My Lords, you will recall that under the business rates retention scheme introduced in 2013-14, local authorities typically keep up to 50% of the business rates collected from local ratepayers. The actual amount retained by the authority depends on its local share, the amount that it pays or receives as part of the redistribution arrangements—its so-called tariff, or top-up—and ultimately whether it pays a levy on its growth, or receives a safety net payment because its business rates income has declined.
While the complexity of the rates retention scheme can sometimes be quite daunting, the underlying principle is really very simple. It allows local authorities, for the first time since 1990, to keep a share of the growth in their local tax base, over and above the resources they get from central government. However, there is another way in which local government can benefit from the rates retention scheme: through the designated area arrangements.
The Government can designate a discrete geographical area in which the rates income, or some part of it, is ignored for the purpose of tariffs, top-ups, levy and safety net. Instead, the rates income is retained in its entirety by the local authority. Since 2013, the Government have created over 200 designated areas, most as part of enterprise zones. In such areas, authorities have been permitted to keep all the growth in their business rates for a period of 25 years, the additional business rates income being used by authorities and their local enterprise partnerships to help the regeneration of those areas. Other designated areas have been set up specifically to allow authorities to keep all the growth in business rates, to create an income stream against which authorities have been able to borrow for specific infrastructure improvements. In total, between 2013-14 and 2019-20, authorities have kept an additional £237 million from designated areas, which has been used to provide improved infrastructure and to support regeneration more generally.
The regulations create a new designated area in Teesside, that of the South Tees Development Corporation. Once the regulations are in force, Redcar and Cleveland Borough Council and the Tees Valley Combined Authority will keep all the growth in business rates for a period of 25 years. This development corporation site is the first mayoral development corporation outside London and was inspired by the independent report of the noble Lord, Lord Heseltine, in June 2016. In covering the industrial area that had been blighted by the liquidation of the SSI steelworks, he foresaw the development opportunities that would be afforded by this 4,000-acre site on the south bank of the River Tees, a site with good road and rail access, and sitting alongside one of the deepest ports on the east coast of the United Kingdom. He recommended the establishment of the South Tees Development Corporation and advised the Government and local partners to put the relevant resources in place to realise this goal.
My Lords, I thank the Minister for his clear and cogent explanation. I realise that these are very technical regulations to designate, for the purposes of non-domestic rates, an area in England, including for the admirable objectives that he described, such as in Cleveland. However, I want to press him about the wider plight of our town centres, as I did last month. Their decline has been drastically accelerated by the Covid-19 crisis and the acceleration of online shopping.
It is no good leaving this to market forces. If that is the Conservative Government’s stance, we might as well say goodbye to town centres, which have for generations, if not centuries, been the centres of community and business life. Commercial and online pressures and changing lifestyles have been accelerated by the pandemic. Business rates and rents have a critical role to play here. Of course there are different exemptions, suspensions, and reliefs for business rates, but that is sticking plaster. We need a much more radical and comprehensive solution to this problem, or our town centres will simply die.
To keep town centres viable and vibrant, they must be supported with UK government non-domestic rates subsidies designated for local government and transferred through the Barnett formula to devolved Administrations as well. That support must be long term, if not permanent, to incentivise retail and hospitality outlets to locate in town centres. Currently, town centre businesses are being killed by unfair competition, high costs, high rents, and high business rates. This is not the fault of local authorities across the country. After savage Conservative government cuts during the past 10 years, of about 30% in many respects, local councils do not have the funding or the legal basis to subsidise town centre enterprises in the necessary way.
Crown post offices have closed, some backed into local branches of WHSmith, but how long will those WHSmith branches survive in our town centres? Local bank branches have also been rapidly disappearing. The Government need a completely new agenda. Business rates should be completely scrapped for microbusinesses in town centres, along with rents. Instead of Government Ministers passing the buck to local authorities, the Treasury should step in and take responsibility. Rejuvenating town centres would also reduce our carbon footprint and end the throwaway culture. The Government should promote a regeneration of repair skills and facilities in town centres through skills support packages.
My Lords, I also welcome these regulations and the narrow spectrum that they contain, but I want to address the wider issues that business rates inflict on business in this country, particularly with regard to the needs of revival following the pandemic. While these regulations provide a system for incentivising growth and encourage local government to take steps to promote business growth, they will not serve every cash-strapped council in the short term. The effects of the pandemic and lockdown have shown how challenging our present business rate system is and how fragile a tax it is.
One of the first incentives that the Government provided to business during the pandemic was a business rate holiday, and rightly so. Given the extent of the lockdown, this is acting as a real drag-anchor on our town centres, which are now facing a much smaller retail offering moving forward. Fixed business rate taxes act as a discouragement to newcomer shops and enterprises. Our town centres will need a rethink if they are to survive as hubs for our communities.
Equally, the universality of business rates and their inherent weaknesses will undoubtedly lead to slower town centre recovery in the poorer parts of the country. Boarded-up shops will be more of a feature if large steps are not taken now to revitalise our town centres. The retail and community offer in our centres must be given the right incentives if they are to re-establish these as places to which people want to go. Our business rates system is simply not fit for purpose for this to happen.
The crisis facing our high streets and the burden business rates place on companies compound the problems that we have with this tax. Business rates, by taxing the value of a business’s machinery and premises, are a tax on investment itself. The result is a higher bill for the ambitious entrepreneur who decides to expand factory space or add solar panels to the roof and a lower bill for the speculative landowner who chooses to leave their commercial plot derelict or unused. The replacement of business rates with a new tax based solely on land value and paid by landowners, would remove the existing disincentive to invest. It would also spare millions of small businesses which rent their premises the unhelpful administrative burden of business rates.
My Lords, in most areas of government, when the political decisions for actions to be taken are made, the process boils down to one of money coming in and then that money being committed or spent centrally or locally. In some areas, the process becomes very complicated and can lead to high levels of dissatisfaction and disagreement. These regulations, which appear in principle—as my noble friend the Minister has said—to be very simple, in fact form part of the whole debate on the financing of local government, the very relationship between central and local government, and the way in which businesses large and small contribute to the cost of local and national services.
Business rates are controversial, and substantial reform is overdue. In the meantime, as a result of the current Covid crisis and the inability of many businesses to trade profitably if they can even continue at all, the extra burden of non-domestic rates has rightly been recognised in short-term relief for businesses in the hospitality, leisure and retail sectors with rateable values of less than £51,000. I hope that the Chancellor will have more to say and to offer on this subject in his Budget Statement.
We saw a number of changes in the way business rates were levied and spent in the Local Government Finance Act 2012, when normally 50% of monies could be retained by the local authority as opposed to being remitted to the Treasury. However, the Government are committed to a much wider reform of business rates. In its 2019 election manifesto, the Conservative Party promised to reduce business rates and to fundamentally review the whole basis of these charges. Since then, the Covid crisis has hit business hard, so a change in the basis of charging rates is urgently required. We have been promised a revaluation of rates from 2023, which luckily will be based on property values of April 2021, so it will reflect the impact of the present crisis. This is welcome, but in the meantime we are now extending a localisation of control of the rate income by this measure before us today.
My Lords, I thank the Minister for introducing this statutory instrument in his normal straightforward way. I take the opportunity to pay tribute to my noble friend Lord Heseltine for his tireless efforts on behalf of this country. His farsightedness brought new life to Liverpool, and it is great to see that it will now do the same for the Teesside area, where it is certainly much needed.
As the Minister said in introducing the statutory instrument, the complexity of this scheme can sometimes seem daunting. I certainly felt that way on reading this legislation and the related documents. Therefore, would it be possible to simplify the legislation? One would imagine so. If so, can the Minister undertake to ensure that his department will do so?
I have two more general observations to make on the business rating system. The noble Lord, Lord Hain, spoke very eloquently about the problems that our town centres now face. They were bad before Covid; they are infinitely worse now. What will revive those town centres? Back in 2011, Mary Portas, an authority on retailing, was commissioned to write a report. She came up with a very detailed document that made specific proposals running into the teens, but, as far as I can make out, very few of them have been followed up in any detail at all.
Will the Minister revisit the Portas report and some of the very interesting ideas put forward in it? For instance, she suggested that there should be super-business improvement districts, with new powers to change an area and the planning that goes on within it. She suggested that it should be made much easier for individuals to set themselves up as market traders. Currently, there are so many regulations governing how our markets work that people face almost daunting obstacles in what should be a very simple business and which has, in the past, been a way of producing very successful retail businesses that have brought new rates into an area. Is there a central register of what works in a local authority area to enable it to generate more business rate income?
My Lords, I thank the Minister for his introductory remarks in presenting the statutory instrument.
These regulations form part of a scheme to allow local government to retain a share of non-domestic rates, to be shared between central and local government, with 50% each. As a former local councillor for 37 years, I know how important rates are in providing local services. The Government previously identified a number of geographical areas designed to help job creation and encourage growth. I appreciate that this system applies only to England and Wales, but the 50:50 split of rates income between central and local government is generally mirrored in Northern Ireland.
I acknowledge that these regulations do not extend to the Province, but I share their overriding aim to provide flexibility and support for local councils, enabling them to promote economic development via the rates system. Belonging to a pro-business party, my colleagues have previously outlined our support for devolving to local councillors the powers and ability to lower business rates in their council areas by up to 3%. We also want to enhance the small business rate relief scheme and maintain industrial derating.
Ultimately, these regulations promote and encourage a rates-based growth strategy in designated areas of local government. This is certainly something on which I want to see a greater emphasis in Northern Ireland, and my colleagues in the Executive are seeking to take this forward. New developments and new businesses can boost the income of local councils and generate growth. Therefore, the business rates base should be a key driver.
The recovery from Covid-19 must have at its core an emphasis on skills and productivity, backed by infrastructure investment. A business rates system which is fit for purpose and allows the economy to grow and evolve is therefore essential. Higher rates bills are not only a barrier to business creation and growth, but a harmful impediment to existing firms. Rates reforms can remove these obstacles to growth and place the future of businesses that are under threat from the chaos of the pandemic on a more stable footing.
4:57 pm
Baroness Gardner of Parkes (Con) [V]
My Lords, I know that the scheme is welcomed by many local authorities as a way of getting money back into their areas by means of development and reinvesting locally. It is very much to be commended for that.
I inquired of staff in the House of Lords Library how many designated areas had been granted and for how long, and I thank them greatly for their excellent assistance in this. It was fascinating to see the range of places covered, the sums involved and the length of time granted. However, it gave me pause to ask about two aspects.
First, how does the Minister determine how long an area is designated for? I see that Birmingham city centre, which was designated in April 2013, was given 33 years, whereas Mersey Waters in Liverpool was designated for only 25 years, and the London zones of Croydon and Brent Cross for only 16 years and 12 years respectively. Can the Minister explain why some are granted such short periods and others so much longer, or does that reflect the period applied for by the local authorities?
My second question relates to how many applications are refused. As with any such applications, a great deal of work will go into preparing these and, over the years, I have known of too many cases in which the Government of the time encourage applications and then refuse to approve any, or many. I hope that this is not the case here. When a previous inquiry of this type was sought in 2011, the then Minister in another place would not disclose the number of unsuccessful applicants. I hope that the number of applicants is high and the percentage of refusals low. In either case, it must be clear in advance what is required and why an application is to be refused. Like other Members of this House, I too recall the effectiveness of the work of the noble Lord, Lord Heseltine, in Liverpool. We have something to build on in so many places in this country, and we should be doing it.
5:00 pm
Lord Bhatia (Non-Afl) [V]
My Lords, this SI has been prepared by the Ministry of Housing, Communities and Local Government. These regulations form part of the scheme for local retention of non-domestic rates. Their purpose is to designate an area in relation to which a proportion of the non-domestic rating income raised is to be retained in its entirety by the local authority in whose area the designated area falls and shared by that authority with its combined authority.
The department has reached this view because it considers that the primary purpose of the instrument relates to local government finance, which is within the devolved legislative competence of each of the three devolved legislatures. The territorial extent of this instrument is England and Wales. These regulations form part of the scheme to allow local retention of the non-domestic rate scheme which was introduced on 1 April 2013 to give local government a direct share of the local non-domestic rating income and thereby an incentive to promote local growth. This replaced the previous scheme whereby non-domestic rates were collected by local authorities, paid to central government and redistributed back to local government via the local government finance report.
As part of their policy to deliver growth, the Government have previously identified a number of geographical areas designed to help create jobs and businesses in areas of economic opportunity. They will do this by giving businesses the right conditions for growth, creating public and private partnerships and encouraging competition to attract foreign inward investment. In these areas, the Government have allowed local authorities to retain 100% of the growth in non-domestic rates. This provides a powerful incentive for growth.
Can the Minister say whether there is a monitoring process in place to ensure that local authorities use these funds for business growth and not for other purposes?
5:03 pm
20 of 26 shown
The designation of this special economic area is part of that financing plan—part of a masterplan that will see new investment on the site and the creation of an additional 20,000 new good-quality jobs on one of the largest development sites in Europe. It builds on central and local government investment to initially deal with the legacy of steel-making and ensure that the site was kept safe and secure, before working with local, national and international investors on what market opportunities are most relevant to the site. The development corporation secured ownership of the developable land through agreement and a compulsory purchase order, bringing order to a piecemeal and incoherent situation, and allowing developments at scale.
There is a healthy pipeline of investment interest in place, and the provisions of this statutory instrument will ensure that, as the land is developed and new industries emerge, part of the business rates income will be reinvested in site development. It is a virtuous circle, where success in investment will bring resource to accelerate the development of the site. The regulations provide that the designated area will come into force only after the Government are satisfied that Redcar and Cleveland Borough Council and the Tees Valley Combined Authority have put in place arrangements that ensure that the money they keep as a result of these regulations will be used solely for the benefit of the South Tees Development Corporation.
To that end, the Government have negotiated a memorandum of understanding with Redcar and Cleveland Borough Council and the Tees Valley Combined Authority which will ensure that there are clear revenue-sharing arrangements in place, protecting the finances of the local authority and enabling funding to be released for the development of the site. This will be signed as soon as Parliament agrees to the regulations, and will enable the designated area to come into existence on 1 April 2021. From that point, all growth in business rates will be shared 50:50 between the council and the combined authority.
Growth will be measured exactly as in other designated areas. Schedule 2 provides details of that measurement. When in any year the business rates income in the designated area is greater than a baseline amount, set out in Schedule 1, the council and combined authority will keep 100% of the difference. The baseline amount—a little over £7 million—has been set by Redcar and Cleveland Borough Council. It represents the annual amount of business rates that it would expect to collect in the designated area at this point in time. As the regeneration of the development corporation increases, the council and combined authority will keep every pound of the collectible business rates above that £7 million baseline. This will be reinvested in the area, generating still further growth.
These are important regulations. They will provide additional funds over an extended period, allowing the council and the combined authority to invest in the regeneration of South Tees. I commend them to the House.
That means ending our society’s obsession with low personal tax. If we want a decent quality of life in town centres, which everyone says they do, we have to be prepared to pay for it. It is not going to happen on its own: market forces and commercial pressures will not resolve this problem. Treasury funding, provided through local councils, is necessary to regenerate and revive our town centres, and I hope that the Minister will seriously take up this option and encourage the Government to act before our town centres die. In that context, I support this order, but I think that a wider, more fundamental strategy is needed.
Business rates have become an unacceptable drag on our economy. This system is a tax on productive investment at a time of chronically weak productivity growth and a burden on a high street struggling to adapt to the rise of online retail and the impact of the pandemic. Because of the highly unequal way in which land values currently exist, a land tax of this sort would significantly reduce business taxes in the poorest parts of the country, helping bring about the regional rebalancing that is so badly needed. By taxing only land, and not the productive capital above it, it would remove a major disincentive to investment, boosting productivity and accelerating the UK’s recovery.
The business rates retention policy in these regulations, of sharing between central and local government—and solely within local government in this case—and providing local councils with extra cash to promote growth, could work equally well under a land value taxation scheme. Any growth in revenue could still accrue to the local authority alone. Therefore, although I agree that these regulations can serve us well as a policy in a period when growth is possible and likely, I encourage the Government to consider a new system altogether which would stimulate growth and encourage endeavour rather than just taxing it.
This benefits Tees Valley Combined Authority and Redcar and Cleveland Borough Council. As my noble friend the Minister has indicated, it allows the retained monies to be used in the designated area where the need is greatest and where local economic growth is most required. That is a good thing. The establishment in certain parts of the country of mayoral combined authorities with specific spending powers and, in particular, the emphasis on local economic growth has clearly required new funding arrangements. Although these regulations are dealing only with any income arising from the growth of rate returns, in this one designated area, those sums will be totally at the disposal of local government. As this money will be shared 50/50 between the local authority and the mayoral combined authority in the area, I hope that the required memorandum of understanding between the two, which has been referred to, will be a really co-operative and positive statement and an encouragement for greater economic activity, and will allow the designated area to be confirmed in April, as suggested.
Memoranda of understanding are being ever more utilised as precursors for more solid agreements, as has been demonstrated in our recent UK trade initiatives. While always well intentioned, they do not always result in long-term satisfaction. Moving more of the monies received into the hands of local democracy is very important and it is, of course, not a substitute for thorough reform. We await that reform with great interest.
I am assuming that regulations similar to these will be put before us for other areas where a mayoral combined authority and local authorities are working together, and that this will include West Yorkshire, which moves to a new status soon. Can my noble friend the Minister confirm that this will indeed be the formula for all such combinations in the future as devolution proceeds? When the proposed revaluation is completed, will further changes be made to support business even more with the hope of economic enhancement, job creation and a lessening of the burdens on business as we emerge from the present crisis?
It is clearly beneficial to an area to have thriving businesses that will generate the income that they will then be able to use, as the Minister said, to improve infrastructure and the area generally. Would it be possible, if it is not done already, for central government to investigate what initiatives work? Does a town centre management scheme, for instance, bring new life into an area? Can educational initiatives be introduced locally that will, before very long, bring new business rates into an area? I would like to see government be proactive on this and would be grateful if the Minister would say whether he thinks that that sort of initiative is possible.
Finally, I echo the words of others in this debate. It is absolutely imperative that the business rates holiday, which was very speedily granted in the wake of Covid and the devastating effect that it had on our high streets, is extended in the Budget. Can the Minister give us any assurance on that?
I am also mindful that the charitable relief from non-domestic rating has been a vital lifeline for faith-based organisations and for the community and voluntary sector. Any strategy for spearheading the recovery from the ravages of Covid-19 must not neglect these groups, as their operation has already been severely disrupted.
In conclusion, I agree with those who have emphasised the necessity of a specific plan to revive our town centres and high streets. I trust that the Government will give us a positive lead on that.