change is the key that will magically unlock and bring about a transformation, but we have a very serious concern, particularly as we approach the Holyrood elections in May, that we are hearing from the parties in Scotland very little in the way of innovative thinking about how things can be improved. This is quite depressing.

Q335   Chair: Terry, do you want to add to that at all?

Terry Murden: I think that that is a reasonable summary. Bill talked about this Bill as being the first step—a stepping stone for where we end up. I am not quite sure what journey we are on with this process. I am not sure whether the Scotland Bill is an attempt to grant more power or to try to restrain the Parliament in some way by not giving it exactly what it wants. We certainly will not get a settled will from this, I am sure, and there will be pressure for more change.

Chair: I think we have already talked about this being a process. There are those who assume it is a one-way process. The rest of us see it as being an iterative process, in the way that some powers are being transferred back to Westminster and others are being transferred to Holyrood. Therefore, there will be a constant exchange as people examine these things. Fiona, you wanted to come in.

Q336   Fiona O'Donnell: Yes. Thinking back over the questions that Ian, Lindsay, myself and Eilidh have asked, a lot of them talked about the scope of the debate. In terms of the inquiry we have had at Holyrood, and Eilidh was talking about the claim that the powers would allow the Scottish Parliament to control only 26%, I wonder if you feel that the scrutiny at Holyrood has elevated the debate. I know the paper has been critical of the treatment of some witnesses. You then get Professor Scott saying in his evidence to Holyrood, "We can get close to 20 per cent, if not 25 per cent, but we cannot get 35 per cent. However, we are happy to accept that that might relate to the data set on which we are working, which is disputed." Even if the only conclusion you come to is that if you laid all the economists in the world end to end they would not reach a conclusion, we need this kind of scrutiny and level of debate to ascertain what the opportunities and risks are in this Bill.

Bill Jamieson: I could not agree more. I have to say, as a point of clarification, yes, The Scotsman did express some concern about, if you like, the manners of the Scotland Bill Committee. On the substance, on the interrogation of Hughes Hallett, we thought it was absolutely admirable, and that these points should have been brought out. It was very interesting that when the questions drilled down into the academics that were cited by Professor Hughes Hallett, like Lars Feld, for example, and got into his paper and what he was saying, it was found that he was much more ambiguous about this issue as to whether fiscal decentralisation brings economic growth. He was much more ambiguous about it. It also picked up on other parts of Hughes Hallett's evidence which had been very partial with one economist; he had taken only a partial piece of his research which was drawn from experience of devolution in China and was based on Chinese statistics. Thank goodness we had some forensic analysis of that paper.

Q337   Fiona O'Donnell: So it was the sneering, rather than the substance, that perhaps left a bad taste in the mouth?

Bill Jamieson: Yes, quite.

Fiona O'Donnell: That is very helpful. Thank you.

Chair: So far, you are not complaining about us either, as I understand it.

Bill Jamieson: I don't want to.

Dr Whiteford: You are all smiles.

Chair: So far. The night is yet young.

Q338   David Mowat: Mr Murden, I am interested in your view in terms of the business community. Do you think there is an issue with the level of scrutiny round the settlement that has been arrived at so far, in terms of the Barnett formula, which is thought by many to mean that the settlement that Scotland receives is higher than that in other parts of the UK, which could potentially institutionalise a larger public sector north of the Border and may not be positive to GDP growth as a whole? Is that an issue you have come across?

Terry Murden: The short answer is "not very much". I do not think your average businessman worries about that kind of thing. I do not think it keeps him awake at night.

Q339   David Mowat: That is not an issue you consider, from the point of view of The Scotsman, either?

Terry Murden: It is not an issue that I would get particularly engaged in, no.

Bill Jamieson: I would respectfully disagree. I think that among some of the more thoughtful businessmen there is a worry that over-dependence on—

Terry Murden: I did say "the average businessman".

Chair: So the average businessman is not thoughtful? Right, we have got that.

Bill Jamieson: There is an over-concentration on Barnett, absolutely, and on spending decisions to the neglect of the whole economy. Sometimes I listen to debates in the Holyrood Parliament and I get the sense that they feel that the economy is the Government sector, the public sector.

Terry Murden: But, with respect to you, Bill, this is not exclusive to Scotland. There are other parts of the UK where there is a large preponderance of public sector activity and these issues are of equal concern. We have this imbalance that the coalition is allegedly trying to correct.

Bill Jamieson: Yes, but there is an imbalance.

Terry Murden: Undoubtedly there is an imbalance.

Q340   David Mowat: It is true of other sectors of the UK. The premise of my question, though, was that the settlement, if you like, as a result of a higher level of expenditure in Scotland, may have a displacement in other types of economic activity. But thank you for your answer.

I would like to go back to your point on residency, Mr Jamieson, which you have written about, and your concerns about the way that it is all going to work in terms of how many nights you spend and all the rest of it. I understand that, but what do you see as the alternative?

Bill Jamieson: The alternative is to have very good, watertight legislation and a statutory definition of who a Scottish taxpayer is for the purposes of tax collection and tax assessment. One of the things that the ICAS report picked up, which is quite relevant, is that you cannot split a tax year. In other words, you could spend quite a lot of time working outwith Scotland, but as far as HMRC is concerned, you may be taxed as if you spent all your time in Scotland. Many people would feel that to be inequitable. The whole purpose of having a tax assessment is to arrive at a fair and just assessment of the tax that people owe, and people will pay if they share the feeling that it is a fair and just assessment.

Another issue is to whom the Scottish part of HMRC is accountable. As I understand it, it is going to be like a unitary tax here, which will bring together Holyrood and Westminster tax in one unit. There will not be two separate tax bodies. But I suspect there may be a lot of pressure for the Scottish HMRC end to be accountable to the Scottish Parliament. We are not quite sure to whom this enlarged HMRC would be accountable.

Q341   David Mowat: In terms of your first point, you say there is a need to look for equity and justice, and that is right, but there is always a balance between equity and justice and ease of legislation, in a sense. I can imagine that if you had a statutory definition of a Scottish taxpayer there would be issues around that as well because they are going to move. If it is not based on residency, how would you come up with some kind of statutory definition of a Scottish taxpayer? It seems to me that what is being proposed in the Bill is reasonably pragmatic.

Bill Jamieson: I think that the Institute of Chartered Accountants of Scotland would beg to differ and say that if you proceed down those lines you are in danger of putting into legislation an Act that is open to all sorts of ambiguities and arbitrary routes.

Q342   David Mowat: Ambiguity is relevant to what you have said about the residency days and all the rest of it, but I am having difficulty seeing what an alternative might be or how that could work; that was all.

Bill Jamieson: Surely that is in your hands, because you are the legislators.

Chair: But we seek to be guided.

Q343   David Mowat: Was your second point about reconciliation between the Revenues?

Bill Jamieson: Yes.

David Mowat: I am not sure I wholly understood that. Again, I think how this would work is that an employer would account for the revenue. He will have two boxes on PAYE and one would go to Scotland and one to England and it would be added up and sorted out. I am not quite sure I follow the point that you are making.

Bill Jamieson: I was wondering about the accountability of the HMRC itself. Is it answerable to Westminster or answerable wholly or partly to the Scottish Parliament?

Q344   Fiona O'Donnell: Chair, can I say I see an issue there, given that the Scottish Government is going to pay the bill?

Bill Jamieson: Yes.

Fiona O'Donnell: You would think that if you pay the bill for HMRC's services, there would be some accountability.

Bill Jamieson: Yes. This bill has been estimated at between £45 million and a top figure of about £150 million.

Q345   David Mowat: I think that number is without any impact on business; that is the central number.

Bill Jamieson: One hopes so, yes.

Q346   Fiona Bruce: Good afternoon, gentlemen. I want to go back to creating the right environment for business people to feel confident to do business—to be entrepreneurial and to take risks. You said that you can see benefits or merit in there being greater fiscal devolution, but that is not happening at the moment to the extent of, perhaps, including corporation tax. You said that other things could be done, such as concentrating on skills development, and said that the CBI felt that the Government had taken its eye off the ball in connection with all the micro things that could be done. I would like you to develop that. What else would you like to see happen to give business confidence again?

Bill Jamieson: Gosh. If you look at some of the submissions that have been put in from bodies like the FSB, which you mentioned, the chambers of commerce and CBI Scotland, you will get quite a long list of very familiar things. Just as they present to the UK Parliament, I am sure they raise the same issues with the Scottish Parliament. For example, one issue is on planning and how helpful and useful the system is to the entrepreneur. There has been progress in introducing pre-planning assessments in Scotland to try to speed up what has been a chronically slow system.

If you read today's Scotsman, Mr Chairman, in case you missed it—I hope you did not—you have the example of Penelope Keith; it took her six years to get planning permission for a café. Come on; why does it take so long? It is an extreme example, but there are problems with the planning system and how to make the planning system more efficient and responsive and to speed up the appeals process. That is a big, big issue with business.

There have also been concerns about the Holyrood Administration's changes to the system of non-domestic business rates, which have hit the hotel and leisure sector particularly hard, and there was the recent attempt to introduce an out-of-town superstore tax to raise £30 million for the Scottish Government. It has been called all sorts of things. We even called it a tax on food. The concern of the business community was that, had that gone through, it would have established a precedent for picking off other sectors in just as arbitrary a manner.

Terry Murden: If I could pick up on that, it comes back to what I saying about the Bill; it seems to allude to the opportunity for the Government to bring in new unspecified taxes, as I understand it. There was talk of an aggregates tax, aviation tax and these kinds of things. Those have been suspended for the time being, but the idea of new taxes, which seems to be undefined, will bother businesses because they do not like this kind of uncertainty. They want to know precisely what they will be able to do.

Business, fundamentally, needs to be able to get its goods to market as quickly and cheaply as possible. Anything the Government can do to help it achieve that aim has to be positive. I would add transport to the list of things that Bill mentioned. The transport network is creaking, not just in Scotland but around the country. As a regular commuter on the M8, I know that it can take me two and a half hours to travel 65 miles door to door. It should not take that long. And we still have problems with the rail network. All of that ties in again with the planning system, which is ridiculously slow. The whole process of Government is slow.

Business gets concerned about too much government—being over-governed and having too many processes of decision making. They want things to happen quickly and to get their products to market quickly and not be impeded by bureaucracy, added cost, added taxes and inconveniences that seem to be put in their way at every step. All of these act as a disincentive to invest and develop new businesses. Wealth creation is a big factor that should underpin everything we are trying to do. There is a concern that the powers of tax and so on included in the Scotland Bill will be used by parliamentarians to fund their pet projects and that it will not be for the benefit of the country as a whole, let alone the economy. They will seize on this opportunity, having been given the keys to the candy store, to go and help themselves. We have to make sure there is proper accountability and responsibility among parliamentarians that helps to finance growth correctly. I am not quite sure that the Bill really specifies how it intends to achieve that.

Q347   Fiona Bruce: Thank you. You said that the Scottish economy has consistently been under-performing with regard to the rest of the UK. I would be interested in your analysis of that and also your sense of what I would call the morale of the business sector, which is a very fragile thing. Business people can be cautiously optimistic or, if you like, almost frozen in terms of not wanting to take on any staff. I know that when the recession began the mindset was, "Let's just see if we can survive", and there was absolutely no expansion within that mindset. Where do you think the morale and mindset is now in the Scottish business sector?

Terry Murden: To pick up the "under-performing" bit, Scotland's economy has under-performed compared with the rest of the UK for a good many years. No one seems to be able to break that cycle. There have been odd occasions when GDP growth has been above average, but it tends to be temporary. No one has really found the answer despite all the money thrown at organisations such as Scottish Enterprise and all the other schemes and initiatives we have, and have had over the years. I think it also adds to the scepticism and perhaps impacts on morale among the business community that what we will get as a result of this Bill are yet more initiatives and schemes that will just go round in circles, and that once again it will be back to base.

Q348   Mike Freer: Taking those things in reverse order, if you have an unwieldy public sector, it never grows its productivity to the same degree as the private sector. We have seen that over the last 30 years. If the public sector is too large in Scotland, then clearly it will always under-perform the parts of the UK that have a more balanced economy.

Going back to the almost doomsday scenario you were painting about tax autonomy—businesses closing down because they are over-taxed, over-regulated and over-burdened—I find that quite exciting, because if those people who are paying the bills start to see the consequences of the bills, they might start to challenge those who are levying taxes that are too high. It goes back to what Mr Jamieson was saying: that the debate is imbalanced because the debate is all about spending.

Terry Murden: We have mentioned one example—this large retailers' levy. Once the Parliament has been given an opportunity to raise tax, there is an outcry.

Q349   Mike Freer: Or they could cut it.

Terry Murden: They could cut it, but business tends to believe that they will not.

Q350   Mike Freer: Is that not a good thing?

Terry Murden: Of course it is a good thing. It is a good thing if it does not mean that something is impacted adversely as a result of it.

Q351   Mike Freer: But as the taxpayers start to see businesses closing down and fleeing Scotland because it is a high-tax zone, as we have seen in the federal economies of the States—

Terry Murden: And, with respect, we are seeing it here in this city, where some companies have gone abroad because of high taxes.

Mike Freer: They relocate to a lower-tax area.

Terry Murden: Yes.

Q352   Mike Freer: I appreciate that it could be a doomsday scenario, but the upside is that if the voters of Scotland start to see that the high tax policies of their Parliament are destroying jobs, they might start to challenge their politicians a bit more. Is that not a good thing?

Terry Murden: It is, but then they only have a chance to change it every four or five years. A lot of damage can be done in that time.

Q353   Mike Freer: I understand the doomsday scenario, but I rather see it as an opportunity to challenge the politicians to rein in taxation.

Terry Murden: There is a link between changing the amount of money raised from tax and the revenue risk that you get from that, if you like. As the one goes up and down, there is an impact on the amount you get. I suppose there would be concern that if you cut taxes, where will the revenue come from?

Q354   Mike Freer: The argument is that growth accelerates, so the total tax take increases.

Terry Murden: It is unproven.

Bill Jamieson: Quite right. The balance of opinion in Scotland currently—this may depress you even further—is that it is Government and public spending that generate economic growth, so there is another dimension here of argument to open up, but it is getting off the point. But many people do believe that.

Q355   Lindsay Roy: Is it not also the case that we need to promote social wealth? In particular, I am looking here at cultural change in our education system so there is a much stronger promotion of enterprise initiative within our schools, so that there can be further encouragement to start up businesses. From my experience as a former head teacher, more of that needs to be done.

Bill Jamieson: What you say is absolutely right. However, that does not alter the fact that when people leave school and have the choice, or had the choice up until very recently, of going into business or starting up on their own and going into the Government sector in one form or another the odds are stacked so heavily in favour of taking the Government job route. There is job security, better pay, pensions—everything. The whole thing is just so skewered.

Terry Murden: And once they are in the public sector they are not persuaded to leave it and go into business because it is too much of a risk.

Q356   Lindsay Roy: That is why I mentioned cultural change. An attitudinal change and change in mindset is vital.

Terry Murden: In my view, it is the single biggest reason why we have a low rate of entrepreneurial activity. Certainly, up to now there have been too many people in well-paid jobs—there probably will not be in future—who may have made very good entrepreneurs and might have run very successful businesses, but they are in a comfort zone that they do not want to leave.

Q357   David Mowat: The point I was making earlier when I asked the question was just that. The consequence of the way the settlement works at the moment has precisely the effect on Scotland that you have just set out, which is a displacement effect.

Bill Jamieson: Yes.

David Mowat: It was portrayed as being perhaps a very good thing for Scotland to have a relatively generous settlement—I know that not everyone agrees on this— under the Barnett formula. It causes the impact you describe, which, over time institutionalises a mindset which says that the Government produces economic activity. Actually they are right; in a sense it does, because that is how it works at the moment, and it is very dangerous.

Q358   Chair: To put a slightly different view on it—again, it is always difficult to build points from personal examples—I think of my own children, who worked for a while in the private sector, in the hospitality industry in Scotland. Having been there for a while on the minimum wage, being treated appallingly, they decided, "I'm not staying in that any longer than I can possibly avoid." I can understand why a lot of people get out of the private sector and into the public sector where generally they are treated much better, like human beings, and are not exploited in the way some people are in the private sector. I think there is a balance to be struck. But I come back to the question of corporation tax. I presume that The Scotsman is not campaigning for the Scottish Parliament to get powers over corporation tax in order to increase it.

Terry Murden: No.

Q359   Chair: You are assuming that if the Scottish Government get power over corporation tax they will reduce it. We have had evidence from a number of witnesses who have said that the evidence for saying that immediate cuts in corporation tax will grow the economy is not proven over the short term, and the real danger of devolving corporation tax in Scotland was that Scotland would seek to cannibalise corporation tax revenues across the United Kingdom as a whole, which of course would be better for Scotland. If you are a Nationalist you can understand why you would want to do that, because in those circumstances you would not care about a decrease in corporation tax in England, Wales and the rest of the United Kingdom. Are you not guilty of a bit of superficial thinking here? That is a trite solution, is it not? I understand that you want corporation tax cut, but surely the objective could equally be met by corporation tax from the United Kingdom and it would be much more honest if you just campaigned for a cut in corporation tax rather than say that you want to have the powers transferred.

Bill Jamieson: That is a very good point. You will know better than I the sort of ferment on what it is that should be done to help revive and rejuvenate areas of the economy outside the south-east. It is by no means a Scottish-only problem, as you will well know. All sorts of quite radical ideas are being revisited here about what we can do about the regions to stimulate business activity in the regions. In principle, we are in favour of a reduction in corporation tax for two reasons. First, we think that tax competition in principle is a very good thing. I would imagine that if we ever came close to a situation where there was a Scottish Government that had power to alter business tax or corporation tax, that would be watched very closely across the other nations and regions of the UK and it would encourage tax competition downwards, particularly for the business sector here. That is one argument.

You are right to point out that there is a not proven verdict on the economic evidence for cutting corporation tax. Does it lead to economic growth? It is very difficult to isolate cuts in corporation tax in themselves as generators of growth. The other complicating factor is that in many countries in Europe, particularly Eastern Europe, where there is a flat rate of corporation tax, other taxes are quite high. In terms of the inward investor, there is not a great deal of benefit simply because the corporation tax looks to be at a lower rate when you find that your other taxes are higher. What we would hope is that what comes with the philosophy, if you like, of lower business tax is a lot of other things that are pro-business, pro­entrepreneur and pro-enterprise and that begin to kick-start the culture change you identify.

Terry Murden: Our view on that is that a package of measures, rather than one single measure, is needed. For instance, if you take the situation in Ireland which, as we all know, has had a very low rate of corporation tax, that must have contributed to the growth of the Irish economy. As we know, the Irish economy is now in a mess, but that is not related to the fact that it has a lower rate of tax; it is because of other things that went wrong in the Irish economy. There is a danger of seeing one tax being used in isolation from all the other economic tools that exist. To come back to the Bill, if one of its purposes is to help the economy it has to look at a range of things. For instance, on Sunday we wrote about the fact that a campaign was running to reintroduce enterprise zones, which I understand George Osborne is looking at ahead of the Budget. There is going to be some rivalry about where these new zones may be. You have to look at all the business rates packages.

The differences among the business community on this are notable as well, because the CBI in Scotland does not support changes to corporation tax; it wants a uniform single market for the UK, yet the CBI in Northern Ireland is campaigning for a cut in corporation tax, so even the business organisations themselves are not united on this. As to the entrepreneurs, Jim McColl has singularly been calling for a range of what he calls incentivising taxes or other measures that would help the economy. My view is that, yes, a cut in corporation tax is bound to be a stimulus, but I do not think that in itself it would necessarily help. If you cut corporation tax here and raise the cost of something else here, you merely eliminate the advantage immediately. In the case of Ireland they cut corporation taxes and then recklessly lent money, so they lost those advantages.

Q360   Chair: Your case is slightly more sophisticated, but as I took the position you put forward, Mr Jamieson, you were saying that it was not proven that cutting corporation tax would increase economic growth, but you want it devolved anyway. I do worry—and we are quite entitled to worry—about this question of cannibalisation from the rest of the United Kingdom. You will never be able to beat Bermuda or the Cayman Islands, if it comes to a question of tax competition and where plants will be. I am not sure that that route of competition downwards leads anywhere but madness.

Bill Jamieson: It is very difficult from an academic point of view. If you are an academic and you have been set the test of identifying the factors that stimulate economic growth, it is very difficult to isolate a lower rate of corporation tax in itself as the catalyst. But you will find that in many countries that have reduced corporation tax there is also a set of other business-friendly measures. That is the point.

Q361   Chair: To be fair, that is different, isn't it? We are running another inquiry in parallel with this one. It started before the Scotland Bill inquiry and will run after it, because this is more time-restricted. It may very well be that if we have not upset you too much, we will ask to see you again to try to pursue these sorts of issues.

Bill Jamieson: Yes. You raise another interesting point: the extent to which the debate that we are having here about the Scotland Bill has resonance in other areas of the UK which have very serious economic problems: the north-east, north-west, west midlands and the west of England. They must listen to this debate with a great deal of interest and apprehension, and may well feel, "Why does Scotland get all this attention and focus? Our problems are equally severe and deserving of attention."

Fiona Bruce: Clearly, your politicians are shouting about it.

Chair: Those areas do not have The Scotsman.

Q362   Dr Whiteford: I represent a part of the country where there is absolutely no shortage of entrepreneurial spirit and entrepreneurs. I think we have the highest proportion of self-employed people in the whole of the UK. One of the very real challenges they face is the distance from market. That is one of the biggest barriers to economic growth in my part of the world. I see that day in, day out, with local companies. That has added-on taxation in fuel costs and the massive fuel taxation that goes forward. In a debate about corporation tax, is there a degree of unidentified taxation that we need to offset to create a more level playing field across the UK as a whole? I wonder what your thoughts are on that.

Terry Murden: This is not just a matter of tax. If you are talking about bringing advantage to other deprived areas of the country—

Q363   Dr Whiteford: It is remote, not deprived.

Terry Murden: Remote, okay. Just recently I heard the argument that a six-lane motorway connecting the Highlands with the central belt would unite the country significantly, bring the whole of the north into the central belt, help the growth of that area and unite a country which is quite separated in that respect. This is nothing to do with tax. It is simply the ability to get about easily and the ability to get goods to market more easily. Anyone who wants to take the A9 route and take their life in their hands knows what is involved.

Q364   Dr Whiteford: In that respect, do you think the borrowing powers in the Scotland Bill are adequate?

Terry Murden: I understand that most of what they are being allowed to borrow goes on the new bridge, and there is another £500 million left in the pot, which goes against the National Loans Fund. Whether that is enough, I am not in a position to say. But my point is that you cannot look at just corporation tax or even taxes generally as the only stimulus for the economy. If you look at any of the emerging nations, and even the wealthy areas of the world like the Middle East, China and places like that, what do they do? They build an enormous international airport and power stations, one a week in the case of China, and put in all the infrastructure—road networks—and make sure everybody can get about properly and get to international markets easily, and have the energy that they need. If they do not have enough energy, they go out and buy it from somebody else. They put all their ducks in a row, to use a business expression, to make sure they can get on with the job. It is no good saying, "We'll spend six months talking about changing this little tax here," or "We might put in a bit of dual carriageway over here"; that is just tinkering around. We will not see any step change in the economy if we continue on that path. That is the basic history of the country.

Bill Jamieson: We also have a very rudimentary planning system. I do not think they have the equivalent of Historic Scotland on their back, do they?

Q365   Chair: No, but to be fair, when we are discussing the question of changes in the Scotland Bill, you mentioned earlier delays on the M8. That has been devolved for ages; the same is true of the question of the A9. All of that has been devolved for ages. As to power stations, there is devolved power over planning, yet we have stations being blocked. It is not, in a sense, a constitutional settlement that is required to deal with these issues, is it? This is a question of a wider debate about Scotland that has been, as it were, overwhelmed by a debate about constitutional tinkering.

Terry Murden: Exactly, but if you go right back to the beginning of this conversation, in my view businesses will be more concerned to see the M8 turn into a six-lane motorway than about the academic arguments about certain issues in this Bill. Fiscal autonomy may be somewhere out there. For a start, they are not quite sure what it is, but what they do know is that when they are stuck in a traffic jam, that causes them a problem in getting their business done.

Q366   Mr Reid: There are two other taxes that have been devolved in the Bill, landfill tax and stamp duty. Has the business community said anything about that? Is it worried about it? Does it think it is a good idea, or is it apathetic?

Terry Murden: Only inasmuch as those are things that the ones who want to see a greater range of taxes devolved have included on that list.

Q367   Mr Reid: Is the feeling that there should be more taxes?

Terry Murden: No. There is no consensus. If you speak to Iain McMillan at the CBI, he will say that he is delighted that there are no plans to move corporation tax, employment law, company law and all that kind of thing and that they will continue to be reserved matters.

Q368   Fiona O'Donnell: One thing that sometimes gets missed is that the Bill proposes the Scottish Parliament can raise new taxes. Only two out of the four made it into the Bill. Is there concern about that?

Terry Murden: Yes. As I said earlier, this imponderable power to create new and unspecified taxes leaves people feeling slightly uncertain about what they might be. The worry among business people is that as soon as the politicians, with all due respect, get a chance to exercise power over tax, they may well raise those taxes.

Q369   Fiona O'Donnell: That is after 11 years of the Scottish Parliament having the power to vary income tax, and it never has done.

Terry Murden: Exactly. They have not used it.

Fiona O'Donnell: They are still concerned?

Terry Murden: And the powers they have had have been used in such a way that people feel there is no tremendous track record. We have seen £500 million poured into the Edinburgh trams, which is deemed to be a waste of money. There is a concern that if they are given power over even more expenditure, they will waste it likewise.

Q370   Fiona O'Donnell: Is there something essentially different about politicians in the Scottish Parliament? I am not quite sure where this argument goes. Is it just "Do not let politicians deal with taxation," or is there a particular distrust of the Scottish Parliament?

Terry Murden: You have to look at the track record of the Parliament; it has not exactly covered itself in glory with these things, has it?

Q371   Fiona O'Donnell: With things like the trams, specifically?

Bill Jamieson: It may come back to the fundamental argument for having the Scotland Bill. If you give the Scottish Parliament the responsibility for having to raise 26% or 35% of the revenue in taxation, the theory is that there will be a better, more informed debate about public choices on spending and taxation. I do not know whether the tram system fits into that, because long after the thing went through and was approved all sorts of problems were discovered with utilities that nobody anticipated. Basically, the argument is: you will get a better debate, a more informed Parliament and a better quality of decision making.

Q372   Fiona O'Donnell: Do you think that the supermarket tax is an example of an informed debate and Government listening?

Terry Murden: I think it is, yes.

Bill Jamieson: It was a very well informed debate, because the tax was defeated.

Terry Murden: It is curious that the parties that propose transferring more power and responsibility are the ones who opposed the large retailers' levy. We have a slightly odd situation there.

Q373   Chair: Are there any points that you want to leave with us, or answers that you have prepared to questions we have not asked? Do you want to attack us on anything? Have we treated you outrageously, or are you entirely happy? So the editorials tomorrow and at the weekend will not reflect badly on us, and my mother will not feel any obligation to disown me or anything like that? Is that true?

Terry Murden: We will have a meeting outside to debate that.

Bill Jamieson: Feisty but fair is our initial summation.

Chair: Fine. On that happy note, thank you very much.

Bill Jamieson: And if you want to get a letter into The Scotsman, just give me a ring and I will do my very best.

Chair: Indeed. Thank you.


 
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