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UK PARLIAMENT · SITTING

Jesse Norman

MP for Hereford and South Herefordshire · Conservative · United Kingdom

IN THEIR OWN WORDS

In view of the new Prime Minister’s spending priorities, it now seems highly unlikely that the ruinously expensive current plans will be put to the House before the end of this year. Seven months have already passed with no action.

BUSINESS OF THE HOUSE · 2026-09-03 · READ IN HANSARD

10 North have real spending powers of its own? If the answer is yes, then this will be a new kind of cross-departmental Ministry—perhaps a territorial Ministry, like a regional Government but with no defined scope or mandate. We will need to see the legal instruments delegating Treasury authority and functions to it.

BUSINESS OF THE HOUSE · 2026-09-03 · READ IN HANSARD

I rather fear that, given our longevity and at least the level of banter on the Government side of the Dispatch Box, we will be seen over time as the Morecambe and Wise, or perhaps the two Ronnies, of British politics.

BUSINESS OF THE HOUSE · 2026-09-03 · READ IN HANSARD

The past few weeks have brought news of the deaths of Dolly Parton, Tim Curry and Wendell Berry. I am sure that many colleagues will share my sense of shock and sadness at the loss of those extraordinary figures, but also give great thanks for their lives. Truly, we live in a world of change.

BUSINESS OF THE HOUSE · 2026-09-03 · READ IN HANSARD

10 North will not have spending power of its own, then ultimately the Treasury and the Chancellor will continue to sign off on its public spending and on any taxing matters. Decentralisation is really important, but No. 10 North will not be a means of decentralisation in this scenario; it will be just another layer of Government.

BUSINESS OF THE HOUSE · 2026-09-03 · READ IN HANSARD

But we are not going to cast nasturtiums, in the words of a friend of mine, on any of this nonsense—not even on Baroness Lloyd and the hopeless Building Digital UK, who have entirely failed to address the issue of fibre broadband in neglected parts of my constituency and simply repeated the same language of incompetence and failure to me…

BUSINESS OF THE HOUSE · 2026-07-16 · READ IN HANSARD

The complete record

Every one of 5,414 lines we hold for Jesse Norman, in date order, each linked to its source. Free to read, in full, without an account. Page 26 of 109.

  1. The suggestion that promoters are being allowed to do just anything is quite wrong. If my right hon. Friend had looked closely at the current Finance Bill, he would have seen a range of measures in that Bill alone aimed at preventing the promotion of tax avoidance schemes and at the disclosure of tax avoidance schemes, as well as other measures. HMRC takes such issues extremely seriously, and that is why the avoidance tax gap fell from £3.7 billion in 2005-06 to £1.7 billion in 2018-19—a fall of more than 50%.

    LOAN CHARGE: PROSECUTIONS · 2021-04-27 · READ IN HANSARD

  2. I thank the hon. Gentleman for his question. As he will know, we have covered this quite extensively in this debate so far. The self-employed scheme is very wide ranging and comprehensive. We have worked very closely with groups representing those who believe they have been excluded from the schemes—I have personally met many of them—and we have tried everything we can to incorporate them. We continue to engage with them, and we take the issue very seriously.

    TOPICAL QUESTIONS · 2021-04-27 · READ IN HANSARD

  3. My hon. Friend is absolutely right. I salute the people of Carlton and I rejoice in the businesses of Mapperley. I encourage businesses across the constituency of Gedling to take advantage of the Government’s unprecedented package of support, including the £5 billion-worth of grant support that the Chancellor announced at Budget, which is providing a lifeline for businesses as they relaunch their trading safely.

    TOPICAL QUESTIONS · 2021-04-27 · READ IN HANSARD

  4. However, those firms also received a benefit at the point of transition to the new £1 million level of the AIA, and therefore the amendment would not, in our judgment, be fair. It also risks encouraging some businesses to delay investment, which many would not think is in the public interest at present. I therefore urge the Committee to reject the amendment. Overall, the clause and the measure it will constitute were warmly received by businesses at the end of last year as part of the Government’s desire to support business during the pandemic.

    FINANCE (NO.2) BILL (FIRST SITTING) · 2021-04-22 · READ IN HANSARD

  5. It is interesting that Chris Sanger, head of tax policy at EY, said that this measure “will be particularly helpful for UK manufacturing at a time when, thanks to the announcement of a vaccine, business confidence is returning.” Amendment 15, tabled by Opposition Members, seeks to change long-standing arrangements that manage the transition from one level of AIA to another. It is important to note that the current arrangements have been used by the Finance Acts of 2011, 2014 and 2019. They are familiar and well understood, and any change would create additional cost for businesses. The change proposed would also give a benefit to a small subset of firms that have a chargeable period that straddles the date at which the AIA reduces to £200,000.

    FINANCE (NO.2) BILL (FIRST SITTING) · 2021-04-22 · READ IN HANSARD

  6. The measure that will be enacted by this clause was announced in November 2020. The changes made by clause 15 will apply across the UK. The £1 million AIA cap covers the plant and machinery expenditures of more than 99% of all businesses. There were a forecasted 24.9 million AIA claims in 2019-20, compared with 18 million when the cap was last at its £200,000 limit. The higher AIA cap provides businesses with more up-front support, encourages them to bring forward investment and makes tax simpler for any business investing between £200,000 and £1 million. Extending the AIA cap to £1 million supports business confidence at a time when covid-related economic shocks have severely dampened business investment.

    FINANCE (NO.2) BILL (FIRST SITTING) · 2021-04-22 · READ IN HANSARD

  7. What a pleasure it is to serve under your chairmanship, Sir Gary. I look forward to many happy hours of digestion and deliberation on the Finance Bill in Public Bill Committee. Clause 15 temporarily extends, as the hon. Member for Glasgow Central mentioned, the increased annual investment allowance of £1 million until 31 December 2021. If I may, I will give some background and then address the amendment. The annual investment allowance, or AIA, provides businesses with an up-front incentive to invest. It allows them 100% same-year tax relief on qualifying plant and machinery investments, up to an annual limit, and simplifies tax for many taxpayers. The summer Budget of 2015 set the permanent level of AIA at £200,000 from 1 January 2016. At Budget 2018, the level was temporarily increased to £1 million for two years, from 1 January 2019.

    FINANCE (NO.2) BILL (FIRST SITTING) · 2021-04-22 · READ IN HANSARD

  8. I therefore move that the clause stand part of the Bill.

    FINANCE (NO.2) BILL (FIRST SITTING) · 2021-04-22 · READ IN HANSARD

  9. The measure will affect leases where a relevant change in consideration is implemented between 1 January 2020 and 30 June 2021. It is an easement, restoring eligibility to claim capital allowances to the position as originally intended immediately prior to the date of the change in consideration due under the lease. If not deemed appropriate, either party may choose not to apply this treatment, ensuring that no one will be left worse off by the change. The Government expect that the services, construction, manufacturing and agricultural sectors, in particular, will be positively affected by the changes. The measure is important in assisting businesses that have been badly hit in their legitimate activity by the effects of the pandemic and in ensuring that they are not struck by unexpected tax charges.

    FINANCE (NO.2) BILL (FIRST SITTING) · 2021-04-22 · READ IN HANSARD

  10. The clause makes provision for an easement for plant and machinery leases caught by anti-avoidance legislation when extended due to coronavirus. The easement has the effect of turning off the anti-avoidance legislation under specific circumstances. The reason for that is that HMRC has identified an issue where some plant or machinery leases could be adversely affected by the Government’s anti-avoidance legislation. This relates to specific circumstances where a lease is extended due to covid-19, and creates unexpected and unwelcome outcomes for many lessors and lessees. Therefore, at the Budget, the Government announced changes to ensure that the anti-avoidance mechanism is not unnecessarily triggered by legitimate commercial activity.

    FINANCE (NO.2) BILL (FIRST SITTING) · 2021-04-22 · READ IN HANSARD

  11. The Government publish information every year on the tax gap, including that part of it relating to tax avoidance and evasion. That kind of information is already in the public domain. The tax information and impact note for the measure before the Committee already indicates its expected effect on tax yields. I therefore do not believe that a review is necessary, and urge Members to reject the new clause. The policy overall will support businesses by providing accelerated relief for losses in the form of a cash refund of tax paid when times were good, to help them to continue trading through this difficult period.

    FINANCE (NO.2) BILL (FIRST SITTING) · 2021-04-22 · READ IN HANSARD

  12. I recognise that there is currently an incorrect reference to UK furnished holiday lettings businesses in the Bill as introduced in the House. That was included because UK furnished holiday lettings businesses are treated as trades for the purpose of part 4 of the 2007 Act, which relates to loss relief. However, as those businesses are not entitled to make the necessary claim for the existing loss carry-back relief, they cannot claim the extended relief. I have therefore tabled amendment 16 to remove that reference, and thus make the Government’s intention clear. I therefore urge the hon. Member for Glasgow Central not to put amendment 2 to a vote. New clause 10 would require the Government to review the impact of clause 18 on levels of tax avoidance, tax evasion and tax revenues.

    FINANCE (NO.2) BILL (FIRST SITTING) · 2021-04-22 · READ IN HANSARD

  13. Groups will need to allocate the £2 million cap across their companies, but in order to maintain the simplicity for smaller businesses, companies intending to carry back less than £200,000 of losses will not be subject to this requirement, and nor will unincorporated businesses. Amendment 2 seeks to amend section 127(3A) of the Income Tax Act 2007 to allow for the extended carry-back rule to apply to losses incurred in UK furnished holiday letting businesses. However, the relief granted in the Bill is an extension of relief for businesses that already qualify for loss carry-back relief. There is no intention to make loss carry-back relief in its current or extended form available to other businesses.

    FINANCE (NO.2) BILL (FIRST SITTING) · 2021-04-22 · READ IN HANSARD

  14. The changes made by clause 18 and schedule 2 will extend the loss carry-back facility from one year to three years. Unincorporated businesses will be able to carry back up to £2 million in trading losses incurred in each of the tax years 2020-21 and 2021-22. Incorporated businesses can carry up to the same amount of losses incurred in accounting periods ending in each of the financial years 2020 and 2021. HMRC expects around 130,000 companies to be in a position to take advantage of the policy and to receive additional relief for their trading losses. It is also expected that over 99% of claimant businesses will be unaffected by the overall cap. The clause and the schedule also include provisions to ensure that the cap is applied proportionately across businesses and groups.

    FINANCE (NO.2) BILL (FIRST SITTING) · 2021-04-22 · READ IN HANSARD

  15. In the 2021 Budget, the Government announced that they would increase the flexibility of the UK’s loss regime in order to provide additional cash-flow support to businesses. Currently, a business that incurs a trading loss over the course of its accounting period is able to carry that loss back to be relieved against taxable profits in the previous year. There is no limit on the value of losses that may be carried back to reduce last year’s profit. That is in addition to businesses’ ability to use losses to offset in-year profit or to carry forward against future years’ profit. We are temporarily extending that one-year loss carry-back rule to three years to support business cash flow, giving businesses greater flexibility to monetise their losses sooner, rather than carrying them forward to offset against profit in future years.

    FINANCE (NO.2) BILL (FIRST SITTING) · 2021-04-22 · READ IN HANSARD

  16. I thank the hon. Member for Ealing North for his remarks in support of the previous clause. Clause 18 and schedule 2 make changes to the loss relief rules for businesses by extending the loss carry-back rule from one year to three years for corporation tax and income tax. The change will provide previously profitable businesses that have been forced into loss with extra flexibility to carry back up to £2 million of losses against historical profits and achieve an additional tax refund to help them to continue trading through this difficult period. I note that the measure has been welcomed by both the Institute for Fiscal Studies and the Chartered Institute of Taxation.

    FINANCE (NO.2) BILL (FIRST SITTING) · 2021-04-22 · READ IN HANSARD

  17. Schedule 2 Temporary extension of periods to which trade losses may be carried back Amendment made: 16, in schedule 2, page 101, line 34, leave out sub-paragraph (5).— (Jesse Norman.) This amendment clarifies that relief under Part 1 of Schedule 2 to the Bill is not available to a furnished holiday lettings business that is treated as a trade under section 127 of the Income Tax Act 2007. Schedule 2, as amended, agreed to. Clause 19 R&D tax credits for SMEs Question proposed, That the clause stand part of the Bill.

    FINANCE (NO.2) BILL (FIRST SITTING) · 2021-04-22 · READ IN HANSARD

  18. I apologise if the legislation has inadvertently misled her, and I hope on that basis that she will not press her amendment. On the interaction with universal credit, the key point I would make is that this is a change designed to provide businesses with flexibility. Universal credit is a cash flow-based benefit, and rightly so, because it intends to track people’s cash flow as it rises and falls in receipt of the benefit. Of course, my officials consider all these matters in the round. If there are further technical points that the hon. Members for Glasgow Central and for Ealing North would like to put forward, based on the specific feedback of the Low Incomes Tax Reform Group, we would be happy to listen to them and respond accordingly. Question put and agreed to. Clause 18 accordingly ordered to stand part of the Bill.

    FINANCE (NO.2) BILL (FIRST SITTING) · 2021-04-22 · READ IN HANSARD

  19. I am grateful to the hon. Members for Glasgow Central and for Ealing North for their questions; let me speak to the points they have raised. The hon. Member for Glasgow Central suggested—in fact, she averred—that she had tabled her amendment based on what I fear is a misunderstanding of the legislation, without her being aware that this was actually an incorrect feature of the legislation that the Government were seeking to correct. I apologise if she has been misled. It is certainly not part of any intention of the Government to change what is a long-standing arrangement for the taxation of furnished holiday lettings, and there was no intention to extend the relief to businesses that do not currently qualify for loss carry-back relief.

    FINANCE (NO.2) BILL (FIRST SITTING) · 2021-04-22 · READ IN HANSARD

  20. The changes will take effect for accounting periods beginning on or after 1 April 2021. Up to 25,000 companies will be affected by the measure, although not all will see their payable credit reduced. The measure is expected to yield £455 million across the scorecard period. The measure is an important step to protect the integrity of the SME scheme. The Government have extensively consulted in order to ensure that legitimate businesses are not caught, and the new rules will ensure that the reliefs remain sustainable, enabling them to continue to support innovation into the future.

    FINANCE (NO.2) BILL (FIRST SITTING) · 2021-04-22 · READ IN HANSARD

  21. Where companies subcontract R&D to connected persons, or use agency workers supplied by connected persons, they will be able to include costs attributable to that as well. Thirdly, companies that can show they are creating or preparing to create intellectual property, or are managing intellectual property that they have created, and where less than 15% of the R&D expenditure is with other connected companies, may be exempt from the cap. Compared with the draft legislation published last year, the definition of intellectual property has been expanded, based on comments made, so that it will include both know-how and trade secrets in order to cover cases in which a company does not wish to or cannot seek a patent. We have worked closely with the industries involved on this design.

    FINANCE (NO.2) BILL (FIRST SITTING) · 2021-04-22 · READ IN HANSARD

  22. The change will limit the amount of payable credit available to some companies, and it will be set at £20,000 plus three times the company’s pay-as-you-earn and national insurance liability. The liability acts as a proxy for actual R&D activity happening in the UK to ensure that claimants have an actual employment footprint here in order to benefit from the payable credit. The measure has been carefully designed to ensure that non-abusive companies are unaffected, and it achieves that through three important features. First, the threshold of £20,000 means that the smallest claims will be uncapped. Secondly, this is based on the total liability for all employees, not just the liability for employees working on R&D.

    FINANCE (NO.2) BILL (FIRST SITTING) · 2021-04-22 · READ IN HANSARD

  23. Secondly, if a company is loss making, or if the deduction creates a loss, they may be entitled under the law as it stands to surrender losses in exchange for a payable credit up to 14.5% of 230% of qualifying expenditures. However, the Government have been concerned about abuse in the payable credit element of the scheme. In particular, some loss-making companies that do little R&D themselves pay another person, such as a company based abroad, for a lot of R&D simply to have access to the payable credit element of the relief. They are thus benefiting themselves, but the benefit of the R&D is not accruing to the UK economy. To prevent abuse of the SME scheme, Budget 2018 announced a cap on the amount of payable credit that a company will be able to receive.

    FINANCE (NO.2) BILL (FIRST SITTING) · 2021-04-22 · READ IN HANSARD

  24. Clause 19 and schedules 3 and 4 make changes to deter abuse in the payable credit element of the research and development tax relief for small or medium-sized enterprises, or SMEs. R&D tax reliefs, including the SME scheme, support businesses to invest and are a core part of the Government’s support for innovation. In 2017-18 alone, there were over 54,000 claims to the SME scheme, providing relief of £2.7 billion, which supported over £10 billion of R&D investment. The SME scheme has two parts. First, the relief functions as a corporation tax additional deduction, reducing the profits on which a company pays corporation tax by 130% of qualifying expenditures, on top of the standard 100% deduction.

    FINANCE (NO.2) BILL (FIRST SITTING) · 2021-04-22 · READ IN HANSARD

  25. Question put and agreed to. Clause 19 accordingly ordered to stand part of the Bill. Schedule s 3 and 4 agreed to. Clause 20 Extension of social investment tax relief for further two years

    FINANCE (NO.2) BILL (FIRST SITTING) · 2021-04-22 · READ IN HANSARD

  26. I am grateful to the hon. Member for his questions. Of course, it is in the nature of avoidance that it is not possible to estimate: it is avoidance or potential avoidance, so it is not possible to give accurate figures as to the exact levels of avoidance that has taken place. However, it is noticeable that this measure has an estimated positive revenue effect of over £400 million, which is an interesting fact in and of itself, and quite an interesting potential indicator of the importance of the measure. On the wider issue of progress in this area, the hon. Member will be aware that we have a review underway. It would not be appropriate for me to pre-judge the scope of this, or indeed the outcome of a review that has only relatively recently been initiated, but I assure him that it will be thorough and effective.

    FINANCE (NO.2) BILL (FIRST SITTING) · 2021-04-22 · READ IN HANSARD

  27. Between 2014 and 2018-19, 110 social enterprises used SITR to raise £11.2 million in investment—a much lower engagement than originally anticipated. In line with commitments made when SITR was expanded in 2016, the Government conducted a review of the scheme last year, including through a call for evidence. Following the review, the Government now propose to extend SITR’s sunset clause from April 2021 to April 2023.

    FINANCE (NO.2) BILL (FIRST SITTING) · 2021-04-22 · READ IN HANSARD

  28. I thank the hon. Gentleman for his questions, to which I shall respond when I have described how the clause works. Clause 20 extends the operation of social investment tax relief for two years, until 5 April 2023. This will continue the availability of income tax relief and capital gains tax reliefs for investors who make investments in qualifying social enterprises. This measure ensures that the Government will continue to support social enterprises in the UK that are seeking patient capital for growth. SITR encourages investment in social enterprises by offering income tax and capital gains tax reliefs to individual investors who subscribe for new shares, or make a new debt investment, in qualifying enterprises.

    FINANCE (NO.2) BILL (FIRST SITTING) · 2021-04-22 · READ IN HANSARD

  29. Given the balance between SITR’s performance and the desire to continue support for social enterprises, a two-year extension seems to provide an appropriate timeframe for the scheme to continue to support the social enterprise sector while also providing a reasonable period over which to monitor its effectiveness. The changes made by clause 20 would extend the operation of SITR by two years at, I am afraid, negligible cost to the Exchequer. I wish that the cost were higher, because it would show that the relief was being more widely used.

    FINANCE (NO.2) BILL (FIRST SITTING) · 2021-04-22 · READ IN HANSARD

  30. I have worked in social enterprises in different ways since the 1980s and I feel very passionately about their importance, but, to take a parallel example, charities received £1.4 billion in gift aid in 2019-20. Since 2014-15, a total of £11 million has been raised through SITR—a tiny fraction. The amount of relief granted is a fraction of that. This is a relief that we are extending in order to try to support the sector to the extent that we can, but there needs to be a much more fundamental reconsideration. I have invited stakeholders in the sector, at length, to step forward and help us to think about whether a new approach may be valuable and interesting. I thank the hon. Lady for her comments.

    FINANCE (NO.2) BILL (FIRST SITTING) · 2021-04-22 · READ IN HANSARD

  31. I thank the hon. Lady for her intervention. She will be aware that this relief has been in place since 2014-15. It is unfortunate, therefore, that it has not been taken up more widely. There was a considerable period following its introduction, with the tremendous backing and support of the social enterprise sector, in which it was not taken up. It is important that those who call for its extension ask themselves why it was not taken up. The Government certainly attempted with great enthusiasm to press the case wherever possible. The truth of the matter is that many people invest in and support social enterprises by charitable giving rather than through investment, so the use of a deduction does not appear to be particularly attractive to them. One wishes it were otherwise.

    FINANCE (NO.2) BILL (FIRST SITTING) · 2021-04-22 · READ IN HANSARD

  32. These changes had effect from 6 April, when the off-payroll working reform took effect.

    FINANCE (NO.2) BILL (FIRST SITTING) · 2021-04-22 · READ IN HANSARD

  33. This will allow HMRC to take action against any UK-based party in the labour supply chain that provides fraudulent information, for example by claiming that an intermediary is out of the scope of the rules when they are not. Currently, the liability would rest with the worker if they, or someone connected to them, provided fraudulent information. This change ensures that the liability rests with any UK-based party in the labour supply chain that provided the fraudulent information. This protects others in the supply chain from being liable for underpaid tax and national insurance contributions when they have acted on this fraudulent information in good faith. The clause ensures that the off-payroll working reform works as intended from 6 April, and it introduces minor, but helpful, technical changes that were recommended by stakeholders.

    FINANCE (NO.2) BILL (FIRST SITTING) · 2021-04-22 · READ IN HANSARD

  34. The Government are also making two minor related technical changes, which were requested by stakeholders, to make it easier for businesses to operate the rules and to ensure that parties who provide fraudulent information are held responsible. Currently, workers are asked to inform their client whether their intermediary meets the conditions that mean the rules need to be considered. If the worker does not provide this information, clients must assume that the intermediary is in scope. This change will make it easier for parties to share information by allowing the intermediary, as well as the worker, to confirm to the client whether the off-payroll working rules need to be considered. The second change amends the provisions related to fraudulent information.

    FINANCE (NO.2) BILL (FIRST SITTING) · 2021-04-22 · READ IN HANSARD

  35. HMRC has worked closely with stakeholders to find a solution that both prevents avoidance and ensures that the legislation does not apply beyond the scope of the policy intent. The main technical change that we are making in this clause will ensure that the rules do not apply when the worker has no interest in the intermediary company or, when they have a less than material interest in the intermediary, their fee is already taxed wholly as employment income. The clause also proactively introduces a targeted anti-avoidance rule, or TAAR, to future-proof the rules and further minimise any risk of contractors being drawn into avoidance arrangements. This will ensure that unscrupulous parties cannot exploit these conditions in order to avoid the rules.

    FINANCE (NO.2) BILL (FIRST SITTING) · 2021-04-22 · READ IN HANSARD

  36. Reform was legislated for in the Finance Act 2020 and came into effect on 6 April this year, as planned. The main change we are making in this clause is to address an issue raised late last year by stakeholders. A small section of the legislation introduced in the Finance Act 2020 and intended to prevent people from avoiding the rules through the use of artificial structures applied more broadly than was intended. This had the effect that some workers who were not intended to be within the scope of the rules would be caught. This would have placed obligations under the off-payroll working rules on a wider range of clients and engagements than was intended from 6 April 2021. The Government announced on 12 November 2020 that they would make a technical change in this Finance Bill to ensure that the legislation reflected the policy intent.

    FINANCE (NO.2) BILL (FIRST SITTING) · 2021-04-22 · READ IN HANSARD

  37. The clause relates to workers’ services provided through intermediaries and makes technical changes to the off-payroll working legislation. The off-payroll working rules exist to ensure that a contractor who works like an employee, but through a personal service company, pays broadly the same amount of tax as those who are directly employed. The rules ensure fairness between individuals who work in similar ways but through different structures. This is not a new tax. The changes legislated for last year improve compliance with existing rules by transferring the responsibility for determining whether the rules apply from the contractor’s personal service company to their client and have taken effect from April 2021 in the private and voluntary sectors. The changes were implemented in the public sector in 2017.

    FINANCE (NO.2) BILL (FIRST SITTING) · 2021-04-22 · READ IN HANSARD

  38. Clause 21 has no bearing on workers receiving rights, and it also ensures that the rules apply correctly to agencies, and indeed to a wider group, such as employees on secondment. The effect of the amendment proposed in Committee of the whole House would have been to gut the legislation, which is why the Government opposed it. Question put and agreed to. Clause 21 accordingly ordered to stand part of the Bill. Clause 22 Payments on termination of employment

    FINANCE (NO.2) BILL (FIRST SITTING) · 2021-04-22 · READ IN HANSARD

  39. I thank the hon. Gentleman for his question and for his support for this important legislation. Although not related to this clause, I thank him for the support the Labour party has given on the issue of the loan charge. These are important ways to curb forms of abuse of the rules that may mean people do not pay appropriate levels of tax, so I am grateful for that support. On the last point that the hon. Gentleman raised, I am afraid that it was an unfortunate and slightly misinformed debate in Committee of the whole House, in part because there was a suggestion that somehow clause 21 benefited only umbrella companies and should be struck out, and that the effect of striking it out would somehow mean that workers would receive agency rights by working through agencies’ payrolls. In fact, that is not correct.

    FINANCE (NO.2) BILL (FIRST SITTING) · 2021-04-22 · READ IN HANSARD

  40. In terms of the amendment, I am not surprised that the hon. Member for Glasgow Central slightly stuttered over what is a formidably technical matter, but I think we can digest the point very simply. There is currently no single way of calculating the payments. Amendment 1 seeks to make the calculation alternative rather than mandatory for the purposes of post-employment notice pay. I remind her and the Committee that the new calculation is more accurate for employees paid by equal monthly instalments, and that it is more straightforward for employers to administer a single mandatory calculation rather than having to choose between two alternative calculations. It is therefore just a better and more effective way of discharging the policy intent, and I urge her not to put the amendment to a vote.

    FINANCE (NO.2) BILL (FIRST SITTING) · 2021-04-22 · READ IN HANSARD

  41. I thank the hon. Members for Glasgow Central and for Ealing North. I do not think that we need to spend too long on this. Clause 22 makes changes to the taxation of termination payments. It was published in draft and announced in a ministerial statement in July 2020. The measure has been set out in the explanatory notes and in Opposition speeches, and I will not spend too much time on them now. The clause alters the calculation used to define the amount of a termination payment that should be taxed as post-employment notice pay. This is when an unworked notice period is not in whole months but an individual is paid monthly. Secondly, as hon. Members mentioned, the clause brings post-employment notice pay paid to non-UK residents within the charge to UK tax. I am grateful for the support of the Labour Opposition on that.

    FINANCE (NO.2) BILL (FIRST SITTING) · 2021-04-22 · READ IN HANSARD

  42. The legislation ceased to apply from 6 April 2021, so the clause will have no further impact. I therefore urge the hon. Member for Glasgow Central not to press the new clause to a vote.

    FINANCE (NO.2) BILL (FIRST SITTING) · 2021-04-22 · READ IN HANSARD

  43. The clause will disregard statutory parental bereavement pay as a variation in contract under the optional remuneration arrangement legislation, ensuring that employees in receipt of one of the long-term benefits and statutory parental bereavement pay will be subject to the original remuneration arrangement rules, which continue to provide a tax advantage until 5 April 2021. New clause 2 would require the Government to publish a report on the impact of clause 27. The Treasury carefully considers the impact of individual measures announced at fiscal events. This clause legislates for a temporary retrospective measure to protect a small number of individuals who receive a transitional benefit under the optional remuneration arrangements and statutory parental bereavement pay from losing their tax advantage in 2020-21.

    FINANCE (NO.2) BILL (FIRST SITTING) · 2021-04-22 · READ IN HANSARD

  44. Where an employee is in receipt of statutory parental bereavement pay, therefore, and one or more of the relevant long-term benefits through a salary sacrifice arrangement, the variation to employment conditions under the optional remuneration arrangement legislation meant that they would lose entitlement to the income tax and national insurance contribution advantages of receiving the benefit in that manner. The clause therefore includes statutory parental bereavement pay as a statutory payment that will be disregarded under the 2017 optional remuneration arrangement legislation.

    FINANCE (NO.2) BILL (FIRST SITTING) · 2021-04-22 · READ IN HANSARD

  45. Statutory payments are normally treated as a variation in contract, but those were specifically listed and disregarded in the 2017 optional remuneration arrangement legislation. On 6 April 2020, a new statutory payment, statutory parental bereavement pay, was introduced under the Parental Bereavement (Leave and Pay) Act 2018. The payment is payable to employed parents or partners of a parent who loses a child, whether biological, adoptive or born to a surrogate, under the age of 18, or who suffers a stillbirth from 24 weeks. This statutory payment is not listed in the 2017 optional remuneration arrangement legislation as one that may be disregarded as a variation in contract, as it did not exist at the time.

    FINANCE (NO.2) BILL (FIRST SITTING) · 2021-04-22 · READ IN HANSARD

  46. The clause makes changes to ensure that employees who receive certain long-term salary sacrifice benefits do not lose entitlement to a tax advantage if they begin to receive statutory parental bereavement pay. The optional remuneration arrangement legislation introduced on 6 April 2017 largely removed the income tax and national insurance contributions advantages for most employment-related benefits provided through salary sacrifice schemes. Transitional rules for relevant long-term benefits allow the benefit valuation rules prior to the optional remuneration arrangement legislation to apply until 5 April 2021, provided that there is no variation in an employee’s employment contract. The relevant long-term benefits are employer-provided living accommodation, relevant school fees arrangements and certain employer-provided vehicles.

    FINANCE (NO.2) BILL (FIRST SITTING) · 2021-04-22 · READ IN HANSARD

  47. I am not sure there is a need to respond. I thank the hon. Member for Glasgow Central for her comments and the shadow Minister for the Opposition’s support. Question put and agreed to. Clause 27 accordingly ordered to stand part of the Bill. Clause 29 Collective money purchase benefits Question proposed, That the clause stand part of the Bill.

    FINANCE (NO.2) BILL (FIRST SITTING) · 2021-04-22 · READ IN HANSARD

  48. Therefore, the new clause is outside the scope of what tax law can achieve. There is a sentiment in the new clause about the distribution of benefits for members of different ages more generally. Fairness of outcome for all members is important, and it is a key principle of the Government’s work on collective money purchase schemes. My hon. Friend the Minister for Pensions was clear when the 2021 Act was being considered by this House: regulations under that Act will require collective money purchase scheme rules to contain provisions so that there is no difference in treatment between different cohorts or age groups of scheme members when calculating and adjusting benefits. If the scheme design does not do that, it will not be authorised by the Pensions Regulator. For those reasons, I ask the Opposition to withdraw their amendment.

    FINANCE (NO.2) BILL (FIRST SITTING) · 2021-04-22 · READ IN HANSARD

  49. New clause 9 would require the Government to provide a review of the impact of the pensions tax legislation applicable to collective money purchase schemes and, in particular, of the distribution of benefits within those schemes according to the age of the members of the scheme. The purpose of clause 29 and schedule 5 is to enable pension schemes that provide collective money purchase benefits to operate in the same way as other registered pension schemes. As with all these schemes, tax law applies to all members on the same basis regardless of age. Tax law determines how much tax relief on contributions is given by the Government and the tax regime for benefits paid by registered pension schemes. Tax law does not affect how the pension scheme distributes the benefits it pays.

    FINANCE (NO.2) BILL (FIRST SITTING) · 2021-04-22 · READ IN HANSARD

  50. The Government are proposing a number of technical changes to pensions tax legislation, so that collective money purchase pension schemes can operate on the same basis as other registered pension schemes. There is a special provision in the 2021 Act so that, in the unlikely event of a pension scheme that provides collective money purchase benefits being wound up, it can still make payments to its pensioners. Amendments 17 and 18 make minor changes so that there are no adverse tax consequences if in the future those payments are made by pension schemes in Northern Ireland in the process of being wound up.

    FINANCE (NO.2) BILL (FIRST SITTING) · 2021-04-22 · READ IN HANSARD