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Orders Of The Day

Volume 330: debated on Wednesday 28 April 1999

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Finance Bill

(Clauses 2, 28 And 99)

Considered in Committee [Progress, 27 April].

[SIR ALAN HASELHURST in the Chair]

Clause 28

Restriction Of Mca To Those Reaching 65 Before 2000–01

3.47 pm

I beg to move amendment No. 1, in page 14, leave out lines 21 and 22.

With this, it will be convenient to discuss amendment No. 2, in page 14, leave out lines 25 to 27.

I ask the Committee to consider these amendments, which make changes to the Government's provisions regarding the married couples allowance. As I think the Committee knows, the Finance Bill will abolish the married couples allowance and replace it in due course with a children's tax credit.

When the Chancellor announced that change in his Budget speech, he rather typically failed to make it clear that the children's tax credit will not come into effect until April 2001. So the Government have the use of about £2 billion in public money for that year. In addition, the children's tax credit will cost the Government about £650 million less than the married couples allowance, which they are abolishing. The Government are removing an allowance that is familiar and upon which many people rely and replacing it a year later with a cheaper allowance.

Moreover, the Treasury Select Committee report describes the new arrangement as "complex". Much of the evidence that the Committee received about this section of the Bill points to problems in administering the children's tax credit, the fact that it will create a high marginal tax rate as it is withdrawn up the income scale, and that it generally represents a further complication in an already over-burdened tax system.

We shall undoubtedly debate the tax credit in greater detail at another time, but it is relevant to discuss it now because of the Government's switch. They are abolishing an allowance that has been a familiar and valued part of the tax system and upon which many people have relied and are replacing it with an untried, complex arrangement that will be less generous and will go to different people.

Will the right hon. Gentleman comment on the observations of Mr. David Brodie, the director of the charity TaxAid, who, after the Budget, said:

"The children's tax credit is a generous arrangement, reducing most taxpayers' liabilities by £416 a year or £8 a week, which is double the value of the married couple's allowance"?

If the hon. Gentleman had told us a little more about what the charity sector is saying, he could have referred to its critical remarks about the withdrawal of dividend tax credits, something that will hit charities extremely hard when the transitional arrangements end.

Although people may welcome additional money for children and families, that does not excuse this measure, whereby the Government are taking away money from childless couples and, as I shall now outline, hitting particularly hard people who are coming up to retirement age. That is the subject of the amendments.

In his Budget speech, the Chancellor asserted:
"Today's pensioner couples will retain the married couples allowance."—[Official Report, 9 March 1999; Vol. 327, c. 183.]
He hoped to convey the impression that, although married couples allowance is being abolished for most taxpayers, it is being retained for pensioner couples, but that is not the case. If people become 65 after 5 April next year, they will not receive the married couples allowance. That date is entirely arbitrary. If people were born on 5 April 1935, they will receive the allowance in old age; if they were born a day later, on 6 April 1935, they will not receive the allowance. Being born a day later makes a difference of £500.

The Red Book, which fleshes out the details of the Budget, contains a section on pensioners and an entire chapter called, "Building a Fairer Society". Nowhere does it explain the unfairness and say why pensioners will not receive the married couples allowance if they reach retirement age after next April. It does not explain also why a one-day difference in birth dates can determine whether one receives a £500 tax credit. That measure is not fair or equitable; it is a good illustration of stealth taxation. The apparent extension of married couples allowance to pensioners will, in fact, apply to a smaller and smaller number of people as they die off or get divorced.

Does my right hon. Friend agree that people in their late 50s and early 60s, especially those on low incomes, who were born after that magical date, are being particularly discriminated against because there is virtually no likelihood that they will be able to have children if they have not already got them, so they will not be eligible for the child tax allowance, and nor will they be eligible for the older married couples allowance?

My hon. Friend makes a good point. Many of those people who are coming up to retirement will have looked forward to relying on the married couples allowance. Almost by definition, they cannot now alter their working arrangements, work overtime or get a different job to make up for the income that they will lose. That is the extent of their vulnerability, and yet, out of the blue, comes a Budget that will remove an important and valued tax allowance which they were looking forward to, when it is already too late for them to make alternative arrangements.

I will when I have completed the point. That blow is the latest in a series of blows that the pensioner and saving communities have suffered at the hands of the Government. In the Government's first Budget, there was a £5 billion a year raid on pension funds as a result of the withdrawal of dividend tax credits. Therefore, the same people who are now coming up to retirement have already seen the value of those pension funds reduced.

Does the hon. Gentleman still wish to intervene?

My simple argument is that every change in tax interferes with people's tax planning and confounds their plans. That aspect is not limited to the change that the right hon. Gentleman was criticising, or to people over 65. Anyone, such as myself, who might have benefited from the married couples allowance now cannot plan towards that, but that is the nature of changing tax.

The point that I was making was that pensioners are especially vulnerable. If the hon. Gentleman were to have his tax allowances removed suddenly, he might be able to get a different day job to make up that reduction, but that option is not open to the people who are hit by clause 28.

As I was in the middle of saying, this is not the first blow that those people have suffered. Not only is the withdrawal of dividend tax credits from their pension funds draining £5 billion a year into the Treasury, but many of those people made regular savings into personal equity plans, and all that was stopped from April 1999. PEPs have been replaced by individual savings accounts, which are more expensive, more complicated and less advantageous. Therefore, a series of hammer blows has landed on the very people who are hit by the clause.

Everywhere, the Government have hit pensions and savings, and the next generation of pensioners will now have their personal allowances reduced or abolished as well.

If the right hon. Gentleman is so concerned about future planning, will he explain the rationale behind his Administration's halving of the value of the married couples allowance over the period when he was a Minister?

It is one thing to reduce an allowance and quite another to abolish it. Moreover, it is a clearly different thing to reduce an allowance in the context of a tax-reducing strategy. We brought the level of personal and direct taxation down in successive Budgets. Against that background, it is fully justified to reduce some allowances and increase others. However, the Government are relentlessly increasing the burden of direct taxes on, and reducing the allowances of, the most vulnerable people in the tax-paying community.

Will the right hon. Gentleman tell the Committee the value to that same pensioner group of the cut in the married couples allowance made by the Conservative Government, and will he explain why he thinks that that was worth less?

We have a proud record of reducing personal and direct allowances and, by the end of our term of office, all sections of the tax-paying population were better off. We are now witnessing an assault, not only on the general tax-paying public, but especially on people who are less able to order their affairs to compensate for what the Government are doing. There is no better illustration of that than clause 28.

4 pm

No. I have given the hon. Lady her chance. She may well have an opportunity to make a speech if she catches your eye, Sir Alan.

It is not only the married couples allowance that is being abolished. There is also the widows bereavement allowance. The Committee may need reminding that, attached to the married couples allowance, is the separate but linked widows bereavement allowance, which is paid to widows for up to two years after suffering that bereavement. A Government press release on Budget day made the following erroneous claim:
"Widows will be more than compensated for the loss of this allowance by the proposed Bereavement Payment in the Welfare Reform and Pensions Bill."
The Chancellor has now admitted that that was incorrect. There is an opportunity for the Government to apologise to the House of Commons through the Committee rather than relying on a letter that was written to the Select Committee on the Treasury, in which it was admitted that the press release was incorrect.

The Government made quite a seriously misleading statement. It is now clear that widows in retirement will be suffering from more than the withdrawal of the married couples allowance, because they will not be in receipt of either the widows bereavement allowance or the replacement bereavement payment. I quote from the relevant section in the Select Committee's report, which states:
"The Chancellor agreed to write to us, and in their note the Treasury stated that the bereavement payment 'will not generally be available to people over pension age'."
That contradicts the statement that was made on Budget day. I hope that the Minister has made a note of that. It would be at least a courtesy if she could correct the misleading and untruthful statement that was made on 9 March.

Talking of correcting misleading statements, I am not sure whether the right hon. Gentleman made a slip of the tongue, a Freudian slip or a confession. He said a few minutes ago that the Conservatives had a proud record of reducing allowances. That is certainly what they did, and many people are worse off because of that.

If I made that slip, I can correct it. We reduced the burden of taxation by reducing rates and preserving, and in some cases increasing, allowances. The effective burden of taxation borne by the groups that we are discussing was reduced during our period in office. I am grateful to the hon. Gentleman for giving me the opportunity to clarify that point.

The widows bereavement allowance is an important issue. It was not mentioned anywhere in either the Chancellor's statement or in the section in the Budget report to which I have referred. Again, we have an example of stealth taxation. With this Government, we have always to peal away the obfuscation, and, in this instance, the downright untruth, to get at the reality of what is happening to taxpayers.

On the very date that I have been talking about, 6 April 2000, the value of state earnings-related pensions will be halved for spouses. That is to say that a widow, for example, will be able to inherit only 50 per cent. of the SERPS entitlement built up by her husband. That is a pre-existing decision; it was taken many years ago. However, I am grateful for an early-day motion, which has been signed by a number of Labour Members, which points out that the Government, until this year, were sending out, again, misleading information to those making inquiries about the value of the SERPS entitlement for spouses. It is yet another blow that, on the very day that a widow's SERPS entitlement is halved, the Government are removing the entitlement to the widows bereavement allowance. That will be the subject of other amendments when the Bill reaches another Committee. Those amendments will ensure that pensioner couples continue to receive married couples allowance, as I believe that they are entitled to do. Many of them rely on it, and Conservative Members believe that they should have it.

Clause 28 is the worst clause in the Bill and I am delighted to speak to this pair of Opposition amendments relating to future pensioners. I must say, Sir Alan—if you will forgive me this anecdote—that I remember clause 28 of another Bill from some years ago causing huge demonstrations and attracting a vast amount of media attention for those who claimed to be defending an alternative life style. This clause 28 has attracted little media attention. There is little public interest, and certainly no demonstration to defend the interests of many millions of married people who will lose a benefit that has existed, in one form or another, since the end of the first world war.

Nobody in the Chamber could have failed to notice the certain amount of mischievous reporting, which has been filling some of the media, on an alleged debate in my party on the question of welfare and the balance between the free market and the state. The debate on these amendments offers me a particularly good opportunity to state my position, which is that welfare should never lie principally with either the state or the free market. By far the most important element of welfare is the family—historically and even today.

I look forward to the next debate, in which we shall discuss how the clause relates to people who are rearing children. I do not want to make the same points twice—you would rightly call me to order, Sir Alan—but the statistics I shall offer then concern the stability of the relationships of married and unmarried people. They point strongly to the efficacy of marriage as an institution in terms of keeping a man and a woman together.

In a moment.

There are a range of reasons for believing in the importance of marriage. In the context of a Finance Bill, the state, as well as the people concerned, has an interest in that stability.

Before the hon. Member for Colne Valley (Kali Mountford) makes the point that was bound to be made—someone always leaps up to make it—I am obviously not suggesting that people will rush off to get divorced because of a change in legislation. However, before I reply to the point that I suspect she is about to make, we should hear her make it.

I thank the hon. Gentleman for giving way. I had not thought of making a point about divorce, so I thank him for raising the issue in the Committee. I was going to ask him what evidence the Conservative Government gathered during their period in office that family stability had been affected by tax decisions. Are not there all sorts of demands on families? People do not base decisions about family stability on tax allowances.

I suggested that the hon. Lady might make exactly that point, and she has done so.

Unlike my right hon. Friend the Member for Wells (Mr. Heathcoat-Amory) on the front row—[HON. MEMBERS: "He was the hooker."] My right hon. Friend was a sportsman, but I will not make a point about that. I do not defend the cuts that we made in the married couples allowance, but the evidence on stability falls into two halves. For the second half, the hon. Lady will have to wait for a couple of hours because I shall deal with it under the next amendment as it relates to couples with children. It is very detailed and comes from statistics provided to me by the House of Commons Library.

Overwhelming evidence shows that marriage is the critical factor in stability of relationships between men and women. The second half of the hon. Lady's question lies—

Order. I have allowed the hon. Gentleman to preface the introduction to his remarks, and he has done so in a fairly wide-ranging manner. I am duty bound to the Committee to nudge him back into the narrow area covered by the amendment, which deals with the age-related married couples allowance. We cannot have a general debate about the married couples allowance.

I well understand that, Sir Alan. I was responding to the generalised question that the hon. Member for Colne Valley asked me, which was what evidence I had that the tax system influences people's behaviour. I must reply briefly to that, if I may—

Order. As a result of my generosity in the first place, the hon. Gentleman made remarks which attracted the attention of the hon. Member for Colne Valley (Kali Mountford). He must not go further down that track. I have now decided that he has gone far enough, so I suggest that he returns to the narrow terms of the amendment.

In that case, the hon. Lady will have to wait for the next debate.

Is it fair that a married couple who are only four or five years from retirement, who have gone through their working lives without drawing benefits, having never been out of work, should be told that they are to lose the married couples allowance? They may both have contributed all the way through, or the husband may have done so while the wife had a gap for child rearing—or the other way round, as is increasingly common. That benefit is worth several hundred pounds a year and the couple may have been relying on it as part of their retirement income.

At the risk of arousing your ire again, Sir Alan, may I say that, as my right hon. Friend the Member for Wells said, that comes as part of the framework of changes in provision for those approaching retirement—a framework that has challenged the contributory principle. Why should those approaching retirement not think that, having paid into the system all throughout their working lives, it is only fair that the Government should not move the goal posts, as clause 28 would do? Why should they not say, "We have paid our taxes. We are approaching retirement. Why should only those who are already retired on the date shown in the clause benefit from the allowance?"

The hon. Gentleman and I share a belief in the institution of marriage. However, he makes a point about the stability of marriage in a debate on a group of amendments which deals specifically with allowances for pensioners. Is there any evidence to suggest that there is instability in pensioners' marriages?

The hon. Gentleman allows me a second bite at the question. I congratulate him on his clever phrasing, which I think, Sir Alan, allows me to reply. The short answer is that I have seen no clear statistical evidence of that. Most of us come to this House because we believe that the signals that Members of Parliament send matter. It seems extraordinary that we should tear up a signal which, since 1918, successive Chancellors of the Exchequer — two were from the Liberal party and others were from the Labour and Conservative parties —have believed to be very important. That signal is that the House believes that marriage matters and that, in this context, people approaching retirement deserve some recognition through the tax system of the fact that they are married.

4.15 pm

Will the hon. Gentleman explain to the Committee why the right hon. and learned Member for Rushcliffe (Mr. Clarke), when he was Chancellor of the Exchequer and announced a further reduction under the Conservative Government of the married couples allowance, described it as an anomaly in the system that we did not need?

The hon. Gentleman is right to remind me that I voted for it. At the time, I was in the middle of a rebellion on another family issue, as some hon. Members may remember. The married couples allowance is not an anomaly. I believe that that was the wrong decision, and a wrong justification for the reduction. The allowance has existed since 1918, and I am delighted that the Conservative party as a whole—Conservative Members on the Front Bench and on the Back Benches—will shortly be able to vote against this measure. I hope that the Liberal Democrats will join us in the Lobby.

This issue is not just about signals or the importance of marriage: there is a practical point. I said at the beginning of my speech that the most effective form of welfare is that provided within the family. We all know of couples—many of us have examples in our own families—one of whom looks after the other. It is more often the wife who looks after the husband, but sometimes it is the other way round.

Order. I am not sure that the hon. Gentleman is taking on board my signals. The debate is about the age-related married couples allowance. He is making a speech that would fit more naturally into the clause stand part debate. I ask him for the final time to keep within the terms of the amendment.

I was about to mention nursing care for the elderly. The key point is that if the husband looks after the wife or the wife looks after the husband, the little bit of extra income that is currently provided by the married couples allowance may assist in ensuring that that unpaid, unrecognised, undervalued carer feels able to go on. Any reasonable person would accept that several hundred pounds a year might, at the margin, make the difference, and enable a wife or a husband, who, for a number of years has looked after an elderly or less fit spouse, to go on.

Specifically within the terms of the amendment, does my hon. Friend acknowledge that the majority of registered disabled people are over retirement age? The Government want to drive them into work as part of their reforms, but that is neither here nor there. Many of the people to whom my hon. Friend refers have severe disabilities and will be particularly hard hit by this measure.

Yes, indeed. My hon. Friend will remember the touching testimony of the shadow Secretary of State for Social Security, our hon. Friend the Member for Chingford and Woodford Green (Mr. Duncan Smith). For many years, his mother nursed his elderly father, who was suffering partly as a result of the wounds he acquired during the war. She was unpaid and unrecognised by the benefit system, but she nursed him through it. Such couples will lose the married couples allowance.

It is extraordinary that, after all these years, we should remove this cover. It is particularly sad and arbitrary for the Government to say that people who have already retired are different from those who are about to retire. The aim of my right hon. Friend's excellent amendment is to ensure that married couples who retire in the future get the same benefit as people who are currently retired, the value of which the Government have recognised by leaving it in place for people who reach 65 before 2000–01.

We should consider the financial impact of what I consider to be an unfortunate wrecking amendment. The Government propose to scrap an allowance that has already been discredited by the Opposition, who have continually reduced it and who accept that it should go. The question is, what is the best strategy for phasing it out? The Government propose to retain the allowance for those who are currently pensioners, but if the amendment were passed, it would never be phased out: all new pensioners would continue to enjoy the benefit. Given that Britain has an ageing population, the Exchequer would be spending money that could otherwise be spent on families, and on children in particular. The point of the clause is to transfer expenditure to families in need.

Did not the hon. Gentleman stand for election on the platform that his party was committed to not raising taxes? During the general election campaign, the leader of his party said that there would be no tax rises at all. Is not the abolition of the married couples allowance, particularly for pensioners, simply an increase in income tax? How does the hon. Gentleman justify that?

The hon. Gentleman refers to a myth that is being peddled continually. The commitment was for income tax not to be increased. I was not going to mention this, but we have reduced income tax rates to 23p and l0p, which is a remarkable achievement.

How can the hon. Gentleman say that his Government have reduced income tax? The abolition of the married couples allowance will mean that an ordinary married couple will pay an extra £197 in income tax. How does the hon. Gentleman square the two statements?

The commitment was to reduce the rate of income tax, and that is what we have done—as well as reducing the rate of corporation tax, and other taxes. It would be bizarre for any Government to say that they would never increase any taxes. Apart from anything else, what would they ever do? It is unbelievable that any sensible person could interpret anything that the Prime Minister has ever said as meaning that we, as a new Government, would never raise taxes. That is a farcical idea.

I have been distracted. Let me return to the narrow arena of the amendment. We have spent about £2 billion a year on the married couples allowance, an increasing proportion of which is used by people over 65 as they grow older. The question is whether that should continue—as it would if the amendment were passed—or whether the money should be targeted on families who are in greater need, as our general strategy suggests. I hope that the Opposition will answer this question at some point today: where would they find the money to fund that increasing share of the £2 billion? Would they take it from impoverished families with children, or would they tax it? Do they entirely dismiss the Government's overall strategy of directing money towards families to enable them to work and to care for their children?

The hon. Member for Canterbury (Mr. Brazier) mentioned family values. He also referred to "child rearing", as though he was talking about chicken farming. The Government's strategy is intended to help families: that is the whole point of it. As for "signals", does the hon. Gentleman not agree that the signal that the Opposition are sending the community in the amendment is "Do not get married until you are 65"? The amendment poses the danger of a sudden surge of people marrying at 65.

Surely, according to the hon. Gentleman's logic, the tax incentive that the Government have given to 65-year-olds will lead them to contract serial marriages and start families again.

That is obviously the signal that the hon. Gentleman has received. No doubt he intends to go off and do that, but I do not think that such a move would be rational. I think that he should reconsider his personal position.

I shall not try now to enter into subject matter that will be dealt with in later debates, on amendment No. 8, on clause 28 stand part, and on the principle behind the married couples allowance, except to say that the comment of the hon. Member for Canterbury (Mr. Brazier)—that one must support the married couples allowance if one is in favour of the family and marriage—simply does not stand up. The idea that the tax system must support marriage and the family is a complete fallacy. There are 101 other policies that would be more effective in supporting marriage and the family, and I shall describe some of them in our later debates. However, I felt that I should make those preliminary remarks, so that my subsequent remarks flow logically.

As my hon. Friend the Member for Northavon (Mr. Webb) said, in his intervention in the speech of the hon. Member for Canterbury, there is no evidence that the married couples allowance has increased the stability of marriage among elderly people. I have figures, which the hon. Member for Canterbury did not have with him, from "Social Trends 1999", suggesting that, over the years—as the previous Conservative Government phased out the married couples allowance—the stability of marriage among elderly groups has, if anything, increased. In 1971, the divorce rate among those who had been married for 30 years or more was 9 per cent. In 1996, the percentage had gone down to 5 per cent.

Therefore, if anything, the stability of marriage among the elderly has increased.

Although I know that this may test the hon. Gentleman's intellectual capacity, is not the logic of his statement—given the figures that he presumably has at his disposal, showing an increasing number of marriage break-ups among people in their 20s and 30s—that reducing the allowance encourages marriage break-ups among younger and middle-aged people?

I was going to deal with exactly that point, and to say that, because of that very point, one has to interpret the figures with some care. I therefore take on board the hon. Gentleman's first point. However, the figures do not support the second point that he was trying to make—that reduction and phasing-out of the married couples allowance has increased the divorce rate.

Is it not the case that, although the value of the married couples allowance under the previous Government was reduced for people under 65, its value was maintained throughout that period—as it was in the current Government's first year—for people over 65? Do the figures therefore prove the case one way or the other?

I had planned to deal with the relevant point behind the hon. Gentleman's remarks—the need to ensure that we protect that group of elderly pensioners. We have to ensure that people in that group have some offsetting allowances, to ensure that they are not hit by the proposed measure. It is an important point, and the most germane argument in relation to this group of amendments.

There is a case for keeping the married couples allowance for new pensioners, to protect them from taxation increases. However, if we can protect that group within the Government's overall package, it would be satisfactory to phase out the married couples allowance for everyone, so that the tax system might be simplified. So far, although the Government have probably not gone far enough to compensate pensioners, they have included in the Finance Bill the right types of measures, on which we should hope to build in Committee.

The children's tax credit does not apply to this group of amendments—although, judging from his comments, the hon. Member for Canterbury might like them to.

The hon. Gentleman seemed to be suggesting that people would try to exploit the children's tax credit by having large families, and that the Government were trying to create such an incentive.

I apologise; I was referring to the hon. Member for Arundel and South Downs (Mr. Flight).

I want to highlight the Bill's measures that will protect that group of pensioners. Clause 21 provides an over-indexation of personal allowances for the elderly. It does not completely compensate them; it is a partial offset, but it is the right measure.

4.30 pm

The Liberal Democrat alternative Budget, which was produced before the Chancellor's statement, proposed a simpler tax system that got rid of allowances such as the married couples allowance and increased the basic personal allowances. So, in this regard, the Government are taking our ideas on board, or at least sharing the same ground and acknowledging that we need higher personal allowances that protect pensioners and other low-income groups from a higher tax burden.

Is it not the case that raising allowances as prescribed in the Liberal Democrat manifesto would cost some £15 billion? Can the hon. Gentleman say briefly where the money would come from? Would he raise income tax or what?

I shall not try your patience too much, Sir Alan, but the document that we published prior to the Budget set out all the details and costings. Those costings included the abolition of the married couples allowance.

Our position today is totally consistent with what we said before the Budget. We shall vote against the amendments and support the Government tonight because they are going in our direction and increasing personal allowances to protect vulnerable groups. They could go further, and I am sure that we shall debate that later.

For example, clause 19 could have provided even more protection for elderly people. The Government introduced a lop starting rate of income tax, but they have not applied it to savings. Is that not introducing an anomaly? They could have taken the opportunity to provide further protection for current and future pensioners who will be hit by parts of clause 28.

We call on the Government to ensure that pensioners are not only protected from the abolition of the married couples allowance, but targeted as a group that need more resources. In previous Finance Bills, the Government penalised pensioners through, for example, the abolition of dividend tax credit. I hope that the Committee will return to that point as we certainly intend to put the Government on the spot. More than 300,000 pensioners have lost an average of £75 a year as a result of that policy.

The Government could go further. In previous debates, my hon. Friend the Member for Northavon spoke about our policy to increase the basic state pension by £3 a week for those aged over 75 and by £5 a week for those aged over 80. That would target resources on those most in need, as poverty among elderly people is highly correlated with age. It would ensure that those groups were protected from the abolition of the married couples allowance, and more than compensated. They would be far better off with that package of policies.

We shall table amendments to the Welfare Reform and Pensions Bill when it is considered on Report, proposing that policy package. I believe that we already have the support of the right hon. Member for Birkenhead (Mr. Field), a former Social Security Minister. I shall be interested to see whether Conservative Members sign up to those amendments and vote with us on welfare policy. If they really are interested in protecting pensioners, they will back our policy, which is the best way of using taxpayers' money to alleviate poverty among the elderly. We look forward to them supporting us as that would be in line with their arguments this afternoon.

The Liberal Democrats reject the amendments because they would prevent an overdue reform of the tax system. They would prevent a reform that would simplify the tax system and free up resources that could be used elsewhere properly to promote the family, targeting resources on children, and giving the Chancellor the resources to tackle pensioner poverty.

I listened carefully to the Chancellor's presentation of his Budget. He did not say that the married couples allowance would be retained for current pensioners, but abolished for future pensioners. He used the general word "pensioner". As was reported in the media at the time, he gave the distinct impression that the intention was to retain the married couples allowance as a tax measure to help support pensioners in their retirement.

I spoke at a large meeting in my constituency the week after the Budget, at which I made clear the reality of the Chancellor's proposals. Not surprisingly, there was considerable annoyance in my audience at the Chancellor's Orwellian use of language to secure misleading headlines. I call on the Government to make their intentions and proposals clear, if nothing else. The Budget speech is too important for half truths.

The Chancellor also argued that there was a trade-off. He said that, although it was a good thing to abolish the married couples allowance—because it had got so untidy when it came to deciding who qualified for it, with many contorted questions about whether people were married or divorced, and so on—the trade-off was to be the new child credit.

More Orwellian language was used when it was stated that the proposal was all about the Government's pro-family policy. However, the word "family" does not now mean mother, father and children, as it used to. It now refers to children with perhaps one parent: if there are two parents, it does not matter whether they live together.

It is axiomatic that retired people do not have families. What I said in my intervention in the contribution from the hon. Member for Croydon, Central (Mr. Davies) was mainly in jest, but I was trying to illustrate the very real point that an argument can be made for changing the married couples allowance tax benefit to the new child credit. Such a change would have a redistributive element—the less well-off would be better off and the better off less well-off—but, overall, the benefit to families would be about the same.

There is a fairness to that argument that echoes the Chancellor's favourite phrase about fair tax policies, but there is no fairness in simply removing a substantial tax benefit for elderly people that is not to be made up elsewhere. The figures show that, for people over 75, the married couples allowance is worth more than £5,000. That is quite substantial, and the value of the allowance after tax is quite significant.

I want to expand on the point that has been made already about planning. People plan for their old age. Perhaps many hon. Members have not yet reached the age when they start such planning, but I certainly have. People work out their pensions and savings in building societies so that they can plan their financial arrangements for old age. With the introduction of stakeholder arrangements, the Government are exhorting more and more people to make such provision, but it is too late for people aged 65 to make changes, to begin new careers and take out new insurance policies, and so on.

I submit that a change such as is proposed requires much longer notice than a year. People retiring in the next 10 years, say, will not be able to make up for the tax loss that this change will inflict.

The reduction in the SERPS widows benefit has already been cited. That was announced some 13 years ago, but hon. Members will be aware that hardly anyone knew about it. The Department of Social Security often gives incorrect advice, but the real problem is that people were not aware, even after 13 years, of the changes to that benefit.

A principle of the tax system is that it should not change all the time. The Government made no mention in their election manifesto that they were going to abolish the married couples allowance for retired people. That abolition is part of a considerable and growing attack on the great rump of pensioners in the middle of society. When I listened to the hon. Member for Croydon, Central, I could not help feeling that he was saying that ageism is now politically correct among Labour Members. He seemed to feel that there was something virtuous in deriving pleasure from taxing older people more. Their pension funds are being taxed. They are being stopped from having tax credit on dividends if they pay no tax. The Government are removing tax benefits on insurance policies. Is all that some sadistic attack on elderly people? It seems to be thought that it is politically proper.

My main criticism is that the provision is devious and misleading. It was not made clear, and pensioners are not being compensated for it. The top-up to pensions guarantee applies only to people who have minimal savings or none. The measures will simply make the great mass of older people less well off in their retirement.

Pensioners are not stupid. In New Zealand, Ministers are frightened even to address public meetings because pensioners have been physically assaulting them. The Government seem to think that pensioners are soft prey and that the media are not interested. However, in my experience, the senior part of British society has rumbled the sum total of the fiscal attacks that the Government are mounting. The matters covered by the two amendments are, in the Chancellor's language, unfair and unjust, and the way in which they were announced was downright misleading.

My hon. Friend the Member for Croydon, Central (Mr. Davies) was quite right to say that the amendment is a wrecking amendment. If the official Opposition were serious about amending the clause, they would have suggested some reasonable future date. If they disagree with our date, why not suggest another proper date two or three years hence? The Tories are simply opposed to the resolution. They simply do not like the abolition of the married couples allowance. Rather than be straightforward, they have produced a wrecking amendment without talking about the age group that would be affected by it.

No, I shall make my point.

A couple who had had no married couples allowance would suddenly receive it on their retirement date. That makes no logical sense. In his considered speech, the hon. Member for Kingston and Surbiton (Mr. Davey) rightly noted that, if we are to find resources to fund measures that I think are the right ones, money must be found sensibly and logically in a way that fits with the Government's overall strategy. The age group is critical in that sense.

If we are to support children, we must be consistent. Opposition Members really want to talk about families, but they must consider the effects of their nonsensical amendment. It makes no sense to encourage marriage in retirement, but not the rest of the time. Tory Members will surely vote against the clause at the stand part stage. So why spend the Committee's time on discussing this amendment? I find it all very confusing.

My hon. Friend must not try to guide me. The hon. Member for South Holland and The Deepings (Mr. Hayes) asked first.

The hon. Lady is very kind and I am extremely flattered.

I do not support the abolition of the married couples allowance for anyone, but does the hon. Lady acknowledge that the nub of the amendment is that younger married people will at least be able to make alternative provision in their many years together? Elderly married people simply do not have that opportunity. Someone of 61 or 62 who is looking forward to retirement simply does not have enough years left to make the kind of alternative private provision that will make up for what the Government are taking away. That is the salient point.

4.45 pm

The logic of what the hon. Gentleman says is the same as that behind what I have been saying. If he believes that people need an adjustment time in which to make their financial arrangements, why does he support the amendment? It would not achieve that end; it would simply wipe out our attempts to get rid of the married couples allowance. I do not believe in a married couples allowance.

People get married—and divorced—for all sorts of reasons, but not for tax incentives. That argument is irrelevant.

I think that the hon. Member for Canterbury (Mr. Brazier) asked me first, but I wanted to complete my point first.

In that case, I give way to the hon. Member for Buckingham (Mr. Bercow).

Will the hon. Lady tell the Committee when and where she informed the voters in her constituency that she opposed the married couples allowance, and would take every opportunity to try to get rid of it?

The hon. Gentleman knows that the proposal was made clear in the Chancellor's fine speech.

We also had a green Budget, which Conservative Governments never even tried to achieve. Under Conservative Administrations, people were never given a six-month opportunity to consider the direction that the Government should take. That argument is nonsense. [Interruption.] I cannot believe that the hon. Member for Buckingham did not read the green Budget.

I have always made it clear that we should support children, but the amendment goes down the wrong line. It would affect pensioners. It was right for the Government not to remove allowances from people who have already had the allowance and made their retirement arrangements on that basis. To remove their allowances would have been harsh and wrong, this year, when people have not had a chance to consider their arrangements.

If Opposition Members were serious about what they say that they are trying to achieve, they would have specified a date in the future—but their amendment is nonsense, and I cannot possibly agree with it.

A few other spurious measures have been discussed in the debate. The one that horrified me most was the idea of a 14-year timetable for the changes in the state earnings-related pension scheme. Why did not the Conservative Government make proper arrangements when they made the changes in 1986? It is a disgrace that they did not do so, and people could not make proper arrangements for their retirement.

It is a bit rich for Opposition Members to complain to the Committee today about SERPS, and to say that people need time to make proper, considered arrangements for their retirement. People were never given any information in the first place, and now the Labour Government are having to pick up the pieces and put things right.

The issue was debated at length in the Standing Committee on the Welfare Reform and Pensions Bill, and the arguments remain the same. The Opposition Members on the Committee at least had the decency to apologise for their Government's mistake in not administering the change in SERPS properly.

The hon. Lady and I served together on that Committee. Will she follow her logic through and think for a moment? She is berating us for publicising something insufficiently 14 years ago, yet the interval until the change comes through is less than the interval associated with the clause. Even if the changes were published to the heavens, it is far too late for people to make provision.

The hon. Gentleman's comments might make sense if his party had ever done anything about the change in the first place. In some cases, we now have only a matter of months in which to deal with the change that people are facing. We are having to go back and think about ways of compensating people who made decisions based on the SERPS arrangement in 1986, and were not made aware of the change. Given that they left us with such a fiasco, it is a bit rich for the Tories to start arguing about proper time being allowed for changes in people's tax arrangements so that they can make proper provision for the future.

Surely, as we have made the decision, it is better to be clear about it. We are being clear about it today, and people can make their decisions for the future. The hon. Member for Kingston and Surbiton made some valid points about how to deal with compensation for people's changed arrangements and ensuring that they can make proper arrangements for the future. We can debate at length later in the Bill's passage how to make such provisions but this amendment would not achieve any of them. Conservative Members are being disingenuous in their remarks.

Sir Alan, I assume that we will not get a clause stand part debate and that you will therefore allow us to range a little wider than normal on the amendment.

I hope that I am always generous in allowing Members to speak to amendments, but I cannot be over-generous. We must not go outside the rules of order. This is about age-related married couples allowance. I hope that the hon. Gentleman will not provoke me too much. I cannot say whether there will be a later debate.

Thank you for that advice, Sir Alan.

Clause 28 abolishes the non-age-related married couples allowance from April 2000. Unfortunately, the Chancellor has seen fit to compensate some people by a child tax allowance to be introduced one year later. People who would have been eligible for married couples allowance, whether elderly pensioners or not, will have to suffer for a whole year without any form of compensation. That enables the Chancellor to retain about £1 billion that he would otherwise have had to pay out in allowances.

In his Budget speech, the Chancellor deliberately duped the public when he set out his reasons for abolishing married couples allowance. He claimed:
"It is in fact a tax credit paid at the same flat rate to married couples, single parents and unmarried parents living together."— [Official Report, 9 March 1999; Vol. 327, c. 182.]
We know that that is not true because it is the additional personal allowance that is available to unmarried and single people, and that is being abolished as well.

As my right hon. Friend the Member for Wells (Mr. Heathcoat-Amory) said, not only is the additional personal allowance being abolished, but the reliefs that go with it. Widows bereavement allowance and relief for maintenance payments, which are both available to elderly pensioners and others, are being abolished. It is an especially mean abolition because widows should particularly be helped a little by the tax system.

The elderly married couples allowance will still be available for people aged over 65 until 5 April 2000, but there is an anomaly in that provision. The Government's Welfare Reform and Pensions Bill, and all their other social security legislation, provides that women can retire at 60. If they wish to retain the married couples allowance for retired people why should not the allowance be retained at least for women aged over 60? Will the Paymaster General consider amending the Finance Bill so that women aged over 60 can claim the additional allowance? I am pleased to see her nodding assent.

If the Minister is not nodding assent, she is going against the tenor of all the social security legislation.

The hon. Gentleman should check the qualification criteria for the married couples allowance. He will find that the statement that he has just made to the Committee is incorrect. I strongly advise him not to pursue that line of argument because he has made an error about who qualifies for it.

I am grateful for that clarification, but I have here the Bill, as published, and refer the Paymaster General to clause 28(2), which states:

"Subsection (1) (reduction where neither spouse is aged 65 or over)—shall cease to have effect."
Subsection (3) of the clause continues:
"In subsection (2) (reduction where either spouse is aged 65 or over)—"
Paragraph (a) in that subsection states:
"for 'is at any time within that year of the age of 65 or upwards' there shall be substituted 'was born before 6th April 1935'."
According to my calculations, that applies only to people aged over 65, but I am willing to have the matter clarified.

Order. I hope that the hon. Gentleman will focus on the two lines in between that he did not quote; they are the ones that are relevant to the amendment.

I hesitate to disagree with you, Sir Alan, but, as I understand it, the amendment applies to lines 21 and 22—I am reading from the amendment. The lines that I quoted are lines 21 and 22 of clause 28(3)(a), which state:

"for 'is at any time within that year of the age of 65 or upwards' there shall be substituted 'was born before 6th April 1935'."

I do not want to enter into a dispute with the hon. Gentleman, but as I heard it, he read out clause 28(2) and then went on to refer to subsection (4). I do not dispute that what he has just read is the text of subsection (3)—that is the subsection that we are discussing.

Thank you, Sir Alan. I do not want to dwell on the matter and I thank you for your advice. It seems to me that the wording of the Bill is clear, but, if I am wrong, no doubt the Paymaster General will correct me when she winds up the debate.

Is the hon. Gentleman now advocating same-sex marriage? I understood that it took two people—a man and a woman. Given that fact, what he has said seems nonsensical. Is he not simply saying that we will move the whole date forward by five years for everyone?

As the entire social security system—and every other similar system in this country— is predicated on the basis that women can retire at the age of 60 and men can retire at the age of 65, if one wants to deal with retired people by giving them a special, additional married persons allowance, it would make eminently good sense to allow women who retire at 60 to be able to claim that allowance. Obviously, the hon. Lady and I have different opinions on that matter and we shall not agree.

I am grateful to my hon. Friend for trying to negotiate the details of the issue with Labour Members, but does not the absence of any logical basis in the Government's treatment of the issue prove what we know? The issue is not about consistency with other Government policies, or about ethics; it is simply a grubby bid to save a little bit of money for the Exchequer. That is the rationale. Why does not the Paymaster General give up the unequal struggle and admit it?

My hon. Friend is too generous to the Government. The measure is not merely a grubby deal to save some money; at the same time, it claims to benefit pensioners—something that could be done much more effectively.

There is no doubt that elderly people approaching retirement have been severely disadvantaged by the measure; they will have no time whatever to build up their finances to compensate for the loss of the allowance. That is so typical of the Labour Government; they tend to hit people at the bottom of the income scale. We have seen that time and again. It is grossly unfair because those people—of all members of society—do not have the time to work overtime to make up their pensions to provide for themselves when they eventually reach retirement age. It now seems that women will be encouraged to work an additional five years—from the age of 60 to 65—because they will be denied the allowance and that, too, is grossly unfair.

Others among my colleagues have said that the measure is anti-family. Indeed it is. The married couples allowance was introduced in the first place to compensate for the fact that married couples could not claim the additional single persons allowance. Under these provisions, we are saying, in effect, that it is fine for people to live together because they will be able to claim the additional single persons allowance, but a married couple—who are not both earning—will not be entitled to claim those two personal allowances.

Does the hon. Gentleman accept that, if the Committee accepted the amendment, it would be unfair to two friends or colleagues, one of whom was married and the other not, approaching the age of 65, because the unmarried person would point to the married one and say, "My friend has the allowance and I haven't—what have I done wrong?"? Would that not be grossly unfair?

5 pm

The hon. Gentleman has conclusively proved that Labour Members have not understood the reason for giving married couples an allowance, which is precisely to benefit people who are married. We all want people being married to be the normal state, because they cost the state less, live more happily and derive all sorts of other benefits from being married. However, it is quite clear that the Government have absolutely no regard for that.

Is not the history of the allowance that it was designed to help married people with the costs of marriage and of children? It would be absurd to reward someone who is 65 simply because that person is married or because he or she opportunistically gets married aged 65 so as to get the allowance.

With that second intervention, the hon. Gentleman gets himself into even deeper water. The married couples allowance is not given only to those who have children. There are thousands of married couples in this country who, for many different reasons, choose not to have or do not have children. Why should they not be given a little help by the tax system?

I am sorry to trouble my hon. Friend again, but I cannot resist the temptation to point out yet another inconsistency between the views of Labour Members. Does he not think it extraordinary that, on the one hand, the hon. Member for Colne Valley (Kali Mountford) says that it is absurd to suppose that people get married to attract the allowance, whereas on the other hand, and only a matter of metres away from her, the hon. Member for Croydon, Central (Mr. Davies) pillories older people, impugns their motives and implies that, at an advanced age, they would rush to the altar simply to get the allowance? Government Members should get the line right.

My hon. Friend is exactly right—no one would rush to the altar to get the married couples allowance. Successive Governments of both colours have decided that it is right to encourage the state of marriage and that there should be an additional allowance to compensate for that.

Order. When more than one hon. Member has risen, the hon. Member for Cotswold (Mr. Clifton-Brown) should state to whom he is giving way.

Is not the hon. Gentleman overlooking the fact that other parts of the tax system benefit married couples? MIRAS—mortgage interest relief at source—can be claimed by both partners if they are married, but not if they are unmarried—[Interruption.] Transfers between married couples are exempt from capital gains tax, whereas transfers between unmarried couples are not.

I am delighted by that intervention. It is the Labour Government who are abolishing MIRAS, which is another allowance that is transferable between husband and wife. I am all in favour of allowances that are transferable between husband and wife and I strongly supported independent taxation. I urge the hon. Gentleman to make vigorous representations to Treasury Ministers that capital gains tax allowances should remain transferable between husband and wife, because it seems to me that that might well be next on their list for abolition.

The measure is a mean one, and the Government are mean to take a whole year before implementing the replacement allowance in respect of children. It is anti-family, anti-women and ageist. I urge the Government to consider allowing women to claim the allowance when they are 60 and not make them wait until they are 65. Why should women have to work all that extra time to make up their pension so that it provides them with a reasonable living in their retirement?

In so far as the institution of marriage is under threat, few people outside this Chamber and with no political axe to grind would claim that that is due to the Government's decision to abolish the married couples allowance.

Clause 28 deals specifically with couples over the ages of 65 and 75. The hon. Member for Arundel and South Downs (Mr. Flight) said that the allowance could be worth £5,000 a year for couples over the age of 75. I am more concerned about those pensioners over the ages of 65 and 75 who come to my surgeries to thank the Government for providing the minimum pension guarantee, which guarantees approximately £4,000 a year.

I do not know what the hon. Gentleman finds in his surgeries, but 40 per cent. of the population in my constituency are retired and people come to my surgeries and ask, "What is this minimum income guarantee? I thought it applied to all pensioners, but I now find that it applies only to those on income support." Is that not a betrayal on the part of the Government? Pensioners are led to believe one thing, but the reality is quite different.

This Government have introduced the minimum income guarantee for pensioners. In 1983, the previous Conservative Government abolished the link between pensions and earnings, but this Government have restored at least for the minimum guarantee.

My point—which is germane to the discussion of these amendments—is that Opposition Members here are not exercised by a guaranteed income of £5,000. That is a tax relief for those pensioners whose income is so large that they can take advantage of that £5,000 allowance. The question is clear: where do those Members' priorities lie? The priorities of this Budget, as expressed in this clause, are quite clear: we seek to benefit pensioners not through this measure but through other measures set out in the Budget.

Will the hon. Gentleman clarify his remarks? I am sure he will agree that the odd £100 or £200 is worth considerably more to someone on a very low rate of tax than the odd £1,000 or £2,000 is worth to someone who claims the older married couples allowance at the full rate of tax. I cannot square the hon. Gentleman's remarks that the Opposition are interested only in those couples on high incomes. In fact, we are much more interested in the meanness of this change as it affects those on very low incomes.

I am sorry that the hon. Gentleman did not understand me; I shall try to explain my point more fully. It is very simple. We are talking about tax allowances for pensioners whose savings are so substantial that they have steady incomes. They can take advantage of the tax allowances on the income that they generate up to £5,000. But, by abolishing the married couples allowance, the Government have introduced a £1 billion package for poorer pensioners.

The hon. Member for Cotswold (Mr. Clifton-Brown) spent considerable time talking about widows.

The hon. Gentleman misheard me. I was talking about married women who have reached the age of 60, rather than 65, and are officially able to retire and claim the state pension, but who, under these provisions, would be unable to claim the older person's married couples allowance. That seems wrong.

The hon. Gentleman did talk about that, but he also talked about widows. When he was referring to whether women between 60 and 65 can claim the married couples allowance, Labour Members tried to make the point that women cannot claim that allowance because it is men who claim. If the hon. Gentleman had the courtesy to listen to my response to his intervention, he might be enlightened as to that fact, but clearly he is oblivious because he is engaged in conversation on the Back Benches, so he is unable to take advantage of that information.

The hon. Gentleman also said that nobody is about to rush to the altar to get the married couples allowance, and many of my hon. Friends and I entirely agree with him. However, in the very same breath, he said that the Government should give the married couples allowance to encourage marriage. If he accepts that no one gets married on account of the allowance, how can it be deemed to be responsible for more marriages taking place than would otherwise occur, or for maintaining marriages that would otherwise break up? The hon. Gentleman supplied no evidence that the allowance causes or maintains marriages, because there is none whatsoever.

The hon. Member for Arundel and South Downs spoke of the family, and his commitment to that institution is well known in the Committee and elsewhere. What sort of family is he committed to? I grew up in a single parent family because my father died when I was eight. I was later part of a family of siblings because my mother died shortly thereafter. Is the hon. Gentleman saying that families should receive state benefits only if they happen to have the good fortune of having two parents who are still alive to maintain the unit?

If the hon. Gentleman had sat through the weeks of debate in Committee considering the Welfare Reform and Pensions Bill with the hon. Member for Colne Valley (Kali Mountford) and myself, he would have heard what many of us have to say about the position of widows.

With the greatest respect, that does not answer my question. The tenor of the hon. Gentleman's speech was to ask, "Why does marriage matter?" Presumably, we share a consensus that marriage does matter, and the institution of the family matters, because it is the vehicle for raising children. We believe that it is good for two parents to raise children, but we should not penalise families simply because they do not have two parents to raise children. That would be absolutely abhorrent. If we accept that marriage is so important because it is the vehicle for raising children, it is absolutely ridiculous to think that we would take away the allowance on the basis of a partner being widowed.

I am grateful, Sir Alan, for the latitude that you have given me to respond to the points that have been made in the debate.

5.15 pm

On a point of order, Sir Alan. The hon. Gentleman has alluded to me on a matter relating to the next debate. Can I, through you, say to the hon. Gentleman that I shall respond to his point in the next debate?

The hon. Gentleman knows that that is not a point of order, but I am sure that the hon. Member for Brent, North (Mr. Gardiner) heard what he said.

The Government seek to ensure, through the changes made in the Budget, that adequate resources go to the poorest pensioners. That policy includes abolishing the married couples allowance for future pensioners, while maintaining it for those who have reached 65 or 75 by the dates specified in the Bill. If that means that Government money is being targeted and better used through the package of £1 billion for pensioners—and particularly, when we consider the married couples allowance, for the children's tax credit—I, for one, wholeheartedly welcome the measures.

Sir Alan, you told the Committee that you would prefer the wider debate on the changes to the married couples allowance and the creation of the children's tax credit to be dealt with in the debate on the next amendment, so I shall respond then to some of the issues that have been raised in this debate.

My hon. Friend the Member for Brent, North (Mr. Gardiner) made an excellent contribution about the importance of supporting families with children and of understanding that, when so many millions of children live in poverty in this country, that must be the Government's priority. We can, if hon. Members wish, return to that subject in more detail in the next debate.

I look forward to hearing, later in the year, the right hon. Member for Hitchin and Harpenden (Mr. Lilley) apologising at a dinner somewhere for his party's opposition to the abolition of the married couples allowance and the creation of the children's tax credit. The remarks made by the Leader of the Opposition in the Daily Mail on 29 January 1998 sum up precisely the Government's intentions, which were supported by the remarks of the hon. Member for Kingston and Surbiton (Mr. Davey). The Leader of the Opposition said
"Previous conservative governments made a mistake in phasing out the married couple's allowance. We wanted to stop well off couples without children getting a tax allowance they did not need. But in doing so we hit families raising children on tight budgets. It is those fami8lies that need our help most."
That is precisely what we propose in the Bill.

The Leader of the Opposition, in his response to the Budget, generously went on to support the Government's proposal to introduce the children's tax credit.

The right hon. Member for Wells (Mr. Heathcoat-Amory), who has apologised to me for the fact that he is unable to be present for my response—he probably mentioned that fact to you as well, Sir Alan—referred to the previous Government's commitment. He made a mistake when he said that they were proud of their record of cutting personal allowances. When pressed by the hon. Member for Kingston and Surbiton, he did not get his answer right, but we look forward to hearing a correction. However, he failed to explain why, in his Budget speech in 1992, the then Chancellor, Norman Lamont—now Lord Lamont—described the married man's allowance, the predecessor of this allowance, as "the male chauvinist allowance", and why the right hon. and learned Member for Rushcliffe (Mr. Clarke) described it as an anomaly in the tax system. That was the previous Government's justification for reducing married couples allowance substantially—leaving us a chaotic system surrounding it—while they presided over a massive growth in child poverty.

The right hon. Member for Wells and several Conservative Members sought to confuse the debate—some of them obviously do not understand the current qualifications for claiming married couples allowance—by making it sound as though the Government are attacking pensioners and have broken their promises. If the right hon. Gentleman takes an unclouded look at the Bill, he will see that clause 28 protects pensioners who are currently receiving the married couples allowance. It is quite right that we should protect those senior members of our community—senior citizens who are already in receipt of the married couples allowance—by maintaining their position.

Will the Paymaster General explain the difference between those people and people who are only a year or two from retirement? What possible changes does she think that people coming up to retirement can make to their retirement provision at that late stage?

First, I remind the hon. Gentleman that the overall Budget package provided £ 1 billion to pensioners through the minimum income guarantee, the £100 heating allowance and by ensuring that we keep the married couples allowance for those who are already retired. Moreover, as the hon. Member for Kingston and Surbiton said—I hope that I am not embarrassing him by drawing too much on his speech—an earlier clause of the Bill provides protection in terms of indexation and allowances.

I know that the hon. Member for Canterbury (Mr. Brazier) feels strongly about the issues surrounding marriage, which we shall discuss when we debate amendment No. 8, but it is cruel for Conservative Members to frighten those who are already retired by making it sound as though something is being taken from them when it is not.

I believe that, when the hon. Gentleman reads the record, he will realise that it is bizarre for the Conservative party to table an amendment that accepts abolition of the married couples allowance for under-65s but provides that the couple may claim it when they reach the age of 65. The hon. Gentleman spoke about signals sent from the Committee. If the amendment were passed, the signals that it would send would create misunderstandings on an unimaginable scale.

Despite the hon. Gentleman's very strong views on marriage—which I respect, although I disagree with them—when the Conservative party was in government, he voted year on year for a policy that reduced the importance of the married couples allowance and the contribution that it made.

I remind the Committee that the married couples allowance has its origins in 1918, when men received an allowance because their wives did not work, in recognition of the extra costs in such cases. Seventy per cent. of married women now work. As my right hon. Friend the Chancellor has pointed out, since then, a chaotic system has developed, in which a two-earner family with children is better off than a one-earner family with children. That cannot be right, even on the basis of what the hon. Member for Canterbury believes.

I am happy to give way to the hon. Gentleman, because I want to deal with his point about whether men over 65 will now marry younger women in order to claim both allowances. I do not know what his life is like, but I have not come across any constituents who have those bizarre determinations.

The Paymaster General said that we had the bizarre position—of which she implied that she disapproved—where a two-earner couple enjoyed a much better tax position than did a couple with a single earner. If that is the case, why on earth have the Government framed the new child tax credits in such a way as to be extremely harsh on the single-earner couple and generous to the double-earner couple, who can still qualify for those credits although their combined income may be nearly twice that of a single earner couple?

When we debate those clauses, I shall be happy to explain to the hon. Gentleman why his proposition is incorrect. However, if he studies the Bill—especially clause 28—he will find that, in the extremely unlikely event that a man over 65, entitled to claim the married couples allowance, is married to a younger woman with children, who is therefore entitled to receive the children's tax credit, the Bill requires them to choose which one of the allowances they receive.

One point that came up repeatedly needs answering now. Conservative Members argued that there was a entitlement gap—that we took away the married couples allowance and that no one benefited as a result. I remind them again that, from October, the working families tax credit payments will be increased to compensate particularly the low-paid, especially families that are under pressure because their budgets are so low; that the child premium in income support has been increased this year, also specifically targeted on helping those families in most difficulty, with low budgets; and that the child benefit increases—those announced for this April and the additional one for next April—will help families with children, especially families under pressure.

Clause 28 abolishes married couples allowance for couples under 65 but preserves it for couples where the husband or wife has reached the age of 65 before the year 2000-01. That is quite clear in the Bill, and it is just. The hon. Member for Arundel and South Downs (Mr. Flight) misquoted the Chancellor. The Opposition are trying to build up a bandwagon, saying that the Government, or the Chancellor, said things that they did not say. If the hon. Gentleman looks at the record, he will see that the Chancellor rightly said that today's pensioner couples would keep their married couples allowance. That is very clear and I cannot understand why the hon. Gentleman is having difficulty in understanding that sentence or which word is giving him particular problems.

5.30 pm

Abolishing the under-65s allowance for married couples means that we must have a new way of defining the basic married couples allowance so that we can use it for those who are over 65. Clause 28 provides for that minimum level and guarantees that there will be no effect on anyone's tax liability who is now in receipt of the allowance.

It would be a great error if the Opposition insisted on putting into our legislation an amendment that rewarded marriage from the age of 65 onwards but did not address the real stresses and strains in families with children and how families are forced apart because of the poverty that they experience.

When the hon. Member for Buckingham (Mr. Bercow) reads the record of our proceedings, he will realise that the confusion that he was so agitated about, believing that it existed on the Labour Benches, arose from Conservative Members. It was the hon. Member for Arundel and South Downs who suggested that men over 65 would make new arrangements in their life so as to have two allowances. Other Conservative Members suggested that our proposal is a tax on pensioners, when it is not.

I look forward to the next amendments and the next debate, when we can discuss—

in detail the children's tax credit and why the married couples allowance should be abolished. I urge the Committee to reject the amendments.

The point that the hon. Gentleman wishes to raise is one for the next debate. I shall be happy to deal with it then.

The debate has highlighted one of the worst stealth tax increases in the Finance Bill. The abolition of the married couples allowance will cost about 10 million married couples an extra £197 a year in income tax. When that is combined with the reduction in its value to 10 per cent. in the Government's previous Budget, the cost will be an extra £285 a year in income tax. That is from a Government who covenanted solemnly with the British people that they had no plans to raise taxes, particularly income tax. The measure that we are discussing is a straightforward hike that will affect 10 million couples. Increased income tax bills are being introduced by stealth. This hike will raise £1.6 billion next year and £2 billion the year after that.

The sleight of hand is worse. In his Budget speech, the Chancellor of the Exchequer implied that pensioners would be protected from these measures. [Interruption.] I will quote the right hon. Gentleman. He said:
"Today's pensioner couples will retain the married couple's allowance."—[Official Report, 9 March 1999; Vol. 327, c. 183.]
The hon. Lady the Paymaster General quoted "would" and skipped over the word "Today's", implying that the measure would apply to all pensioners. The key word is today, as the hon. Lady said. Tomorrow's pensioners will not retain the married couples allowance despite having made their financial arrangements on the basis that the allowance would remain. Throughout all the reductions in the value of the married couples allowance under the Conservative Government and under the present Government until now, its value had always been retained for pensioners. That is no longer the position. Its value has not been retained for new pensioners. [Interruption.]

Labour Members should read what Age Concern has said. It states:
"We are already receiving complaints"—

I shall finish this point first. Age Concern states:

"We are already receiving complaints from people who will reach 65 just after that date."
That is 5 April 2000. Age Concern continues:
"From April 2000 there will be the anomalous situation whereby people will miss out on an allowance currently worth some £500, simply because their birthday is just after the specified date."

The hon. Gentleman does himself a disservice when he seeks constantly to mislead the House of Commons and peddles his misrepresentations. My right hon. Friend the Chancellor spoke of "Today's" pensioners, people who are pensioners now, and that is our position. If the hon. Gentleman is so concerned, perhaps he could—

Order. The hon. Lady must not accuse other hon. Members of misleading the House of Commons. She must choose her words very carefully.

I am happy to withdraw my statement about misleading the House of Commons. I am sure that the hon. Gentleman was doing it unintentionally. He just manages to do it in every debate, using the same words. He should now acknowledge that my right hon. Friend the Chancellor said "Today's" pensioners.

The record will show that that is what I said. That means what it says and there has been no betrayal, as the hon. Gentleman has suggested.

All that is rich from a party in government that is introducing stealth tax after stealth tax. The impression is given—[Interruption.] The hon. Lady should read her correspondence. Instead of getting her civil servants to write and sign her letters, she should read some of it, including the correspondence that she receives. She should read what Age Concern is saying.

The hon. Gentleman knows full well that I sign my correspondence, and he should withdraw that remark. I sign my ministerial correspondence that goes out in answer to points raised by hon. Members. The hon. Gentleman should withdraw his remark.

I have letters in my file from the hon. Lady which she has not signed. Many Members received letters from her when she was the Financial Secretary which she had not signed. If I am wrong, I shall withdraw my remarks. [Interruption.] I withdraw. I accept her comments but I know very well that there are letters that Members have received, and constituents, that have not been signed by the hon. Lady.

After April next year, married people turning 65 will have to pay an extra £500 a year in income tax. There will be no compensatory children's tax credit for the vast majority. In addition, 300,000 pensioners will lose £75 in dividend tax refunds. Almost 1 million pensioners will find themselves paying higher income tax on their savings income than their marginal rate of income tax. All that the Paymaster General can say in return is that there is a £100 winter fuel allowance. The Government take £500 with one hand and give £100 with the other. The message is clear: do not grow old under this new Labour Government.

My hon. Friend the Member for Cotswold (Mr. Clifton-Brown) was right when he said that a married couple approaching retirement will suffer doubly. First, they will have little chance of qualifying for children's tax credit, although last weekend I found that I had a retired constituent over 65 who had a young child from a second marriage. Secondly, the married couple will have no entitlement to the higher rate of the married couples allowance to which they thought they would be entitled.

Other hon. Members have made some valuable points. They include my hon. Friend the Member for Arundel and South Downs (Mr. Flight), who said that people make careful plans for their retirement. He is right. The Government should not give just one year's notice for the reduction in value of the allowance. It is right also that the elderly population have—

No, I will not give way. There is no time to do so.

My hon. Friend the Member for Arundel and South Downs was also right to say that the elderly population has rumbled the Government. It has done so on the minimum income guarantee and on the dividend tax credit. It is rumbling the Government on the savings tax and it will rumble them on the abolition of the married couples allowance for pensioners.

The Government's decision to abolish the married couples allowance has gone down badly with the public. It is yet another Labour stealth tax, and it is being seen as such. Their decision has also gone down especially badly with those approaching retirement. The Chancellor has no doubt received, as the Paymaster General is also receiving, no doubt, many letters of complaint. I shall quote just one from Mr. J. R. Brett of Bromley, who writes:
"As I shall be 65 on 9th May next year this will mean that for the rest of my life, on today's figures, I shall, in retirement, pay £512.50 more in tax than other pensioners of equal age albeit five weeks older. This is not social justice … It is one thing to juggle with Allowances for those in work, but quite another to penalise pensioners who are unable to make any provision for the loss of such a large part of their income in retirement."
The clause creates social injustice and I urge the Committee to mitigate that injustice by voting for the amendment.

Question put, That the amendment be made:—

The Committee divided: Ayes 127, Noes 306.

Division No. 153]

[5.39 pm

AYES

Ainsworth, Peter (E Surrey)Heald, Oliver
Amess, DavidHeathcoat-Amory, Rt Hon David
Ancram, Rt Hon MichaelHogg, Rt Hon Douglas
Arbuthnot, Rt Hon JamesHoram, John
Atkinson, Peter (Hexham)Howard, Rt Hon Michael
Bercow, JohnHowarth, Gerald (Aldershot)
Beresford, Sir PaulJack, Rt Hon Michael
Boswell, TimJackson, Robert (Wantage)
Bottomley, Rt Hon Mrs VirginiaJenkin, Bernard
Brady, GrahamJohnson Smith,
Brazier, JulianRt Hon Sir Geoffrey
Brooke, Rt Hon PeterKey, Robert
Browning, Mrs AngelaKing, Rt Hon Tom (Bridgwater)
Bruce, Ian (S Dorset)Kirkbride, Miss Julie
Burns, SimonLaing, Mrs Eleanor
Cash, WilliamLait, Mrs Jacqui
Chope, ChristopherLansley, Andrew
Clappison, JamesLeigh, Edward
Clark, Rt Hon Alan (Kensington)Letwin, Oliver
Clark, Dr Michael (Rayleigh)Lewis, Dr Julian (New Forest E)
Clifton-Brown, GeoffreyLidington, David
Collins, TimLilley, Rt Hon Peter
Cran, JamesLloyd, Rt Hon Sir Peter (Fareham)
Davies, Quentin (Grantham)Lyell, Rt Hon Sir Nicholas
Davis, Rt Hon David (HaltempriceMacGregor, Rt Hon John

& Howden)

MacKay, Rt Hon Andrew
Donaldson, JeffreyMcLoughlin, Patrick
Duncan, AlanMadel, Sir David
Duncan Smith, IainMajor, Rt Hon John
Emery, Rt Hon Sir PeterMaples, John
Fabricant, MichaelMates, Michael
Fallon, MichaelMaude, Rt Hon Francis
Flight, HowardMawhinney, Rt Hon Sir Brian
Forsythe, CliffordMay, Mrs Theresa
Forth, Rt Hon EricMoss, Malcolm
Fowler, Rt Hon Sir NormanNorman, Archie
Fox, Dr LiamOttaway, Richard
Fraser, ChristopherPaice, James
Gale, RogerPaterson, Owen
Garnier, EdwardPickles, Eric
Gibb, NickPrior, David
Gill, ChristopherRandall, John
Gillan, Mrs CherylRedwood, Rt Hon John
Gorman, Mrs TeresaRobertson, Laurence (Tewk'b'ry)
Gray, JamesRoe, Mrs Marion (Broxbourne)
Green, DamianRoss, William (E Lond'y)
Greenway, JohnRuffley, David
Grieve, DominicSt Aubyn, Nick
Hague, Rt Hon WilliamSayeed, Jonathan
Hammond, PhilipShephard, Rt Hon Mrs Gillian
Hawkins, NickShepherd, Richard
Hayes, JohnSimpson, Keith (Mid-Norfolk)

Smyth, Rev Martin (Belfast S)Waterson, Nigel
Spicer, Sir MichaelWhitney, Sir Raymond
Spring, RichardWhittingdale, John
Stanley, Rt Hon Sir JohnWiddecombe, Rt Hon Miss Ann
Streeter, GaryWilkinson, John
Swayne, DesmondWilletts, David
Syms, RobertWinterton, Mrs Ann (Congleton)
Tapsell, Sir PeterWinterton, Nicholas (Macclesfield)
Taylor, John M (Solihull)Woodward, Shaun
Taylor, Sir TeddyYeo, Tim
Trend, MichaelYoung, Rt Hon Sir George
Viggers, Peter

Tellers for the Ayes:

Walter, Robert

Mr. Stephen Day and

Wardle, Charles

Mrs. Caroline Spelman.

NOES

Adams, Mrs Irene (Paisley N)Clarke, Tony (Northampton S)
Ainsworth, Robert (Cov'try NE)Clelland, David
Allan, RichardCohen, Harry
Allen, GrahamColeman, Iain
Anderson, Donald (Swansea E)Connarty, Michael
Anderson, Janet (Rossendale)Cooper, Yvette
Armstrong, Rt Hon Ms HilaryCorbett, Robin
Ashdown, Rt Hon PaddyCorston, Ms Jean
Ashton, JoeCotter, Brian
Atkins, CharlotteCousins, Jim
Austin, JohnCrausby, David
Ballard, JackieCryer, John (Hornchurch)
Barnes, HarryCunningham, Rt Hon Dr Jack
Battle, John

(Copeland)

Beard, NigelCunningham, Jim (Cov'try S)
Beckett, Rt Hon Mrs MargaretCurtis-Thomas, Mrs Claire
Begg, Miss AnneDalyell, Tam
Bell, Stuart (Middlesbrough)Darvill, Keith
Benn, Rt Hon TonyDavey, Edward (Kingston)
Bennett, Andrew FDavey, Valerie (Bristol W)
Benton, JoeDavidson, Ian
Bermingham, GeraldDavies, Rt Hon Denzil (Llanelli)
Best, HaroldDavies, Geraint (Croydon C)
Betts, Clive Dawson, Hilton
Blackman, LizDean, Mrs Janet
Blears, Ms Hazel Denham, John
Blizzard, BobDismore, Andrew
Borrow, DavidDobbin, Jim
Bradley, Keith (Withington)Dobson, Rt Hon Frank
Bradley, Peter (The Wrekin)Donohoe, Brian H
Bradshaw, BenDoran, Frank
Brake, TomDowd, Jim
Breed, ColinDrown, Ms Julia
Brinton, Mrs HelenDunwoody, Mrs Gwyneth
Buck, Ms KarenEagle, Angela (Wallasey)
Burgon, ColinEagle, Maria (L pool Garston)
Burnett, JohnEdwards, Huw
Butler, Mrs ChristineEfford, Clive
Cable, Dr VincentEnnis, Jeff
Caborn, Rt Hon RichardFearn, Ronnie
Campbell, Alan (Tynemouth)Fitzsimons, Lorna
Campbell, Mrs Anne (C'bridge)Foster, Rt Hon Derek
Campbell, Rt Hon MenziesFoster, Don (Bath)

(NE Fife)

Foster, Michael Jabez (Hastings)
Campbell, Ronnie (Blyth V)Foulkes, George
Campbell-Savours, DaleGalloway, George
Cann, JamieGapes, Mike
Caplin, IvorGardiner, Barry
Casale, RogerGeorge, Bruce (Walsall S)
Caton, MartinGerrard, Neil
Cawsey, IanGibson, Dr Ian
Chapman, Ben (Wirral S)Gilroy, Mrs Linda
Chaytor, DavidGodsiff, Roger
Chidgey, DavidGoggins, Paul
Clapham, MichaelGolding, Mrs Llin
Clark, Rt Hon Dr David (S Shields)Gordon, Mrs Eileen
Clark, Paul (Gillingham) Griffiths, Nigel (Edinburgh S)
Clarke, Eric (Midlothian)Griffiths, Win (Bridgend)
Clarke, Rt Hon Tom (Coatbridge)Grocott, Bruce

Gunnell, JohnMcNulty, Tony
Hall, Patrick (Bedford)MacShane, Denis
Harris, Dr EvanMactaggart, Fiona
Heal, Mrs SylviaMcWalter, Tony
Healey, JohnMahon, Mrs Alice
Heath, David (Somerton & Frome)Mallaber, Judy
Henderson, Doug (Newcastle N)Mandelson, Rt Hon Peter
Henderson, Ivan (Harwich)Marsden, Gordon (Blackpool S)
Hepburn, StephenMarsden, Paul (Shrewsbury)
Heppell, JohnMarshall, David (Shettleston)
Hesford, StephenMarshall-Andrews, Robert
Hewitt, Ms PatriciaMartlew, Eric
Hill, KeithMaxton, John
Hinchliffe, DavidMeacher, Rt Hon Michael
Hodge, Ms MargaretMeale, Alan
Hoey, KateMerron, Gillian
Hood, JimmyMichie, Bill (Shef'ld Heeley)
Hoon, GeoffreyMiller, Andrew
Hopkins, KelvinMoffatt, Laura
Howarth, George (Knowsley N)Moonie, Dr Lewis
Howells, Dr KimMoran, Ms Margaret
Hoyle, LindsayMorris, Ms Estelle (B'ham Yardley)
Hughes, Ms Beverley (Stretford)Mountford, Kali
Hughes, Kevin (Doncaster N)Mowlam, Rt Hon Marjorie
Humble, Mrs JoanMudie, George
Hurst, AlanMullin, Chris
Hutton, JohnMurphy, Denis (Wansbeck)
Iddon, Dr BrianMurphy, Rt Hon Paul (Torfaen)
Illsley, EricNaysmith, Dr Doug
Ingram, Rt Hon AdamOaten, Mark
Jackson, Ms Glenda (Hampstead)O'Brien, Bill (Normanton)
Jackson, Helen (Hillsborough)O'Brien, Mike (N Warks)
Jamieson, DavidO'Neill, Martin
Jenkins, BrianÖpik, Lembit
Johnson, Alan (Hull W & Hessle)Palmer, Dr Nick
Johnson, Miss MelaniePearson, Ian

(Welwyn Hatfield)

Pendry, Tom
Jones, Barry (Alyn & Deeside)Perham, Ms Linda
Jones, Helen (Warrington N)Pickthall, Colin
Jones, Jon Owen (Cardiff C)Pike, Peter L
Jones, Dr Lynne (Selly Oak)Plaskitt, James
Jones, Martyn (Clwyd S)Pollard, Kerry
Jowell, Rt Hon Ms TessaPope, Greg
Kaufman, Rt Hon GeraldPound, Stephen
Keeble, Ms SallyPrentice, Ms Bridget (Lewisham E)
Keen, Alan (Feltham & Heston)Prentice, Gordon (Pendle)
Keen, Ann (Brentford & Isleworth)Prescott, Rt Hon John
Keetch, PaulPrimarolo, Dawn
Kelly, Ms Ruthpurchase, Ken
Kemp, FraserQuin, Rt Hon Ms Joyce
Kidney, DavidQuinn, Lawrie
Kilfoyle, PeterRaynsford, Nick
King, Andy (Rugby & Kenilworth)Reed, Andrew (Loughborough)
King, Ms Oona (Bethnal Green)Reid, Rt Hon Dr John (Hamilton N)
Kirkwood, ArchyRendel, David
Kumar, Dr AshokRobertson, Rt Hon George
Ladyman, Dr Stephen

(Hamilton S)

Lawrence, Ms JackieRoche, Mrs Barbara
Laxton, BobRoss, Ernie (Dundee W)
Lepper, DavidRowlands, Ted
Leslie, ChristopherRoy, Frank
Lewis, Ivan (Bury S)Ruddock, Joan
Lewis, Terry (Worsley)Russell, Bob (Colchester)
Liddell, Rt Hon Mrs HelenRyan, Ms Joan
Linton, MartinSalter, Martin
Livingstone, KenSarwar, Mohammad
Lloyd, Tony (Manchester C)Savidge, Malcolm
Llwyd, ElfynSedgemore, Brian
Lock, DavidShaw, Jonathan
McAvoy, ThomasSheldon, Rt Hon Robert
McDonagh, SiobhainShipley, Ms Debra
McDonnell, JohnSimpson, Alan (Nottingham S)
McFall, JohnSingh, Marsha
McIsaac, ShonaSmith, Rt Hon Andrew (Oxford E)
McKenna, Mrs RosemarySmith, Angela (Basildon)
Mackinlay, AndrewSmith, Jacqui (Redditch)

Soley, CliveTwigg, Stephen (Enfield)
Spellar, JohnTyler, Paul
Steinberg, GerryVaz, Keith
Stevenson, GeorgeWalley, Ms Joan
Stott, RogerWard, Ms Claire
Stringer, GrahamWareing, Robert N
Stuart, Ms GiselaWebb, Steve
Stunell, AndrewWhitehead, Dr Alan
Sutcliffe, GerryWicks, Malcolm
Taylor, Rt Hon Mrs AnnWilliams, Rt Hon Alan

(Dewsbury)

(Swansea W)

Taylor, Ms Dari (Stockton S)Williams, Alan W (E Carmarthen)
Temple-Morris, PeterWilliams, Mrs Betty (Conwy)
Thomas, Gareth (Clwyd W)Willis, Phil
Thomas, Gareth R (Harrow W)Wills, Michael
Timms, StephenWinnick, David
Tipping, PaddyWise, Audrey
Tonge, Dr JennyWood, Mike
Trickett, JonWright, Anthony D (Gt Yarmouth)
Turner, Dennis (Wolverh'ton SE)
Turner, Dr Desmond (Kemptown)

Tellers for the Noes:

Turner, Dr George (NW Norfolk)

Mr. Mike Hall and

Twigg, Derek (Halton)

Jane Kennedy.

Question accordingly negatived.

I beg to move amendment No. 8, page 15, line 20, leave out '2000–01' and insert '2001–02'.

The amendment enables us to have what I trust will be an interesting debate on the married couples allowance, what it seeks to do, how it is to be phased out and the timing of that phasing out. I hope that it will also give us an opportunity to discuss whether the tax system should be neutral in determining people's behaviour. That view is commonly held on both sides of the House, but it is not my view. I believe that the tax system has a real role to play in determining people's behaviour and encouraging behaviour and a way of life that is useful to society. That is not to cast a judgment on other sorts of behaviour but to say that, generally, as every research study shows, marriage is a good thing. Apparently, the whole House believes that.

Whether we should take the next step and say that, having determined that marriage is a good thing, we should use the tax system to encourage it is a different question. It happens to be a question to which I would answer a strong yes, because I believe that the tax system has a useful role to play. It can be used in many other areas to encourage share ownership, private health insurance or pensions provision. That happens to be my personal view. I hope that we can discuss that matter in the context of the amendment, because it is very important.

I welcome the belated recognition by the Treasury that, over the years, the tax system has moved against families in favour of single people without dependants, and that move needs to be reversed. I also welcome the attack that the Treasury seeks to lead on child poverty. However, we should use this debate to question the Government more closely on the figures in the Red Book. Abolishing the married couples allowance in the year that is proposed sends out the wrong message. It seems to devalue marriage, and to take money away from families and give it to other taxpayers. In certain circumstances, the effect of all those complex changes appears to take money away from families who are poorer and give it to families who are better off.

Order. I appreciate that the hon. Gentleman is only just starting his remarks, but I remind him and the Committee that the amendment is specifically about the date of implementation, not the wider issues.

I can deal in a moment with the introduction of the children's tax credit because that is particularly relevant to this amendment. The married couples allowance will be repealed in April 2000 and the children's tax credit will be introduced a year later. In the previous debate, the Minister made it clear that she was hoping to use this debate to discuss the children's tax credit. Let us see how much effect the children's tax credit will have. I do not believe that much will be achieved by having a year's delay between the repeal of the married couples allowance and the introduction of the children's tax credit.

The children's tax credit is a recognition, for the first time since the mid-1970s, of the lower taxable capacity of taxpayers with families. That is a welcome step. However, if we look at it in greater detail, we see not only that it is being introduced a year too late but that it does not solve all the problems that the Treasury would have us believe that it will solve. The children's tax credit will give families £416 a year, which, I agree, compares favourably with the cash value of the married couples allowance. In 1999–2000, the married couples allowance will be £197, but if one looks back to what the value of the married couples allowance was when it was introduced in 1990, one can calculate that it would be worth, in today's money, about £522.

It is not £522 because the previous Conservative Government cut it. It is ridiculous to make those suggestions when the Conservative party made the cuts that bring us to the position that we are in now.

First, we are entitled to look at what is being proposed. Secondly, there is a great deal of difference between cutting something and abolishing it entirely. That is what we are faced with today. It does not help us, when we are dealing with serious matters, if hon. Members trade petty party political points across the Chamber. We are entitled to debate the married couples allowance and to advocate it as a benefit that helps married couples. We should not get too fixed on who reduced it when. Had the hon. Gentleman listened to my remarks, he would have known that I was trying to be fair to the Government. I was not attacking them from the word go, but was congratulating them on what they were trying to achieve by the introduction of the children's tax credit. We do not advance our arguments much by dwelling on the past.

Was not that intervention characteristic of attacks made by Labour Members? Is it not possible that some of the people who voted for them, including traditional Conservative voters, might have wished to see changes in this matter because they were disappointed that the previous Conservative Government did not speak up for marriage?

Exactly. Hon. Members are entitled to put their point of view. We all know that, in the real world in which we operate, there are party disciplines and sometimes one has to vote not necessarily according to one's conscience, but that still allows one to speak up for what one believes in the Chamber. If we cannot speak up in this Chamber, where else can we do so?

I was pursuing the question of the children's tax credit, which is vital to this debate because of the year's delay in its introduction. Many families will not get the credit because it will be gradually withdrawn where one parent is a higher-rate taxpayer. That will not be done in a fair way and, in practice, the proposals will discriminate against married couples. As the proposals stand—the Minister can correct me when she winds up the debate if I am wrong—the CTC will be withdrawn from some families, whereas other families on much larger incomes will get the credit in full. For example, if one spouse is a higher rate taxpayer with an income of £33,000 and the other has nil income, the children's tax credit will be cut. It will be removed completely once the income has reached £38,000. A family with two incomes totalling £64,000—so neither of them is a higher rate taxpayer—may receive the CTC in full. That is profoundly unfair.

6 pm

The Minister must explain the delay between the abolition of one tax benefit and the introduction of another. I hope that she will not regale the Committee with comments about how marvellous the CTC is without explaining that fundamental unfairness. The proposal is grossly unfair and shows no regard for the needs of children. It will also discriminate against marriage, as couples who are co-habiting in a loose arrangement could, through ignorance, misunderstanding or fraud, fail to recognise when liability arises.

In the Budget, the Chancellor is not only ignoring marriage, but is structuring his proposals in a way that disadvantages married couples, especially those who sacrifice income to care for their children or elderly dependants. For the reasons that I have given, I believe that the proposals will encourage fraud. Surely a fairer solution would be to provide for the credit to go to the caring spouse or to allow married couples to pool their allowances and reliefs. This measure does not permit that.

Why is this issue important? The Chancellor of the Exchequer said:
"The tax system sends critical signals about … activities that a society wishes to promote or deter."—[Official Report, 2 July 1997; Vol.297,c.311.]
As the Chancellor has said that, the Government must explain to the Committee why there is a year's delay. I can conclude only that, by their decision to end the married couples allowance in the year that it is being ended, the Government are sending a clear signal that there is no value in marriage—certainly in the tax system—for children or for anyone else. That is completely contrary to what other people in the Government are saying.

The Home Secretary's consultation document "Supporting Families" recognises that marriage is still the surest foundation for raising children. In the Budget, the Chancellor highlighted the fact that £4 billion of new money was being made available to families. Much of that new money is tied up in the children's tax credit and the working families tax credit, which no doubt the Minister will make a great deal of when she replies to the debate. I do not pretend to know what is in her briefing documents, but I am sure that that will be the nature of her defence against this attack.

The hon. Gentleman will know that the creation of the children's tax credit is dealt with in clause 27, which we are not discussing. We are discussing the abolition of the married couples allowance. Although I shall do my best to respond to the hon. Gentleman, I am sure that Mr. Lord will keep me in order. I plead with the hon. Gentleman not to give me an impossible task. If he stays in order, I can deal with everything.

I assure the hon. Lady that I certainly do not want to place so courteous a Minister in an impossible situation.

Whatever is said in defence of the figures in the Budget, the reality is that families, particularly married couples, will receive much less than we were led to believe on 9 March. The Red Book reveals that there is only £400 million of new money for families in 1999–2000, and that there will be a cut of £125 million in 2000–01 and £940 million in 2001–02. That is why the date when the married couples allowance is to be phased out is important.

The Government are shuffling money around. They are taking more from some families and giving it to others. The Government will say that they are taking money from better-off families and giving it to poorer families. That is the nature of their defence. However, research has shown that many families who will lose out as a result of these Budget measures will be worse off than families who will benefit. It is difficult to make one's way through the complexities of the proposals to phase out the married couples allowance and to introduce the children's tax credit and the working families tax credit, but that will be the result.

We were told that the saving in a full year from the withdrawal of the married couples allowances would be sufficient to fund a children's tax credit of £10 a week—not £8 a week as proposed in the Red Book. So families lose out again. Where is that missing £2, and what is being done with it?

The Chancellor and the Paymaster General are claiming that, as a result of the Budget policies, including the scrapping of the married couples allowance, all families will have a minimum income of £200 a week, and that no net income tax will be paid until earnings exceed £235 a week. In his Budget speech, the Chancellor said:
"Every working family will be guaranteed a minimum income. It will be introduced in October … at £200 a week—more than £10,000 a year. No income tax will be paid until earnings reach £235 a week."—[Official Report, 9 March 1999; Vol.327,c.187.]
That statement was repeated in the Red Book, which said that
"no family earning less than £235 a week (over £12,000 a year) will pay any income tax from October 1999."
It was also repeated in the Treasury's Budget press release on Budget day, which spoke about

"a minimum income guarantee of £200 a week for every family with a full-time earner."
It was repeated by the Paymaster General in her speech on Third Reading of the Tax Credits Bill.

Although those statements are correct for the majority of families, they are not correct for all families. The Government must deal with that point. They assume that the family will get the working families tax credit. Families do not receive any working families tax credit if they have savings—for instance, following redundancy—of £8,000. Why are we discriminating against families who happen to have modest savings?

I agree with the Government that it is right for the tax benefits system to look after lone parents. Many of them are lone parents through no fault of their own, and there is no reason why the tax system should not look after them, but the Chancellor is doing so at the expense of couples. That is the point that we are making, and that is what is unfair. In particular, it is at the expense of married couples who provide greater security for children. That is not an attack on lone parents. If we want to help lone parents, the right way is not to discriminate against married couples.

In the Budget, married couples are disadvantaged at every turn. That is not a fair way of proceeding. Although the Chancellor claims to be introducing a fair tax system, it is one that takes no account of the costs of a second adult. The Government defend their proposals by saying that they can afford to get rid of married couples allowance on that date because of the new and improved working families tax credit. That takes no account of the additional costs of the second adult.

My hon. Friend will have received the same complaints in his Lincolnshire constituency as I have had in my Lincolnshire constituency from married couples who are childless but poor. The problem is exacerbated for elderly or disabled married couples. For those people, there is not simply a gap, but a gulf.

Yes, for people on good incomes there is a gap, but for poorer families there may be a devastating gulf that can put them in real poverty. The other point that we are trying to put across in this debate is that, if one works one's way through the complexity of these proposals, one finds that insufficient account is taken of the costs of children.

The main point that we want to make is that single earner couples are particularly disadvantaged. One partner sacrifices his or her prospects—it is usually her prospects—to stay at home to look after children. Those people will continue to be singularly disadvantaged. The national child care strategy is designed to give parents a genuine choice but, in practice, all the resources will go towards supporting professional child care, and none will be explicitly directed towards carers at home. That is what worries us.

This Government have substantially increased child benefit, something that the hon. Gentleman's Government failed to do. We have been responsible for the largest increases since the introduction of the benefit. Moreover, the benefit goes directly to the carer, regardless of his or her employment status.

Of course I welcome the increase in child benefit—indeed, I would have to declare an interest if I did not—but the Paymaster General's intervention does not address the point that we are making. It is a red herring, because child benefit goes to families of all kinds. My point, with which the hon. Lady will probably find it difficult to deal, is that the Budget proposals are directed entirely towards families on relatively low incomes, in which one parent—normally the mother—stays at home. It is not a question of the Budget's being tax neutral, although in my view that is bad enough.

Order. The hon. Gentleman must tell the Committee why the date of implementation is important.

You will be pleased to hear, Mr. Lord, that, having explained the broad philosophy on which my view is based, I am about to deal with the specific question of why the date is important. It is important because the Government have deliberately structured all their proposed changes to ensure that they are introduced—dare I say it—by stealth. [HON. MEMBERS: "No."] It is true. The Government know that the phasing out of the married couples allowance is deeply unpopular, and are trying to convince the nation, and the Committee, that we need not be over-concerned about it because of the increase in child benefit—which will be introduced in 2000—and the introduction of children's tax credit. Children's tax credit, however, will not be introduced until a year after the abolition of the married couples allowance.

I want to know the reason for that gap year. No doubt the Paymaster General will be able to deal with my question very easily. What argument can possibly be adduced to justify a gap that could make things very difficult for couples?

The children's tax credit will disadvantage single-earner couples. The fairness that the Chancellor seeks will not be conferred by a system that withdraws credit from single-earner couples with an income of £38,000. That point, surely, is unanswerable.

The Government face an important task. Those who look at the figures will end up with the unalterable conviction that married couples are being attacked, and that married couples in which one partner stays at home are being attacked particularly viciously. Why are the Government, in order to save a little money—

In the case of a married couple with six children, the wife may well stay at home to look after those children. It is not just married couples who are likely to suffer; married couples with large families are likely to suffer, and it is they who need support most.

I do not know why my hon. Friend gives the example of a married couple with six children, but that is a situation that I know quite intimately. Therefore, I can only agree with my hon. Friend.

I hope that the Paymaster General will give us some information about the gap year. I also hope that—subject to your strictures, Mr. Lord—she will explain why the married couples allowance, which has figured so prominently in our public life for the best part of the century, should now be abolished.

6.15 pm

What is a "stealth tax"? Is it a stealth tax to abolish a tax, as we intend to do, or is it a stealth tax to eat away gradually at an allowance, as the Tories did? That was stealth. We are being very open about what we are doing: the allowance is being abolished. Let us get that out of the way, and go straight to the nuts and bolts of the amendment rather than meandering. Let us analyse the amendment, and what its impact would be.

The amendment assumes that the introduction of children's tax credit represents a direct substitution for the married couples allowance. That is a false assumption. I do not know whether it is based on mischief, or has been cobbled together on the basis of misunderstanding and ignorance.

It was the hon. Gentleman's Chancellor of the Exchequer who said in his Budget statement that he would replace the married couples allowance with the children's tax credit.

The hon. Gentleman clearly did not listen carefully enough. It seems that it is a mixture of ignorance and mischief. In fact, the children's tax credit is not a direct substitute for the married couples allowance, and was never intended to be. As the Chancellor said himself, this is a broader strategy, in which we abolish the married couples allowance as part of a policy to support families.

As important as the children's tax credit is the working families tax credit, which kicks in in October 1999. It is part of the same strategy. What about that—and what about the fact that child benefit has already risen by £2.50? Any fool can see that those are not simultaneous, equal substitutions. By virtue of the working families tax credit, the children's tax credit starts in October 1999.

The hon. Gentleman says that those developments are unrelated, but is not the net effect less money for families, including needy families, and more for the Chancellor? Presumably the hon. Gentleman believes in the redistribution of wealth; this, surely, does not represent that in any sense.

Families will receive much more money. In the case of the hon. Gentleman, it is ignorance; in the case of the hon. Member for Bognor Regis and Littlehampton (Mr. Gibb), it is mischief.

As part of our strategy, we are introducing the biggest-ever increase in child benefit. The working families tax credit kicks in in October 1999, and, a year or so later, there will be even more good news for families in the form of the children's tax credit. The hon. Member for Gainsborough (Mr. Leigh), who moved the amendment, asked why we had delayed. That suggests that the amendment was, in fact, prompted by ignorance. If they think about it, hon. Members will realise that the working families tax credit is quite a complicated system. Do we really want to introduce the children's tax credit at the same time, in view of the practicalities of its administration by the Inland Revenue, and families' ability to understand it enough to claim it? The answer, of course, is no. That is why we are introducing the working families tax credit before the children's tax credit. It makes a great deal of sense.

The amendment implies that a substitution is involved, and accordingly makes assumptions about costs and values. In fact, as has already been said, the children's tax credit is much more valuable than the married couples allowance in the case of married couples with children, and the Government are targeting their resources accordingly. The married couples allowance is worth £197; the children's tax credit will be worth a massive £416. We are giving benefits where they are needed. There have been no substitutions or replacements. Therefore, amendment No. 8 is entirely fallacious.

Delaying abolition by one year would cost the Exchequer £2 billion. Once again, I ask the Opposition from where they would find that money—from stealth taxes, or by cuts to family benefits? The hon. Member for Bognor Regis and Littlehampton—"the Rumbler", as he is now known—will have to explain which it will be. Moreover, if we add that £2 billion to the long-term costs—the discounted value of providing the married couples allowance to all future pensioners—that would have been created by passing amendment No. 1, we should have to know what other stealth taxes and cuts the Opposition are considering.

Thank goodness—for the taxpayer and for families—that the Government are moving ahead with our agenda.

I support amendment No. 8, which is an excellent amendment, for two reasons. The first—my hon. Friend the Member for Gainsborough (Mr. Leigh) has already very strongly made this case—is that the Government plan a one-year gap between abolishing the married couples allowance and introducing the children's tax credit.

The second is that deferring abolition of the married couples allowance for one year would allow a proper period in which to reconsider the tax system's role in properly recognising marriage. Such a period would also allow time for examination of some of the technical arguments made by Labour Members, and for consideration of some of the imaginative ideas of Opposition Members on how the system might better recognise marriage.

My hon. Friend the Member for Gainsborough, in describing the one-year gap between abolition of the married couples allowance and introduction of the children's tax credit, not only touched on an argument made in the previous debate, but anticipated the Minister's argument that the working families tax credit, for example, will provide extra money for families.

When the previous Government significantly reduced the married couples allowance, was not their "gap" strategy to freeze child benefit?

As 1 made clear in an earlier debate, I shall not defend the previous Government's record on the matter. As someone who has written much stating that the issue lost us a lot of support, I tell the hon. Lady that if she or any other Labour Member went to the polls saying that developing that strand of Conservative policy was the best way forward, full marks to her—but I should like to see the evidence.

It means that cutting the married couples allowance was a mistaken policy, and that it would be an even greater mistake to abolish it.

No, I shall not. I have only just started my speech, and I should like to develop my point.

One year after abolition of the married couples allowance, the children's tax credit will be introduced. The CTC and the working families tax credit—which will already be in place—are both means-tested benefits. I know that you, Mr. Lord, would stop me if I were to develop that point at length. However, Labour Members addressed the issue in the previous debate, and I should like to make the point that we are debating not only the issue of putting money into people's pockets, but the signals that we are sending in doing so.

The WFTC will cause vast numbers of families to face huge marginal tax rates and benefits withdrawal. The married couples allowance is a universal measure, and it creates no such traps. Moreover, as has already been said, the married couples allowance benefits most those who are the lowest paid. The wealthy do not notice an extra pound or two. Those who most notice that money are those who are close—but not quite close enough—to the benefits entitlement level.

If it is true that those who do need the allowance appreciate it, and that the wealthy do not notice it, should not the Government be targeting resources on those who need the allowance and will appreciate it, and not continuing to provide it to those who—in the hon. Gentleman's own words—do not notice it?

I do not think that the hon. Gentleman heard an earlier point that I made—which I shall repeat briefly. By practising such targeting, one causes the exact problem identified by many hon. Members—including the right hon. Member for Birkenhead (Mr. Field), and, famously, the late Sir Brandon Rhys Williams, a distinguished Conservative colleague—and recognised by a huge spectrum of opinion outside the House: tapers that cause all the problems that I mentioned earlier. However, I must now speak to the narrow terms of the amendment.

The one-year gap is the first reason that I oppose the measure. Those who will most keenly feel the gap's effect are not those on income support or those at the very bottom of the benefits eligibility scale, but those who are a little above eligibility. They will lose a universal benefit, but, for a full year, will not receive CTC. Consequently, they will be less well off. Although I accept that we have to consider the overall cocktail, the working families tax credit will not make up for the problem of tax changes and benefits withdrawal, especially—as I said in the earlier debate—for couples receiving housing benefit. The one-year gap is of the Government' own making, although, as my hon. Friend the Member for Bognor Regis and Littlehampton (Mr. Gibbs) said, the Chancellor was less than clear in describing it in his Budget speech.

As I said, my second reason for supporting the amendment is to give the Government a year to think again about the structure of any type of marriage allowance. Incidentally, the rather patronisingly termed "married man's allowance" was only comparatively recently renamed the married couples allowance.

Some Labour Members expressed technical objections to the current structure of the married couples allowance, and I have absolutely no doubt that we shall revisit those objections when the Minister replies to the debate. Labour Members described how some non-married people benefit from the allowance. Some Opposition Members, including the Leader of the Opposition, have made the point that the allowance would be better if it were transferable.

If we deferred the measure's implementation for a year, we could consider how we might better arrange structures for marriage support. It would be totally wrong for the House to send the signal that it does not think that marriage should be recognised in the tax system.

It is worth reiterating the point made by the Home Secretary, who is strongly committed to addressing the issues of family breakdown and its effect on young people. He said:
"marriage is still the surest foundation for raising children."
If the Home Secretary believes that, why, oh why, do the Government want to abolish the married couples allowance? Why not allow an extra year to think about a better structure for recognising marriage?

I apologise to my hon. Friend, as I shall shortly have to leave the Chamber to attend a meeting with our right hon. Friend the Leader of the Opposition. The Red Book mentions only "families". There is an aversion among Labour Members, and particularly in the Prime Minister's own mind, to mentioning the M-word—marriage. The Red Book makes no reference to marriage. The Government's measures are directed at children, but specifically avoid trying to promote marriage—although the Home Secretary says the Government are intent upon doing so.

6.30 pm

I am most grateful to my hon. Friend for anticipating my point. I should like to make two observations, the first of which stems clearly and directly from his words. He is absolutely right to say that it is extraordinary, especially given that the Home Secretary has bravely spoken of the importance of marriage to the system, that we should phase out the married couples allowance instead of delaying at least for a year and trying to replace it with a better structure.

Let me share with the Committee a single statistic, which can be presented in two interesting ways, which illustrate just how critical marriage is to child raising and why it would be worth taking an extra year to reconsider abolishing the married couples allowance.

The hon. Member for Kingston and Surbiton (Mr. Davey) quoted from "Social Trends 1999". My information comes from the Library's analysis of two documents, one of which is "Social Trends 1999". I asked the following question: if a child was born 10 years ago to a married couple and if a child was born 10 years ago to an unmarried couple living in an allegedly stable relationship, what chance would there be that the parents would still be together today? The answer was 81 per cent. in respect of the former case, and a mere 15 per cent. in the latter case, unless the couple had got married during that 10 years.

If one turns the statistic the other way round—[Interruption.]

Order. We cannot have casual conversations across the Chamber. I remind the hon. Gentleman that we are discussing specific dates and I would be grateful if he returned to the amendment.

I would be grateful for one extra sentence on this, Mr. Lord.

If one turns the statistics around, they reveal that there is a 91 per cent. chance that the unmarried parents will either get married or split up within 10 years. That is why we need an extra year to think about the proposal.

I should be grateful if the hon. Gentleman would let me finish my point. I said that I would give way to the hon. Member for Edmonton (Mr. Love). I have been generous in giving way and have already given way three times in seven or eight minutes.

As I said, the second case for delaying for a year is that it would provide breathing space to allow the House to consider again whether or not it wants to cast aside the best method of raising children.

I thank the hon. Gentleman for giving way. I have some difficulty in understanding the relevance of his argument to the married couples allowance. Can he give the Committee any evidence of the role of the married couples allowance in maintaining marriages in this country?

If I reply to that point, I shall risk being out of order. It has been a feature of both of this afternoon's debates that Conservative Members trying to make the case for particular amendments have been challenged by interventions from Labour Members that go well beyond the amendments, so that we are bound to go beyond the amendment in replying to them. However, I shall answer the hon. Gentleman. Given the overwhelming evidence that there is more likely to be a stable family when parents are married and that married parents are much more likely to stay together, it is at least a desirable objective that we should encourage marriage.

I would turn the hon. Gentleman's point around and ask him the following question: does he or any other hon. Member present in the Chamber really believe that the measures in a Budget have no effect at all on behaviour? If he does, I am not sure why we bother to provide tax reliefs of one sort or another if we do not think that they affect behaviour. I am certain that many of my constituents, not all of whom support the Conservative party, see the decision to abolish the married couples allowance that is embodied in the clause—and which the amendment would defer for a year—as a severe blow against the single most important institution in the country.

The hon. Member for Gainsborough (Mr. Leigh) has tabled a narrow amendment, but introduced a rather broader debate. To that extent, he has done the House and this Committee a service.

Ultimately, one's assessment of the married couples allowance and the amendment proposing a year's delay before it is abolished depends on the view one takes of the fiscal and social purposes of the tax system in general and the married couples allowance in particular. It raises two questions. The first is whether one agrees with using the tax system to pursue particular policy aims, and the second is whether a particular tax break or allowance meets those objectives.

I believe that the tax system should support family life and not just marriage and that our first concern in providing that support must be the children, particularly the 4 million children who are growing up in poverty. The abolition of the married couples allowance, the introduction of the children's tax credit, the working families tax credit and a range of other measures have precisely that aim.

Of course, the married couples allowance is a tax credit and the same flat rate linked allowances are also payable to married couples, single parents and unmarried parents living together. In particular, as the married couples allowance can be paid out at twice the rate, individually, to separating or divorcing couples during the year of their separation, it cannot be said that it encourages or reinforces marriage. This afternoon, hon. Members on both sides of the Committee have recognised that people marry for reasons other than tax. Therefore, delaying the proposal is not the answer.

The abolition of the married couples allowance is overdue and should not he delayed as amendment No. 8 proposes. The original rationale for its predecessor, the married man's allowance, was that, in 1918, when it was introduced, marriage imposed additional burdens that needed to be recognised by the tax system. In those days, when two people got married, they became dependent on one salary. Women almost invariably gave up work when they married. That is no longer the case, as the Paymaster General pointed out during our debate on amendments Nos.1 and 2—70 per cent. of married women now work. Therefore, marriage no longer results in a fall in couples' joint income or an increase in costs or financial penalties. Indeed, one could argue that married couples without children are often better off than when they lived separately.

However, marriage has a bearing on the tax system when it has a bearing on earnings capacity. Very often—although not exclusively—marriage results in children, and women often take a career break to have, and care for, their children. At that point, there is greater dependency and increased costs and there is a case for more support from the tax system. It is precisely where my right hon. Friend the Chancellor has stepped up support and proposes to do so further with large increases in child benefit and the introduction of the children's tax credit and the working families tax credit.

The clause, if it remains unamended, will implement the decision to end the basic married couples allowance. It also specifies the relevant dates for that implementation. Essentially, it takes to their logical conclusion the changes to the MCA introduced by successive Tory Chancellors, who, by progressively reducing the allowance from 40 per cent. to 15 per cent., were well on the way to the step proposed in the Bill.

Amendment No. 8 would simply delay the logical action that the Government propose, which is based on the November 1993 observation by the right hon. and learned Member for Rushcliffe (Mr. Clarke), who was then Chancellor of the Exchequer and who said, quite candidly and characteristically, that the married couples tax allowance was a "bit of an anomaly". The amendment would frustrate the Government's intention with clause 28, which is part of a wider move to redefine the nature and purposes of tax breaks for families and to redirect resources better to support those families and children who have extra costs and real needs.

The Government's plans are clear. There is no case for delaying the date of implementation, and I urge the Committee to oppose amendment No. 8.

I agree with many of the arguments advanced by the hon. Member for Wentworth (Mr. Healey) against the amendment and against delay. He is right to say that the married couples allowance is now outdated, and he was right to recall that the former Chancellor, the right hon. and learned Member for Rushcliffe (Mr. Clarke), termed it an anomaly. The money currently paid out in the married couples allowance is compounded by the tax revenue that the Exchequer thereby forgoes. The Government's proposals go some way towards using that money more effectively to support families and their children.

The faults in the stance of Conservative Members on this matter were exposed when the hon. Member for Gainsborough (Mr. Leigh) compared the tax incentive for marriage—which is what he considers the married couples allowance to be—with the tax incentives given for taking out pensions, or for employee share ownership. I suggest that marriage is not a financial undertaking. It happens for many reasons, the least of which is financial rationale.

It is sensible to have financial incentives for financial transactions such as pensions or share ownership, but not for something that is completely different. That is why the abolition of the married couples allowance should not be delayed.

That is a fair point, but I am sure that the hon. Gentleman will agree that the tax system has been used to encourage home ownership for years. That is much more than just a financial transaction: it is the most important element in people's lives, after their personal family life. The tax system can be used to encourage behaviour that society considers useful, as society considered it useful to encourage home ownership.

I am afraid that the hon. Gentleman only emphasises my point. The problem with mortgage tax relief is that it hurts people on low incomes. Such people often cannot get the benefit of it, and it has distorted the housing market so that social and rented housing has been less affordable. Therefore, the relief ran counter to the aim of helping families on low incomes.

One of my key arguments in this debate is that the married couples allowance did not assist marriage or families. Like the hon. Member for Gainsborough, I believe that we need a set of policies to promote marriage and to keep families together, but we should not look to the tax system to achieve them.

In this debate, Conservative Members have put forward four fallacies about family policy. First, they are considering only one aspect of public policy and ignoring a range of matters that are much more germane to the promotion of the family. For example, they have forgotten the benefits system—family credit, child benefit and housing benefit, and so on. Many of those aspects of public policy are far more relevant to the aim of sustaining families and the institution of marriage.

6.45 pm

Other elements that seem to have been ignored include education policies governing school hours, the national curriculum and our attitude to sex education. Also important are employment policies with respect to child care, parental leave and working hours. Those areas of public policy would be far more fruitful for the promotion of the family. Often, families are torn apart because their members rarely meet, with parents hardly ever seeing their children or each other because they work such long hours outside the home.

Order. I wonder whether the hon. Gentleman can now relate his remarks to the date of implementation.

I take your direction in this matter, Mr. Lord, but I make these points because I believe that the married couples allowance is outdated and should be got rid of as soon as possible. We should pursue other policies to promote the family and marriage. The sooner that the MCA is abolished—and the sooner that the resources spent on it are used elsewhere—the better. I know that my initial remarks were some way off the topic, Mr. Lord, but they were germane.

Far more important than the retention of the married couples allowance is the support that the Government give to relationship counselling, especially to Relate, the former Marriage Guidance Council. Government support for such counselling would go much further towards achieving the objectives of the hon. Member for Gainsborough.

The second fallacy trotted out in the debate is that people marry for tax reasons. If that were true, the divorce rate would not have risen and people would not marry increasingly later in life. As the section on household and families in "Social Trends 1999" states:
"Between 1971 and 1996 the average age in Great Britain at first marriage rose from 25 years to 29 years for men and from 23 years to 27 years for women."
If the married couples allowance had given people an incentive to get married, and thus supported the institution of marriage, the trend would have been in the opposite direction.

The married couples allowance fell in that period, so if the direct linkage that the hon. Gentleman seeks does in fact exist, the argument is exactly the other way around.

For most of that period, the allowance did not fall, and in some Budgets it was increased above indexation. I am afraid that the hon. Gentleman's point is therefore not valid.

Except for one year, at no time did the allowance go up by more than the combined rate of prices and economic growth. As a proportion of income, it did not rise, and in several of the years it fell. If anything, the argument is slightly against the hon. Gentleman, whose point could stand only if the married couples allowance had risen consistently in each year of the period that he has quoted. For my sins, I used to be a professional statistician and I urge the hon. Gentleman to think about what he is suggesting.

We could bandy about our recollections of when Budgets put the married couples allowance above indexation and when they did not, but the truth is that, in the period to which I referred, the average age at marriage rose. The supposed tax incentive in the allowance had no contrary effect.

It is symptomatic of many of the attitudes to social policy among Conservative Members that they are very atomistic in their approach. Conservative Members look at such matters in the same way as they look at balance sheet calculations. People's lives are not like that. People do not take decisions in that narrow, financially driven way. Decisions are taken for many other reasons.

The third fallacy, and another reason why married couples allowance should be abolished this year, is the apparent belief of the Conservatives that it has been a good way to support marriage and the family. The record does not show that to be so. Indeed, Conservative Chancellors did not think so. It is a mystery why Conservative Members are not more shamefaced about all this. When their Chancellors reduced the value of the married couples allowance, they did not often redeploy the saved resources into family friendly policies such as increased child benefit or child care support.

I am pleased that the hon. Gentleman has the honesty to nod in affirmation. The Conservatives must at least admit that the Government are putting resources into support for children and families.

The hon. Gentleman said that one reason for Conservative opposition to the delay was that the children's tax credit was not being introduced until next year. However, the Conservatives seem conveniently to have forgotten that child benefit has been increased, and will be increased further. The working families tax credit is also coming in, as is the child care tax credit. A back-of-an-envelope calculation would show that families with children are far better off as a result of that package of measures than they would be if we had simply retained the married couples allowance.

That is not to say that the Liberal Democrats have no criticism of the Government's family policy and the collection of tax benefits that they are giving to families with children. As I said on Second Reading, they are producing a complex system of support for families with children, including child benefit, the children's tax credit, working families tax credit and the child care tax credit. People are confused about this complex system of support. However, the Government are giving support, and we welcome the changes to that extent.

The Liberal Democrats will vote against amendment No. 8 because the Government are following the logic of their predecessors by saying, as Conservative Chancellors admitted, that the married couples allowance does not achieve the ends that people seek. There are far better ways to support marriage and the family. I hope that the Committee will reject the amendment.

I support the amendment and congratulate my hon. Friend the Member for Gainsborough (Mr. Leigh) on his excellent introductory speech. One of the most glaring sleights of hand, pocketing £1.4 billion for the Chancellor, was the putting into effect of the children's tax credit a full year after abolition of the married couples allowance. It is sheer hypocrisy for the Chancellor to claim, as he did in his Budget speech, that the married couples allowance is being replaced by the children's tax credit.

The amendment brings the dates together. The abolition of married couples allowance is just another stealth tax that will increase income tax bills. The delay of a year before introduction of the children's tax credit is a further revenue-raising ruse that will be widely recognised for what it is.

The hon. Member for Gainsborough (Mr. Leigh) made several suggestions about resources being provided for families. My right hon. Friend the Chancellor made it clear in his Budget speech that family life is the foundation of our society. Our first principle is support for the family, and the interests of children must be paramount.

Many points made in both debates this evening have been about the married couples allowance. It was originally provided for married men, from 1918, in recognition of the fact that their wives were not in paid employment after marriage. That lasted until just before the second world war when the Government of the day advanced tax policy to encourage married women to stay in the labour market or return to it.

After years of amendment and change, the present Government inherited a married couples allowance that is, in fact, restricted neither to marriage nor to couples. Nor, indeed, is it strictly an allowance, as it is a tax credit paid at the same flat rate to married couples, single parents and unmarried parents who live together. Far from recognising marriage, as the hon. Member for Gainsborough suggested, the allowance is so confused that it can even be paid twice—at the full rate to both partners in the year of separation or divorce. A married couples allowance that can pay more for separation or divorce surely cannot be said to uphold the institution of marriage.

The point made several times by Conservative Members is that anomalies of that sort could be ruled out by having a year's delay. There is a serious underlying issue to the amendment, not just a technical objection.

I shall come shortly to the points made by the hon. Members for Bognor Regis and Littlehampton (Mr. Gibb)—whose incorrect understanding of the Budget we heard, once again, from the Dispatch Box—for Canterbury (Mr. Brazier) and for Gainsborough. The hon. Member for Kingston and Surbiton (Mr. Davey) was quite correct in what he said about what is being provided to families.

First, however, I shall outline some facts. Child poverty has increased dramatically since 1979. The bottom 10 to 20 per cent. of children have lower real incomes now than in 1979. The United Kingdom has one of the highest rates of child poverty in the industrialised world. The Chancellor is seeking specifically to help families with children whose budgets are under enormous pressure. Many of them are trapped in poverty.

The hon. Member for Gainsborough said that the proposals for the children's tax credit were less generous than the married couples allowance would have been if it was indexed. He mentioned £552, but he did not say that the base year for that was 1990. He was referring to the value of the married couples allowance before the Conservative Government made substantial cuts—what we would now, I think, call a stealth tax.

Had the hon. Gentleman made his comparison with the value of married couples allowance inherited by the Labour Government, he would have been talking about something like £274.50 a year. The children's tax credit provides £416 a year, and one need not be a mathematical genius to work out that that is far more generous.

The second Opposition proposition was that there was a gap year—that we were taking £197 a year away from the families with children upon whom Conservative Members have concentrated, and made no other policy changes. The hon. Gentleman said that, as a parent, he was in receipt of child benefit, so I remind him that child benefit was increased by £2.95 this month, and that next April there will be another increase, with the premium for the second child also going up. For families with more than one child, those increases in child benefit alone are worth more than the loss of the married couples allowance—and the Government have done more than that.

The idea that the hon. Member for Bognor Regis and Littlehampton advanced—that there is a gap year, and that we are stealing funds from families—ignores the fact that the working families tax credit will be increased by £4.70 a week from October, before the married couples allowance is taken away. There is no gap year. Resources greater than the married couples allowance, which has yet to be taken away, are being given to families with children. The additions will be paid before the allowance disappears, and they will also receive the children's tax credit.

After all the discussion about marriage, and all the importance that Conservative Members have attributed to the married couples allowance, what is their proposition? They suggest not that the allowance should be saved, but that its abolition should be delayed for a year—that we should allow the present chaos surrounding the allowance to continue.

7 pm

Presumably, the Conservatives want to vote against the increase in child benefit and the working families tax credit, and the increase in the income support premium, which have all been provided for this year, before the married couples allowance is abolished. That fact does not fit in with their simplistic argument that the Chancellor is taking money away and hiding it in the Treasury rather than paying it out.

It is clear from the information in the Red Book, and from what I have said this evening, that families with children in the greatest need will receive payments from the Government to help them. The best way to help married couples and families is to ensure that they and their children can be lifted out of poverty. What drives families apart is a lack of resources and the grind of poverty, and that is where the Government are trying to help. I urge the Committee to reject the amendment.

Question put, That the amendment be made:—

The Committee divided: Ayes 131, Noes 296.

Division No. 154]

[7.3 pm

AYES

Ainsworth, Peter (E Surrey)Gill, Christopher
Amess, DavidGorman, Mrs Teresa
Ancram, Rt Hon MichaelGray, James
Arbuthnot, Rt Hon JamesGreen, Damian
Atkinson, Peter (Hexham)Greenway, John
Baldry, TonyGrieve, Dominic
Beggs, RoyGummer, Rt Hon John
Beresford, Sir PaulHamilton, Rt Hon Sir Archie
Boswell, TimHammond, Philip
Bottomley, Rt Hon Mrs VirginiaHawkins, Nick
Brady, GrahamHayes, John
Brazier, JulianHeald, Oliver
Brooke, Rt Hon PeterHeathcoat-Amory, Rt Hon David
Browning, Mrs AngelaHogg, Rt Hon Douglas
Bruce, Ian (S Dorset)Horam, John
Burns, SimonHoward, Rt Hon Michael
Cash, WilliamHowarth, Gerald (Aldershot)
Clappison, JamesJack, Rt Hon Michael
Clark, Rt Hon Alan (Kensington)Jackson, Robert (Wantage)
Clark, Dr Michael (Rayleigh)Jenkin, Bernard
Clifton-Brown, GeoffreyJohnson Smith,
Collins, TimRt Hon Sir Geoffrey
Cormack, Sir PatrickKey, Robert
Cran, JamesKing, Rt Hon Tom (Bridgwater)
Davies, Quentin (Grantham)Kirkbride, Miss Julie
Davis, Rt Hon David (Haltemprice)Laing, Mrs Eleanor

& Howden)

Lait, Mrs Jacqui
Day, StephenLansley, Andrew
Donaldson, JeffreyLeigh, Edward
Duncan, AlanLetwin, Oliver
Duncan Smith, IainLewis, Dr Julian (New Forest E)
Emery, Rt Hon Sir PeterLilley, Rt Hon Peter
Fabricant, MichaelLloyd, Rt Hon Sir Peter (Fareham)
Fallon, MichaelLyell, Rt Hon Sir Nicholas
Flight, HowardMacGregor, Rt Hon John
Forsythe, CliffordMcIntosh, Miss Anne
Forth, Rt Hon EricMacKay, Rt Hon Andrew
Fox, Dr LiamMaclean, Rt Hon David
Fraser, ChristopherMcLoughlin, Patrick
Gale, RogerMajor, Rt Hon John
Garnier, EdwardMates, Michael
Gibb, NickMaude, Rt Hon Francis

Mawhinney, Rt Hon Sir BrianStreeter, Gary
May, Mrs TheresaSwayne, Desmond
Moss, MalcolmSyms, Robert
Nicholls, PatrickTapsell, Sir Peter
Norman, ArchieTaylor, John M (Solihull)
Ottaway, RichardTaylor, Sir Teddy
Paice, JamesThompson, William
Paterson, OwenTredinnick, David
Pickles, EricTrend, Michael
Prior, DavidTrimble, Rt Hon David
Randall, JohnViggers, Peter
Redwood, Rt Hon JohnWalter, Robert
Robertson, Laurence (Tewk'b'ry)Wardle, Charles
Roe, Mrs Marion (Broxbourne)Waterson, Nigel
Ross, William (E Lond'y)Whitney, Sir Raymond
Ruffley, DavidWhittingdale, John
St Aubyn, NickWiddecombe, Rt Hon Miss Ann
Sayeed, JonathanWilletts, David
Shephard, Rt Hon Mrs GillianWinterton, Mrs Ann (Congleton)
Shepherd, RichardWinterton, Nicholas (Macclesfield)
Simpson, Keith (Mid-Norfolk)Woodward, Shaun
Smyth, Rev Martin (Belfast S)Yeo, Tim
Soames, NicholasYoung, Rt Hon Sir George
Spicer, Sir Michael

Tellers for the Ayes:

Spring, Richard

Sir David Madel and

Stanley, Rt Hon Sir John

Mrs. Caroline Spelman.

NOES

Adams, Mrs Irene (Paisley N)Chapman, Ben (Wirral S)
Ainsworth, Robert (Cov'try NE)Chaytor, David
Allan, RichardChidgey, David
Allen, GrahamClapham, Michael
Anderson, Donald (Swansea E)Clark, Rt Hon Dr David (S Shields)
Armstrong, Rt Hon Ms HilaryClark, Paul (Gillingham)
Ashdown, Rt Hon PaddyClarke, Eric (Midlothian)
Ashton, JoeClarke, Rt Hon Tom (Coatbridge)
Atkins, CharlotteClarke, Tony (Northampton S)
Austin, JohnClelland, David
Ballard, JackieCohen, Harry
Barnes, HarryColeman, Iain
Beard, NigelConnarty, Michael
Begg, Miss AnneCooper, Yvette
Bell, Stuart (Middlesbrough)Corbett, Robin
Bennett, Andrew FCorbyn, Jeremy
Benton, JoeCorston, Ms Jean
Bermingham, GeraldCotter, Brian
Best, HaroldCousins, Jim
Betts, CliveCrausby, David
Blackman, LizCryer, John (Hornchurch)
Blears, Ms HazelCummings, John
Blizzard, BobCunningham, Jim (Cov'try S)
Boateng, PaulCurtis-Thomas, Mrs Claire
Borrow, DavidDalyell, Tam
Bradley, Keith (Withington)Darvill, Keith
Bradley, Peter (The Wrekin)Davey, Edward (Kingston)
Bradshaw, BenDavey, Valerie (Bristol W)
Breed, ColinDavidson, Ian
Brinton, Mrs HelenDavies, Rt Hon Denzil (Llanelli)
Buck, Ms KarenDavies, Geraint (Croydon C)
Burgon, ColinDawson, Hilton
Burnett, JohnDean, Mrs Janet
Butler, Mrs ChristineDismore, Andrew
Cable, Dr VincentDobbin, Jim
Caborn, Rt Hon RichardDobson, Rt Hon Frank
Campbell, Alan (Tynemouth)Donohoe, Brian H
Campbell, Mrs Anne (C'bridge)Doran, Frank
Campbell, Rt Hon MenziesDowd, Jim

(NE Fife)

Drown, Ms Julia
Campbell, Ronnie (Blyth V)Dunwoody, Mrs Gwyneth
Campbell-Savours, DaleEagle, Angela (Wallasey)
Cann, JamieEagle, Maria (L'pool Garston)
Caplin, IvorEdwards, Huw
Casale, RogerEfford, Clive
Caton, MartinEnnis, Jeff
Cawsey, IanFearn, Ronnie

Fitzsimons, LornaLevitt, Tom
Foster, Rt Hon DerekLewis, Ivan (Bury S)
Foster, Michael Jabez (Hastings)Lewis, Terry (Worsley)
Foulkes, GeorgeLinton, Martin
Galloway, GeorgeLivingstone, Ken
Gapes, MikeLlwyd, Elfyn
Gardiner, BarryLock, David
George, Bruce (Walsall S)Love, Andrew
Gerrard, NeilMcAvoy, Thomas
Gibson, Dr IanMcDonagh, Siobhain
Gilroy, Mrs LindaMcDonnell, John
Godsiff, RogerMcFall, John
Goggins, PaulMcIsaac, Shona
Golding, Mrs LlinMcKenna, Mrs Rosemary
Gordon, Mrs EileenMackinlay, Andrew
Griffiths, Nigel (Edinburgh S)MacShane, Denis
Griffiths, Win (Bridgend)Mactaggart, Fiona
Grocott, BruceMcWalter, Tony
Gunnell, JohnMahon, Mrs Alice
Hall, Mike (Weaver Vale)Mallaber, Judy
Hall, Patrick (Bedford)Mandelson, Rt Hon Peter
Harris, Dr EvanMarsden, Gordon (Blackpool S)
Harvey, NickMarsden, Paul (Shrewsbury)
Heal, Mrs SylviaMarshall, David (Shettleston)
Healey, JohnMarshall-Andrews, Robert
Heath, David (Somerton & Frome)Martlew, Eric
Henderson, Doug (Newcastle N)Maxton, John
Henderson, Ivan (Harwich)Meacher, Rt Hon Michael
Hepburn, StephenMeale, Alan
Heppell, JohnMerron, Gillian
Hesford, StephenMichie, Bill (Shef'ld Heeley)
Hewitt, Ms PatriciaMilburn, Rt Hon Alan
Hill, KeithMiller, Andrew
Hinchliffe, DavidMoffatt, Laura
Hodge, Ms MargaretMoonie, Dr Lewis
Hood, JimmyMoran, Ms Margaret
Hoon, GeoffreyMorris, Ms Estelle (B'ham Yardley)
Hope, PhilMountford, Kali
Hopkins, KelvinMowlam, Rt Hon Marjorie
Howarth, George (Knowsley N)Mudie, George
Howells, Dr KimMullin, Chris
Hoyle, LindsayMurphy, Denis (Wansbeck)
Hughes, Kevin (Doncaster N)Murphy, Rt Hon Paul (Torfaen)
Humble, Mrs JoanNaysmith, Dr Doug
Hurst, AlanOaten, Mark
Hutton, JohnO'Brien, Bill (Normanton)
Iddon, Dr BrianO'Brien, Mike (N Warks)
Illsley, EricO'Neill, Martin
Ingram, Rt Hon AdamÖpik, Lembit
Jackson, Ms Glenda (Hampstead)Palmer, Dr Nick
Jackson, Helen (Hillsborough)Pearson, Ian
Jenkins, BrianPendry, Tom
Johnson, Alan (Hull W & Hessle)Perham, Ms Linda
Johnson, Miss MelaniePickthall, Colin

(Welwyn Hatfield)

Pike, Peter L
Jones, Barry (Alyn & Deeside)Plaskitt, James
Jones, Helen (Warrington N)Pollard, Kerry
Jones, Dr Lynne (Selly Oak)Pound, Stephen
Jones, Martyn (Clwyd S)Powell, Sir Raymond
Keen, Alan (Feltham & Heston)Prentice, Ms Bridget (Lewisham E)
Keen, Ann (Brentford & Isleworth)Prentice, Gordon (Pendle)
Keetch, PaulPrescott, Rt Hon John
Kelly, Ms RuthPrimarolo, Dawn
Kemp, FraserPurchase, Ken
Kennedy, Jane (Wavertree)Quinn, Lawrie
Kidney, DavidRadice, Giles
Kilfoyle, PeterReed, Andrew (Loughborough)
King, Andy (Rugby & Kenilworth)Reid, Rt Hon Dr John (Hamilton N)
King, Ms Oona (Bethnal Green)Rendel, David
Kirkwood, ArchyRoche, Mrs Barbara
Kumar, Dr AshokRoss, Ernie (Dundee W)
Ladyman, Dr StephenRowlands, Ted
Lawrence, Ms JackieRoy, Frank
Laxton, BobRuddock, Joan
Lepper, DavidRussell, Bob (Colchester)
Leslie, ChristopherRyan, Ms Joan

Salter, MartinTonge, Dr Jenny
Sarwar, MohammadTrickett, Jon
Savidge, MalcolmTurner, Dennis (Wolverh'ton SE)
Sedgemore, BrianTurner, Dr Desmond (Kemptown)
Shaw, JonathanTurner, Dr George (NW Norfolk)
Shipley, Ms DebraTwigg, Derek (Halton)
Simpson, Alan (Nottingham S)Twigg, Stephen (Enfield)
Singh, MarshaTyler, Paul
Smith, Rt Hon Andrew (Oxford E)Vaz, Keith
Smith, Angela (Basildon)Walley, Ms Joan
Smith, Jacqui (Redditch)Ward, Ms Claire
Soley, CliveWareing, Robert N
Spellar, JohnWebb, Steve
Squire, Ms RachelWhitehead, Dr Alan
Steinberg, GerryWicks, Malcolm
Stevenson, GeorgeWilliams, Rt Hon Alan
Stott, Roger

(Swansea W)

Stringer, GrahamWilliams, Alan W (E Carmarthen)
Stuart, Ms GiselaWilliams, Mrs Betty (Conwy)
Stunell, AndrewWillis, Phil
Sutcliffe, GerryWills, Michael
Taylor, Rt Hon Mrs AnnWinnick, David

(Dewsbury)

Wise, Audrey
Taylor, Ms Dan (Stockton S)Wood, Mike
Taylor, Matthew (Truro)Wright, Anthony D (Gt Yarmouth)
Temple-Morris, Peter
Thomas, Gareth (Clwyd W)

Tellers for the Noes:

Thomas, Gareth R (Harrow W)

Mr. Greg Pope and

Tipping, Paddy

Mr. David Jamieson.

Question accordingly negatived.

Question proposed, That the clause stand part of the Bill.

The Committee divided: Ayes 300, Noes 132.

Division No. 155]

[7.18 pm

AYES

Adams, Mrs Irene (Paisley N)Cable, Dr Vincent
Ainsworth, Robert (Cov'try NE)Caborn, Rt Hon Richard
Allan, RichardCampbell, Alan (Tynemouth)
Allen, GrahamCampbell, Mrs Anne (C'bridge)
Anderson, Donald (Swansea E)Campbell, Rt Hon Menzies
Armstrong, Rt Hon Ms Hilary

(NE Fife)

Ashdown, Rt Hon PaddyCampbell, Ronnie (Blyth V)
Ashton, JoeCampbell-Savours, Dale
Atkins, CharlotteCann, Jamie
Austin, JohnCaplin, Ivor
Ballard, JackieCasale, Roger
Barnes, HarryCaton, Martin
Battle, JohnCawsey, Ian
Beard, NigelChapman, Ben (Wirral S)
Begg, Miss AnneChaytor, David
Bell, Stuart (Middlesbrough)Chidgey, David
Benn, Rt Hon TonyClapham, Michael
Bennett, Andrew FClark, Rt Hon Dr David (S Shields)
Benton, JoeClark, Paul (Gillingham)
Bermingham, GeraldClarke, Eric (Midlothian)
Best, HaroldClarke, Rt Hon Tom (Coatbridge)
Betts, CliveClarke, Tony (Northampton S)
Blackman, LizClelland, David
Blears, Ms HazelCohen, Harry
Blizzard, BobColeman, Iain
Boateng, PaulConnarty, Michael
Borrow, DavidCooper, Yvette
Bradley, Keith (Withington)Corbett, Robin
Bradley, Peter (The Wrekin)Corbyn, Jeremy
Bradshaw, BenCorston, Ms Jean
Breed, ColinCotter, Brian
Brinton, Mrs HelenCousins, Jim
Buck, Ms KarenCrausby, David
Burgon, ColinCryer, John (Hornchurch)
Burnett, JohnCummings, John
Butler, Mrs ChristineCunningham, Jim (Cov'try S)

Curtis-Thomas, Mrs ClaireJohnson, Alan (Hull W & Hessle)
Dalyell, TamJohnson, Miss Melanie
Darvill, Keith

(Welwyn Hatfield)

Davey, Edward (Kingston)Jones, Barry (Alyn & Deeside)
Davey, Valerie (Bristol W)Jones, Helen (Warrington N)
Davidson, IanJones, Dr Lynne (Selly Oak)
Davies, Rt Hon Denzil (Llanelli)Jones, Martyn (Clwyd S)
Davies, Geraint (Croydon C)Keen, Alan (Feltham & Heston)
Dawson, HiltonKeen, Ann (Brentford & Isleworth)
Dean, Mrs JanetKeetch, Paul
Dismore, AndrewKelly, Ms Ruth
Dobbin, JimKemp, Fraser
Dobson, Rt Hon FrankKennedy, Jane (Wavertree)
Donohoe, Brian HKidney, David
Doran, FrankKilfoyle, Peter
Dowd, JimKing, Andy (Rugby & Kenilworth)
Drown, Ms JuliaKing, Ms Oona (Bethnal Green)
Dunwoody, Mrs GwynethKirkwood, Archy
Eagle, Angela (Wallasey)Kumar, Dr Ashok
Eagle, Maria (L'pool Garston)Ladyman, Dr Stephen
Edwards, HuwLawrence, Ms Jackie
Efford, CliveLaxton, Bob
Ennis, JeffLepper, David
Fearn, RonnieLeslie, Christopher
Fitzsimons, LornaLevitt, Tom
Foster, Rt Hon DerekLewis, Ivan (Bury S)
Foster, Michael Jabez (Hastings)Lewis, Terry (Worsley)
Foulkes, GeorgeLinton, Martin
Galloway, GeorgeLivingstone, Ken
Gapes, MikeLloyd, Tony (Manchester C)
Gardiner, BarryLlwyd, Elfyn
George, Bruce (Walsall S)Lock, David
Gerrard, NeilLove, Andrew
Gibson, Dr IanMcAvoy, Thomas
Gilroy, Mrs LindaMcDonagh, Siobhain
Godsiff, RogerMcDonnell, John
Goggins, PaulMcFall, John
Golding, Mrs LlinMcIsaac, Shona
Gordon, Mrs EileenMcKenna, Mrs Rosemary
Griffiths, Nigel (Edinburgh S)Mackinlay, Andrew
Griffiths, Win (Bridgend)MacShane, Denis
Grocott, BruceMactaggart, Fiona
Gunnell, JohnMcWalter, Tony
Hall, Mike (Weaver Vale)Mahon, Mrs Alice
Hall, Patrick (Bedford)Mallaber, Judy
Harris, Dr EvanMandelson, Rt Hon Peter
Harvey, NickMarsden, Gordon (Blackpool S)
Heal, Mrs SylviaMarsden, Paul (Shrewsbury)
Healey, JohnMarshall, David (Shettleston)
Heath, David (Somerton & Frome)Marshall-Andrews, Robert
Henderson, Doug (Newcastle N)Martlew, Eric
Henderson, Ivan (Harwich)Maxton, John
Hepburn, StephenMeacher, Rt Hon Michael
Heppell, JohnMeale, Alan
Hesford, StephenMerron, Gillian
Hewitt, Ms PatriciaMichie, Bill (Shef'ld Heeley)
Hill, KeithMilburn, Rt Hon Alan
Hinchliffe, DavidMiller, Andrew
Hodge, Ms MargaretMoffatt, Laura
Hood, JimmyMoonie, Dr Lewis
Hoon, GeoffreyMoran, Ms Margaret
Hope, PhilMorris, Ms Estelle (B'ham Yardley)
Hopkins, KelvinMountford, Kali
Howarth, George (Knowsley N)Mowlam, Rt Hon Marjorie
Howells, Dr KimMudie, George
Hoyle, LindsayMullin, Chris
Hughes, Kevin (Doncaster N)Murphy, Denis (Wansbeck)
Humble, Mrs JoanMurphy, Rt Hon Paul (Torfaen)
Hurst, AlanNaysmith, Dr Doug
Hutton, JohnOaten, Mark
Iddon, Dr BrianO'Brien, Bill (Normanton)
Illsley, EricO'Brien, Mike (N Warks)
Ingram, Rt Hon AdamO'Neill, Martin
Jackson, Ms Glenda (Hampstead)Öpik, Lembit
Jackson, Helen (Hillsborough)Palmer, Dr Nick
Jenkins, BrianPearson, Ian

Pendry, TomStott, Roger
Perham, Ms LindaStringer, Graham
Pickthall, ColinStuart, Ms Gisela
Pike, Peter LStunell, Andrew
Plaskitt, JamesSutcliffe, Gerry
Pollard, KerryTaylor, Rt Hon Mrs Ann
Pound, Stephen

(Dewsbury)

Powell, Sir RaymondTaylor, Ms Dari (Stockton S)
Prentice, Ms Bridget (Lewisham E)Taylor, Matthew (Truro)
Prentice, Gordon (Pendle)Temple-Morris, Peter
Prescott, Rt Hon JohnThomas, Gareth (Clwyd W)
Primarolo, DawnThomas, Gareth R (Harrow W)
Purchase, KenTipping, Paddy
Quinn, LawrieTonge, Dr Jenny
Radice, GilesTrickett, Jon
Reed, Andrew (Loughborough)Turner, Dennis (Wolverh'ton SE)
Reid, Rt Hon Dr John (Hamilton N)Turner, Dr Desmond (Kemptown)
Rendel, DavidTurner, Dr George (NW Norfolk)
Roche, Mrs BarbaraTwigg, Derek (Halton)
Ross, Ernie (Dundee W)Twigg, Stephen (Enfield)
Rowlands, TedTyler, Paul
Roy, FrankVaz, Keith
Ruddock, JoanWalley, Ms Joan
Russell, Bob (Colchester)Ward, Ms Claire
Ryan, Ms JoanWareing, Robert N
Salter, MartinWebb, Steve
Sarwar, MohammadWhitehead, Dr Alan
Savidge, MalcolmWicks, Malcolm
Sedgemore, BrianWilliams, Rt Hon Alan
Shaw, Jonathan

(Swansea W)

Sheldon, Rt Hon RobertWilliams, Alan W (E Carmarthen)
Shipley, Ms DebraWilliams, Mrs Betty (Conwy)
Simpson, Alan (Nottingham S)Willis, Phil
Singh, MarshaWills, Michael
Smith, Rt Hon Andrew (Oxford E)Winnick, David
Smith, Angela (Basildon)Wise, Audrey
Smith, Jacqui (Redditch)Wood, Mike
Soley, CliveWright, Anthony D (Gt Yarmouth)
Spellar, John
Squire, Ms Rachel

Tellers for the Ayes:

Steinberg, Gerry

Mr. Greg Pope and

Stevenson, George

Mr. David Jamieson.

NOES

Ainsworth, Peter (E Surrey)Emery, Rt Hon Sir Peter
Amess, DavidFabricant, Michael
Ancram, Rt Hon MichaelFallon, Michael
Arbuthnot, Rt Hon JamesFlight, Howard
Atkinson, Peter (Hexham)Forsythe, Clifford
Baldry, TonyForth, Rt Hon Eric
Beggs, RoyFox, Dr Liam
Bercow, JohnFraser, Christopher
Beresford, Sir PaulGale, Roger
Boswell, TimGarnier, Edward
Bottomley, Rt Hon Mrs VirginiaGibb, Nick
Brady, GrahamGill, Christopher
Brazier, JulianGorman, Mrs Teresa
Brooke, Rt Hon PeterGray, James
Browning, Mrs AngelaGreen, Damian
Bruce, Ian (S Dorset)Greenway, John
Burns, SimonGrieve, Dominic
Cash, WilliamGummer, Rt Hon John
Clappison, JamesHamilton, Rt Hon Sir Archie
Clark, Rt Hon Alan (Kensington)Hammond, Philip
Clark, Dr Michael (Rayleigh)Hawkins, Nick
Clifton-Brown, GeoffreyHayes, John
Collins, TimHeald, Oliver
Cormack, Sir PatrickHeathcoat-Amory, Rt Hon David
Cran, JamesHogg, Rt Hon Douglas
Davies, Quentin (Grantham)Horam, John
Davis, Rt Hon David (HaltempriceHoward, Rt Hon Michael

& Howden)

Howarth, Gerald (Aldershot)
Day, StephenJack, Rt Hon Michael
Donaldson, JeffreyJackson, Robert (Wantage)
Duncan, Alan
Duncan Smith, Iain

Jenkin, BernardRuffley, David
Johnson Smith,St Aubyn, Nick
Rt Hon Sir GeoffreySayeed, Jonathan
Key, RobertShephard, Rt Hon Mrs Gillian
King, Rt Hon Tom (Bridgwater)Shepherd, Richard
Kirkbride, Miss JulieSimpson, Keith (Mid-Norfolk)
Laing, Mrs EleanorSmyth, Rev Martin (Belfast S)
Lait, Mrs JacquiSoames, Nicholas
Lansley, AndrewSpicer, Sir Michael
Leigh, EdwardSpring, Richard
Letwin, OliverStanley, Rt Hon Sir John
Lewis, Dr Julian (New Forest E)Streeter, Gary
Lilley, Rt Hon PeterSwayne, Desmond
Lloyd, Rt Hon Sir Peter (Fareham)Syms, Robert
Lyell, Rt Hon Sir NicholasTapsell, Sir Peter
MacGregor, Rt Hon JohnTaylor, John M (Solihull)
McIntosh, Miss AnneTaylor, Sir Teddy
MacKay, Rt Hon AndrewThompson, William
Maclean, Rt Hon DavidTredinnick, David
McLoughlin, PatrickTrend, Michael
Major, Rt Hon JohnTrimble, Rt Hon David
Mates, MichaelViggers, Peter
Maude, Rt Hon FrancisWalter, Robert
Mawhinney, Rt Hon Sir BrianWardle, Charles
May, Mrs TheresaWaterson, Nigel
Moss, MalcolmWhitney, Sir Raymond
Nicholls, PatrickWhittingdale, John
Norman, ArchieWiddecombe, Rt Hon Miss Ann
Ottaway, RichardWilletts, David
Paice, JamesWinterton, Mrs Ann (Congleton)
Paterson, OwenWinterton, Nicholas (Macclesfield)
Pickles, EricWoodward, Shaun
Prior, DavidYeo, Tim
Randall, JohnYoung, Rt Hon Sir George
Redwood, Rt Hon John
Robertson, Laurence (Tewk'b'ry)

Tellers for the Noes:

Roe, Mrs Marion (Broxbourne)

Sir David Madel and

Ross, William (E Lond'y)

Mrs. Caroline Spelman.

Question accordingly agreed to.

Clause 28 ordered to stand part of the Bill.

Clause 99

Stamp Duty On Conveyance Or Transfer On Sale

7.30 pm

I beg to move amendment No. 3, in clause 99, page 71, line 5, at end insert—

'(4A) This section shall not apply to properties which are subject to uniform business rate'.

The context of the amendment is the increase in the rate of stamp duty from 2 to 2.5 per cent. on transactions valued at between £250,000 and £500,000, and from 3 to 3.5 per cent. on transactions valued at more than £500,000. Since the Labour Government came to power, there have been three tax-raising Budgets, and in each of those Budgets one of the taxes that has been increased is stamp duty.

In his first Budget, the Chancellor raised stamp duty by 50 per cent., from 1 to 1.5 per cent., on property sales valued at more than £250,000, and by 100 per cent., to 2 per cent., on property sales valued at more than £500,000. On that occasion, he tried to justify the increases by claiming that the measure was necessary to reduce volatility in the housing market. The reason he gave in his Budget speech was:
"I will not allow house prices to get out of control and put at risk the sustainability of the recovery. I have therefore decided that it is right to take…. measures aimed at stability in the housing market."— [Official Report, 2 July 1997; Vol. 297, c. 313.]
In fact, the increases had far less to do with stability in the housing market than with increasing tax revenue.

That became clearer when the Chancellor put up stamp duty again in his second Budget. That time, it went up to 2 per cent. on transactions over £250,000 and to 3 per cent. on sales of more than £500,000. There was no mention in his Budget speech of the importance of stability in the housing market; the right hon. Gentleman said only that 98 per cent. of house transactions would be unaffected by the increases. In this year's Budget, the Chancellor has raised the rates for a third time, to 2.5 per cent. on sales over £250,000 and to 3.5 per cent. on sales over £500,000. However, his only attempt to justify the increase in his Budget speech was to say that 96 per cent., rather than the previous 98 per cent., of home sales would be unaffected. The effect of those three Labour Budgets taken together is clear: on transactions of more than £250,000, there has been a tax increase of 150 per cent. and on transactions of more than £500,000, there has been a tax increase of 250 per cent. So much for the Government saying that they have no intention of putting up taxes.

There is a strong suspicion that this year's will not be the last increase, for in the rest of Europe stamp duty or its equivalent is payable at much higher rates.

I am grateful to the hon. Gentleman for confirming that. I understand that the average rate that now applies in Europe is now about 7 per cent., whereas in France, on certain classes of property, it is as high as 18 per cent. Many people believe that the Chancellor is trying to harmonise by stealth. There have been reports that he wanted to put up the rate of stamp duty in this year's Budget by a full 1 per cent., instead of only 0.5 per cent., but that he was dissuaded at the last minute by those who said that it would be too great a blow at one time. There is now a widespread belief that each future Budget will introduce further increases and that the Chancellor has now indicated to our European partners that he intends to increase the rates steadily until they reach the rates of our competitors.

Is my hon. Friend aware that France recently cut its transaction costs from 18.5 per cent. to 4.5 per cent., because it felt that it was so out of line with the rest of its European partners? Would it not be folly if the UK Government were to increase stamp duty any further, given that we already have the highest property taxation of any country in the European Union?

I am grateful to my hon. Friend for that intervention, because I had not known that. It may indeed confirm that there is a general movement throughout Europe to bring rates closer together, and that there is in operation an agenda to harmonise rates of stamp duty. It is even possible that that commitment has already been given by the Chancellor to the Paymaster General, in her capacity as the chairman of the committee on the code of conduct on business taxation.

I am sorry that the Paymaster General is not in her place, but I ask the Financial Secretary to make it clear in her reply that such speculation—which is considerable—is without foundation. Despite the fact that the hon. Member for Workington (Mr. Campbell-Savours) would like that harmonisation to happen, I suspect that few people in this country share his view and that there would be considerable alarm if the Government did intend to continue to increase stamp duty in each future Budget.

Can the hon. Gentleman explain why it seems to him so wrong that someone who purchases a property for £500,000 should pay £15,000 to the state, when that tax is the lowest in Europe?

That very point is the crux of the amendment, because, overwhelmingly, transactions over £500,000 are not conducted by people buying large houses, but by businesses, so the tax is a tax on business. The Chancellor does not like to admit that.

Can we take it from that remark that the Conservatives are not opposed to the increase in stamp duty on domestic property sales?

I am sorry to disappointment the hon. Gentleman, but the Opposition are completely opposed to that tax increase, because it is a stealth tax increase which is especially damaging to business. Our amendment is designed to highlight that damage.

I do not want to pre-empt the hon. Gentleman's remarks and I apologise if I am doing so, but I want to be clear. Will Conservative Members be voting against the measure?

I am happy to confirm that we shall vote in favour of our amendment and against clause stand part.

As I said, when the Chancellor ever mentions the increases, he speaks of them in terms of house sales. Like the hon. Member for Workington, the right hon. Gentleman has tried to give the impression that the tax affects only those who can afford to buy expensive houses. It is worth pointing out that, in many parts of the south-east, £250,000 will not buy an especially large house. Many of those who will have to pay the increases are not fat cats, but, in the main, families who aspire to move to a larger house. Indeed, I am hoping to move house in the near future—

That is exactly what I was just doing. If I do move, it is possible that, like a large number of my constituents, I shall be affected by the increases.

I should like to point out to the hon. Gentleman that the clause increases the rate of stamp duty on all transactions of more than £250,000. In my constituency, £250,000 does not buy a mansion; it buys a reasonably sized property of the sort in which I suspect the majority of my constituents aspire to live one day.

Is the hon. Gentleman saying that the majority of his constituents would fall within the category of those buying houses valued in excess of £250,000, despite the fact that, earlier in his speech, he confirmed that my right hon. Friend the Chancellor has said that between 4 and 6 per cent. of house purchases are affected by the increases?

I said that the majority of my constituents would aspire to live in such houses. In the area that I represent—and certainly in the areas represented by several of my hon. Friends—the proportion of transactions over that threshold would be considerably in excess of 4 per cent.

There is another equally important point about the way in which the increases will affect people involved in home purchases. Many house sales involve the purchase of new houses—

Order. The hon. Gentleman is straying from the amendment. I am sure that he will wish to address those issues in the clause stand part debate, but I hope that, for the time being, he will confine his attention to the amendment under discussion.

I am grateful for your guidance, Mr. Butterfill. I will certainly concentrate on the amendment before us. I was tempted to divert slightly.

However much the Chancellor may pretend otherwise, stamp duty is not payable only on house purchases; it is payable on all transactions that require the transfer of a document. That includes sales and leases of commercial property, goodwill, book debts and intellectual property, such as patents and trademarks. When we debated the Budget initially, I was grateful to the hon. Member for Cambridge (Mrs. Campbell) for highlighting the effect of the increases on the high-technology firms in her constituency that will be severely affected by the rising cost of the transfer of intellectual property in which they specialise.

According to the Government's figures, of all transactions over £250,000, 65 per cent. of the receipts from stamp duty come from commercial property and land transactions. For transactions over £500,000, 80 per cent. of receipts come from commercial property and land transactions. As I said earlier, this is overwhelmingly a business tax and businesses will have to pay the majority of the extra £270 million that the increases will raise.

In his Budget speech, the Chancellor made much of the fact that our future depends on enterprise. However, in practice, he is clobbering enterprise through increased taxation. Last year, several organisations representing the commercial property industry commissioned independent research by Arthur Andersen and the London business school on the impact of increased stamp duty rates on the commercial property sector. That research showed that commercial property is a hugely important component of our economy and contributes about 10 per cent. of our gross domestic product. It is valued at about £500 billion in the private sector and a further £110 billion in the public sector.

Moreover, the analysis also revealed that there is a multiplier effect and that changes in the level of stamp duty have a disproportionate impact on commercial property prices. As a result, it is estimated that a 1 per cent. increase in stamp duty will wipe £25.6 billion from the capital value of commercial property. If a real rate of growth in rents of 2.5 per cent. is assumed, the figure increases to a —43 billion decline in the total value.

That is particularly serious as many industrial and commercial companies use the value of their commercial property assets as collateral for debt finance. It is difficult to estimate the precise value of the total amount of loans secured on commercial property assets, but research suggests that it is something like 50 per cent. Therefore, a significant drop in commercial property values is likely to have a measurable effect on the ability of firms to raise loan finance. That may be particularly significant for small and medium-sized enterprises.

Does it not mean also that the tax will cut into the spiralling commercial rents that are the subject of many protests to Members of Parliament from small shopkeepers throughout the country who simply cannot afford to pay rents in the commercial sector? Therefore, the tax is extremely helpful in that sense.

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I am interested to see the hon. Gentleman defending these increases—but perhaps it fits in with his earlier suggestion that the rates should continue to increase in future Budgets. Perhaps the Minister will confirm whether she also believes that it is desirable to tax the commercial property sector even more. However, the Government have not offered that justification so far.

The hon. Member for Workington (Mr. Campbell-Savours) would like to see lower property rents, but the measure will have completely the opposite effect. The cost will force rents up because, effectively, it is an additional tax on those rents.

My hon. Friend is right: stamp duty is payable on leases as well as on sales, and therefore it will have the effect of increasing costs. There will also be a corresponding effect, to which I have referred, on the overall value of commercial property. I fear that it would take a great deal of economic research by experts considerably more knowledgeable than me to work out the overall impact of the changes. However, I am sure that it could be modelled, and it would be interesting to conduct such an analysis.

In talking about the research by professional economists into the impact of these changes, it is worth drawing the Committee's attention to the Arthur Andersen report's conclusion that the public sector will be a net financial loser from a stamp duty increase. The public sector holds a large property portfolio—I said earlier that the total value of commercial property owned by the public sector is £110 billion—and it is estimated that it will suffer a capital loss of between £5 billion and £11 billion as a result of a 1 per cent. rise in stamp duty. That capital loss vastly exceeds the additional revenue. If one applies a reasonable discount rate to the future stream of revenue that will result from increasing stamp duty and compares that with the reduction in the overall value, one can see that there is a substantial net loss to the public sector.

The hon. Gentleman has surely calculated the effect on Exchequer yields if his amendment were to be carried. What would the cost be?

I am not sure of the exact revenue implications because there was some dispute about that figure when we debated a similar amendment to last year's Finance Bill. I shall be interested to hear the Minister's view. However, for the reasons that I have given, I suspect that the cost might be rather less than some would suggest.

Other important aspects of this tax show why it is so damaging. We have raised these matters in previous debates about stamp duty. Stamp duty operates according to what is known colloquially as a "slab" system rather than a "slice" system. That means that, if a transaction is valued at just £1 over the threshold of £250,000 or £500,000, the higher rate of stamp duty will apply not just to the amount above the threshold but to the entire value of the transaction.

The hon. Gentleman said that that is good, but it creates potential marginal rates of taxation of 3,750 per cent., which is patently absurd. The consequence of operating the system in that way is that many purchasers will seek to avoid incurring the higher rate by paying a reduced amount on the value of the property while agreeing an artificial price for items such as fixtures and fittings, thereby ensuring that the headline price that is paid is below the threshold, whereas the total amount that they are handing over is above it. That applies equally to businesses and to residential sales. There is considerable incentive to make such arrangements to avoid extra cost. By creating the differential, the Government are encouraging the continuation of that practice.

Is the hon. Gentleman suggesting that, to overcome that problem we should include fixtures and fittings in the price of properties?

No, I am not suggesting that at all. We should not have introduced those thresholds and we should not be increasing the rates, but one method of dealing with that problem would be to change the way in which stamp duty is levied from a slab system to a slice system. We made that suggestion in the debates on last year's Finance Bill, and in his reply, the then Paymaster General, the hon. Member for Coventry, North-West (Mr. Robinson), said that he could see the attractions of slicing rather than slabbing and that he was happy to consider our suggestion. Although we do not regret his passing from the Government, it would be a pity if his acceptance of that point was also lost. I am disappointed that the Government have made no attempt to correct the distortion that the system creates.

I have been listening with interest to the hon. Gentleman's remarks. I first qualified as a solicitor in 1967—I declare an interest as an ex-solicitor—and became a barrister in 1985. When I ran a large firm of solicitors, it was common practice in property sales to avoid the stamp duty margin simply by valuing fixtures and fittings that went with the sale. In the domestic system, that applied to curtains and carpets, and in the commercial system, it was power lines and fixtures for shop processes. The hon. Gentleman's point is a nonsense. No one has ever thought of having a slice system; we have always agreed on a slab system, but we have always been careful to advise our clients how to achieve the correct slab. Why did not the Conservative Government do anything about the system in all their years in power?

As I was explaining at the beginning of my remarks—I am sorry that the hon. Gentleman was not present—this Government have made the problem far worse by introducing three successive, huge increases in stamp duty in three Labour Budgets. That has increased the incentive for people to seek to avoid the tax in the ways that I have described.

Furthermore, it would be sensible to consider levying the duty by a different method not only because of the point about fixtures and fittings but because it is a very strange tax. One has to pay a huge amount extra just because the price of the transaction goes over the threshold. As I said earlier, that produces ridiculous marginal rates of taxation.

If, as you say, there is a problem for householders and not only for purchasers of commercial property, and if, by some miracle, your amendment were accepted, would you vote for clause 99—

I apologise, Mr. Butterfill. Would the hon. Gentleman then vote for clause 99?

I have already said to the hon. Gentleman that Conservative Members totally oppose the increases because they will affect householders and businesses. We realise that they will be particularly damaging to businesses, and that is the subject of our amendment, but, even if our amendment were carried, and my powers of persuasion caused the Financial Secretary to accept it, I regret that we would still vote against the clause.

As I said earlier, I welcomed the fact that our arguments for changing the way in which the tax was levied had been recognised, at least in part, by the former Paymaster General, the hon. Member for Coventry, North-West. I am sorry that our case has not been recognised in the Finance Bill. Does the Financial Secretary accept that the issue at least needs to be addressed, and will she examine the possibility of making a change? That change need cost nothing. It would be possible to devise a more progressive tax, levied according to a slice system, which was also revenue neutral.

Most transactions affected by the increase are VAT exempt, but that is not true of them all. In some cases, commercial property owners may exercise what is known as the option to tax, whereby they choose to waive their VAT exemption and charge VAT on rents or sales. That may seem a rather curious course, but it has advantages because they are then able to recover VAT on, for example, their input costs for construction. If a company pursues that course, it may well find that, in the event of a sale, it pays stamp duty not only on the sale value but on the VAT charge as well. In such cases, stamp duty is a straightforward tax on a tax. In the case of a building that costs £1 million, the VAT charge would be £175,000. The total stamp duty paid on that transaction would be over £41,000, of which over £6,000 would be double taxation.

The same problem could well arise in the transfer of going concerns. If a business is transferred as a going concern, it is an exempt supply and no VAT is payable. However, Customs and Excise no longer gives advance clearance on the application of relief, and it is left to the parties to take a view on the VAT status of any transaction. It is not always easy to define a going concern, and there are cases where VAT is not charged, but it is subsequently demonstrated that it should have been charged. In those circumstances, the purchaser not has to pay not only VAT but the extra amount of stamp duty on the VAT charge.

Given the steeply progressive nature of the stamp duty regime and the slab system that I have described, it is not impossible that the additional VAT charge could take the value of the transaction over a threshold, so that a higher rate of stamp duty becomes payable on the entire value of the transaction. In the particular cases that I have described, the additional amount of stamp duty may be greater than the duty that was originally payable. I fully accept that such an outcome is not likely to be a common occurrence, but it is certainly possible and accentuates the point that stamp duty can be extremely unfair, as it is double taxation.

Stamp duty increases are distorting the operation of the market. Under the previous Government, stamp duty was charged at a flat rate of 1 per cent., with the duty on shares set at 0.5 per cent. That 0.5 per cent. differential between the level of duty for shares and that for all other transactions was not then regarded as particularly significant, and it had little effect on behaviour.

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However, as a result of the three Budgets, the difference in the duty rates between that applicable on assets and that applicable on shares has been increased to 3 per cent. That is a significant cost, and it is likely to distort market decisions when companies choose whether to raise finance from asset sales or from the issue of shares.

That distortion will be increased even further if the Government decide to abolish stamp duty on shares. Although, as far as 1 am aware, there has been no hint that that will happen, the Minister will be very much aware of the huge concern about the effect of stamp duty on the competitiveness of the City of London.

The alliance between the London and Frankfurt stock exchanges is just the first step towards the creation of a pan-European stock exchange. The Minister knows that, in Germany, no stamp duty is payable on share transfers. There is a real danger that business will be lost if the differential between the rate applicable in this country and that applicable abroad continues.

The issue is very serious. Those in the City regard the increase as a considerable threat. I hope that the Minister will carefully consider what help might be given to ensure that the City of London remains the greatest financial centre in the world.

The cumulative effect of all those increases will be to encourage the avoidance of duty altogether. A rate of 2.5 or 3.5 per cent. obviously makes it far more worth while to execute documents offshore, so that no duty is payable. I am aware that clause 97 attempts to address that, by increasing the penalties and interest payable if documents are stamped late. However, for most transactions, there will never be cause to bring documents back to the United Kingdom. The one time when it might be necessary would be if one of the parties wished to take legal action under the terms of the contract. However, the £300 penalty that the Bill introduces seems a relatively small price to pay, given the likelihood of that happening.

Two senior managers at KPMG, the Government's favourite accountancy firm, writing in The Tax Journal, say:
"Provided that the interest rate charged on late paid stamp duty is not considered penal, it may still be attractive to leave documents off-shore and unstamped. Provided the document doesn't subsequently need to be brought onshore, the stamp duty charge is deferred permanently"—
so, by increasing duty rates to such a level, the Government are encouraging tax avoidance, and it seems to me inevitable that that practice will increase.

I have stated many reasons why I feel that the increases will be especially damaging to business. They are, of course, punitive on numerous people and I certainly would not wish them to be introduced to affect those involved in residential property transactions either. That is why I told the hon. Member for Halton (Mr. Twigg) that we would vote against clause stand part. However, I believe that the increases impact especially heavily on businesses. It is for that reason that we have tabled the amendment, the aim of which is to exempt business properties from the increase.

The amendment would exempt commercial businesses from stamp duty. Does the hon. Gentleman want to exempt just the increase? If he could, would he exempt businesses from all stamp duty, or perhaps just the increases above 1 per cent?

The hon. Gentleman will recall, because I believe that he was present, that, last year, we moved an amendment to the Finance Bill which would have prevented the increases imposed in that Budget from affecting businesses. I can assure him that if, as we fear, the Government continue to introduce further increases in stamp duty in future Budgets, we shall oppose those, too.

I tell the Minister that, if the Government's rhetoric about wanting to help business means anything at all, they should accept the amendment.

I was very interested in the speech of the hon. Member for Maldon and East Chelmsford (Mr. Whittingdale). I pursued the line of intervention questioning that I did because I thought that the Conservative party's approach tonight was interesting. Conservative Members have decided that they want to exempt business and commercial properties from the operation of the clause, and that such properties are more important than domestic properties. They have made it all too clear that they do not really care about the domestic side of this tax.

The Conservatives say, "We want to do this because it is very important and we want to ensure that something happens," and they try to identify themselves as friends of business and commercial property; but, when they are asked what they would do if the amendment were passed, they say that they would vote against the clause anyway. That means that they would vote against the clause as amended by their amendment.

Given the size of the Government's majority, I suspect that we shall not succeed in carrying the amendment or in persuading the Government that they should not proceed with the clause. If, by some chance, we had persuaded the Government to accept our amendment, exempting business, then, for the reasons that I have explained, we would still have objections to the clause. However, given the size of the Government's majority, I think that we may assume that the clause will probably be passed, and we might at least have distinctly improved it by removing from businesses the obligation to pay the increase.

I simply gained the impression that perhaps the Conservatives had not thought this one through enough, and that, instead, they were going to waste our time by speaking and voting against clause stand part. Perhaps they were a bit stung by previous accusations that they were not going to table amendments because there might be a difference of opinion among them, given the latest state of affairs.

The debate went from the sublime to the ridiculous. I am happy to be corrected if I misheard, but I thought that the hon. Member for Maldon and East Chelmsford said that the stamp duty increases were a threat to the future of the City of London as the premier financial place in the world.

I am grateful to the hon. Gentleman for giving me the chance to correct him on that point. On the issue of the future of the City of London, I was highlighting the danger—which the City believes is extremely real—that arises from the fact that, in this country, we charge 0.5 per cent. on share transactions, whereas in Germany there is no stamp duty on share transactions. Because of the technological developments that are leading to the integration of stock exchanges across Europe, there is a significant danger that business will move to where costs are lowest; in that case, it would mean Frankfurt, not London. Therefore, to protect the City of London's position, the City believes that it is important that this issue should be addressed.

That reply is very interesting in the context of the amendment.

There is some suggestion that the stamp duty increases will cause bankruptcies throughout the country, that businesses will collapse and that stamp duty is the single most important factor in people's considerations when setting up businesses, continuing them or buying larger premises. That is nonsense. There is no evidence to support that contention. I cannot recall from any discussions that I have had with business men in my area that they have seen stamp duty as a major problem. The hon. Member for Maldon and East Chelmsford may quote any figures that he wants, but 1 am talking about my conversations with business men and women in my constituency, and I have never found stamp duty to be a major issue. It is interesting that the Conservatives are trying to make an issue of it tonight.

In the hon. Gentleman's extensive preparation on the amendment, has he had time to read the report produced by Arthur Andersen and written on its behalf by David Currie and Andrew Scott of the London business school?

I will be open and honest: I have not—but just because Arthur Andersen says something does not mean that it is right. In fact, given some of the work that Arthur Andersen has done on information technology systems around the country, I wonder about its competence and success.

Let me continue. I am pleased that people find my contribution interesting.

Obviously, one may quote whatever example or avenue one wants and use it for whatever purpose one wants, but I am saying that, in my constituency, the issue has never been raised with me as a concern. Among the issues that were continually raised were the policies by which the previous Government clobbered small business, and the various policies that created a difficult economic environment. We cannot separate the issue of stamp duty from that of the general economic climate and economic stability. However, it seems to be suggested that this issue is out on a limb and is the main cause of problems.

Even though the hon. Gentleman has not read the Arthur Andersen report, can he tell the Committee what value to a company its loans represent in terms of its borrowing money against the value of its property? I think that this information is generally known. What percentage of the outstanding loans of an average company is based on commercial property?

I expected better than that from the hon. Gentleman. Companies have to make commercial and business decisions. The hon. Gentleman's intervention does not take us any further than the contribution of the hon. Member for Maldon and East Chelmsford from the Opposition Front Bench. The hon. Gentleman made a nonsensical point.

I have talked to business men in my locality and they appear not to rate this issue as one of the greatest importance. It could be that Halton is somewhat different from other areas. I do not know. However, I have talked to many small business men and it seems that the general thrust of policies—

That is interesting. The hon. Gentleman says that business men in my constituency do not understand.

First, does my hon. Friend agree that there have been major suits of negligence against major accountancy firms over the past few years, thus leading most of us to accept that they do not always get things right? Secondly, as someone who, on behalf of clients or others, has bought and sold shares for the past 30 years or so, I have always paid stamp duty personally or for clients. I have never experienced an objection to stamp duty and I have not seen all the City of London business transferred to Zurich or anywhere else. My hon. Friend may just agree with me.

My hon. Friend makes an interesting and telling point. It is clear that the Opposition decided not to deal with it. I am grateful to my hon. Friend.

We have not been told how, if the amendment were carried, the gap in the Budget would be filled. That is normally the position. The Opposition like to oppose, but they have nothing to put in the place of Government policies. Basically, they are playing games. That was made clear when the hon. Member for Maldon and East Chelmsford talked about what would happen if the amendment were agreed to. Opposition Members are in an almost incredible situation.

I shall give way for the last time, because I am sure that the Committee would like me to make progress.

At the general election, did the hon. Gentleman stand on a platform of no increases in taxation? Is the Government proposal not an increase in taxation?

The hon. Gentleman is becoming rather robotic on this issue. He is not getting an answer to his question because its basis is incorrect. I am sorry that he cannot think more widely on this issue. He seems to be transfixed.

A wide range of measures are set out in the Budget, which the Government put forward to help and promote business. We have heard nothing this evening about many of them. Many measures have been welcomed by business and the Opposition have taken up the issue of stamp duty because they think that they can have some fun with it. The fact is that, generally, business welcomes the Budget. I am confident that what the Government have set out in the Bill will be in the country's best interests.

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I fully support the amendment. I suggest to the hon. Member for Halton (Mr. Twigg) that there may be revenue-neutral effects from reducing the rate of duty on commercial property. The report cited by my right hon. and hon. Friends makes it clear that, such is the devastating effect of rises in stamp duty, they damage the value of commercial property owned by pension funds and other forms of saving for people throughout the country, and the value of the Government's property holdings. Based on their figures, a 0.5 per cent. increase in stamp duty reduces the value of the Government's holdings of commercial property by £2.5 billion, whereas the revenue to be raised from the increment in stamp duty will be not more than £100 million a year. In plain language, it will take the Government 25 years to recover the loss in the capital value of their stock of commercial property if they go ahead with the proposed measures.

This is not merely a mathematical exercise. We know that account has been taken of all the property holdings of Government Departments and that there is an on-going programme to rationalise Government property holdings. Properties are being sold by the Government year after year. Because of savage increases in stamp duty, there will be far less money coming in.

Through the amendment, we are protecting public finances. I draw the attention of the hon. Member for Halton to the code for fiscal stability. One of its purposes is to improve the public financial balance sheet. However, we are seeing an attack on the strength and probity of that balance sheet. At the same time, as my hon. Friend the Member for Maldon and East Chelmsford (Mr. Whittingdale) has already mentioned, increases in stamp duty, far from creating a more stable environment, create a more volatile one. That is in direct conflict with the code for fiscal stability.

According to the research that has been carried out, there is a 50 per cent. increase in the volatility of property prices as a result of the increases in stamp duty. That is a major increase. Why does it happen? If the transaction costs of buying and selling property increase, the incidence of such transactions will decrease. Where there are property transactions, there will be much greater increases in prices. That is shown clearly by research, and it stands to reason. As we have found in so many markets—securities and elsewhere—if transaction costs are reduced, the volume of transactions increases, and vice versa.

There is another reason why there may be revenue-neutral consequences that relate to tax avoidance and the use of offshore vehicles. We should not be surprised if, as a result of this latest rise in stamp duty, and if there are further rises in the pipeline, commercial property is dealt with increasingly through derivative instruments. If that route is taken, there will be no stamp duty take for the Government. Again, their revenue will decrease.

There will be an impact on business. When we talk about the cost of buying and selling property, we are always talking about a business cost. I know that we are focusing deliberately on commercial property, but business will feel the effect of the increases in stamp duty on homes. Whenever a senior and important executive in a company has moved home, the cost of that move has been radically increased by the rises in stamp duty over the past few years.

In Guildford, 7,000 of my constituents and I—I am happy to declare an interest—are directly affected by the proposed increase in stamp duty. Many of the 7,000 are senior executives. They are important people working in local firms. It is a highly competitive world and many of the businesses in my constituency are competing in Europe, the far east and America. Their local costs are a critical factor in their ability to win more business. The effect of these rises in stamp duty will be to harm their competitiveness and reduce the amount of revenue going to the Exchequer from the profits of their trade. This is, yet again, a self-defeating exercise by the Government.

We should remind ourselves that the Labour party came to power promising an end to boom and bust, but the increase in stamp duty will accentuate the danger of boom and bust. The research carried out by Scott and Currie says that
"in 1996 the value of loans that could be secured against the industrial and commercial sectors' holdings of property was below their actual borrowing."
In other words, even before the Government came to power, companies, in aggregate, were borrowing to the very limit of their borrowing powers against the value of their commercial property holdings.

If greater volatility in the value of commercial property results from these changes, there will be a greater chance that those values will fall below the level acceptable to the banks that are lending to those companies and a greater chance of some of those companies being forced into receivership or bankruptcy.

Is that not economic madness? Investment in property is tax deductible and allowable in a business sense and interest rates have fallen considerably since the Labour party came to power. If one is offset against the other in accountancy terms, the rise in stamp duty is a minor matter compared with the benefits of interest rate reduction and other tax reliefs since granted.

I entirely agree that economic madness is at work here. The economic madness is that every 1 per cent. increase in stamp duty leads to a loss of between 3 and 5 per cent. in the capital value of all commercial property. All other things being equal, that is its effect. If the commercial sector has borrowed against property, in aggregate, as far as is prudent, the measure will push borrowing to imprudent levels. A greater danger of boom and bust is being created.

If its value is pushed down, commercial property is made more readily available to more investors. That is not a loss to the investing world at large. Interest rates have tumbled and people can borrow at cheaper rates, which seems to me to be an economic gain for the long term.

I am grateful to the hon. Gentleman for pointing out that, if his Government create a busting economy with lots of people going under, there will be a lot of cheap properties around for others to pick up on the off-chance. That is not the sort of economy that the Government inherited or that they promised to create, but they will create such an economy if they carry on down this blind alley in which tax increases are more than offset by the damage to wealth across the country and, more importantly, by the damage to wealth creation.

We have touched on other issues. Stamp duty has an effect on goodwill and on patents, and the measure is a wholesale attack on many things that the Government say that they are in favour of. They want to create an enterprise economy and say that they support innovation, but brand names and new inventions will be taxed at a higher rate as a result of the increase in stamp duty. I cannot see how that fits in with any serious wish to achieve a more vibrant economy.

Many of the companies that will be hardest hit by the increase in stamp duty turn over between £500,000 and £5 million a year. Under the previous Conservative Government, the most significant growth in the number of companies took place in that part of the economy, which is also where the most significant increase in the vitality and job-creating power of our economy occurred.

Interestingly, it has been estimated that even a 0.5 per cent. increase in stamp duty will lead, over a few years, to the loss of more than 5,000 jobs throughout the economy; more significantly, it has an opportunity cost for the firms that have created the most jobs in recent years. The firms trading between those turnover levels are most typically dependent on bank borrowing set against their property holdings. Across the board, property can typically amount to about half the net book value of such businesses and it is an important asset that will be considered by the banks.

We all know that, in an ideal world, banks should look at the business plan, cash flow and prospects of the companies to which they lend money, but the reality is that, although banks check that the figures add up, they do not have the time or the expertise to assess how realistic those plans are. As well as trusting the judgment of the businesses and the business managers to whom they lend, they very much trust to the security of the assets against which they lend.

Taxation that damages the value of those assets way beyond the amount of tax revenue yielded damages the ability of those businesses to expand. Yet again, the economy is being led up a blind alley. Comments from Labour Members have shown that old Labour is rearing its head in an avaricious attack on wealth in this country. That is what the measure is really about. I tell Labour Members that 10 per cent. of my constituents are directly affected by it—we might as well go back to the days of surtax. They promised in the election campaign that they would not raise taxes, but they are indeed doing so, and targeting taxes in a way that will certainly affect the incentives in our economy.

It is also worth bearing it in mind that the cost of stamp duty will be spread across all businesses and all levels of society. If people who are buying large properties have to pay more in stamp duty, they will have less to spend on improvements and other work on their properties that they might want to undertake. Therefore, they will be less able to carry out those improvements and one of the ways in which there is synergy between different sectors of the economy will be lost.

There will clearly be a knock-on effect. [Interruption.] That seems to be a matter of amusement for Labour Members, but I have calculated that, for my constituents, the increase in stamp duty is equivalent to a tax of £100 per household per year. That is the extent of the damage that will be caused by what the Government are doing.

We have already heard that property taxes in this country are the highest in Europe, but, in fact, they are among the highest in the world. Only in the economic area of north America does the level of property taxes, in aggregate, begin to match that which we now have in this country. Far from an increase in stamp duty achieving harmonisation with the rest of Europe, it will put us way out of line.

In this country, the proportion of taxation on property as a percentage of national income is twice the European average. The total amount taken in property taxes in this country is 10 per cent. of all taxes, which is higher than the proportion taken in property taxes in any other EU country.

The implications are serious. We had a thriving commercial property market, but we may end up with a dead market. We had a commercial property market that attracted a significant amount of inward investment in Europe—building bridges between our economy and the economies of our European partners, something that I thought that Labour Members favoured—but we are putting up a sign saying, "Not for sale; do not come here—the taxes are far too high."

There is an even greater concern. If we are already at the peak of the taxation, in aggregate, that property can bear—that is the message we are getting from around the world—what will be the effect of the measure on local property taxes? A significant part of property taxes are raised through rates. The increase in stamp duty will mean that it will simply not be possible to increase rates as well. There will therefore be an effect on local government. The measure is a tax grab by central Government—the Treasury—at the long-term expense of local government revenue. That is where we are heading by going down this route. Whatever the pros and cons of taxing property through rates, it is better to have a known and, since the previous Government, stable level of taxation year in, year out, than a level of taxation that is affected by the incidence of businesses moving.

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There are many reasons why businesses move, but one of the most significant is that they outgrow their premises and want to move to more modern premises. That is a very important part of the process by which we protect the green belt, as brown-field sites become available. If businesses find that the cost of moving has become prohibitive, they will stay put and give up the opportunity for extra growth and employment, and the Government will lose the extra revenue that would have resulted from that. As a direct consequence, there will be an increasing shortage of brown-field sites. If it is a Government priority—it is one that we feel they have not pushed far enough—to have more brown-field sites developed, they will find that that is simply not possible, or the cost of brown-field sites will get out of kilter.

All those reasons show why stamp duties are wrong. I leave the Committee with one final thought, which I hope that the Financial Secretary will bear in mind. She and her colleagues may think that stamp duty is some kind of economic regulator and that, because they inherited such a strong economy, increasing it will be a crude means of restraining increases in property prices. That may work well, but, when it comes to a slowdown or a recession—no economy is immune from recessions—the correct thing to do is to reduce stamp duty. However, to do that at that stage would be entirely counter-intuitive for the Government because, in a recession, all Government revenues are under pressure. A Labour Cabinet would simply not agree to cut stamp duty when budgets for schools and hospitals were under pressure.

In other words, this is a one-way street. Stamp duty is going up—we need to know how far—but it will not come down. Far from being an economic regulator, it is a mechanism for creating boom and bust in the economy. That is a fundamental reason why the measure should be opposed tonight.

I understand that we shall debate the clause stand part a little later, so I shall confine my remarks purely to the uniform business rate. First, I declare an interest, which is in the Register of Members' Interests. The business concerned is under offer and may therefore incur stamp duty.

I have always wondered why trading businesses have had such a desire to buy property. Whether they are manufacturing or commercial businesses, so many of them want to lock up a considerable amount of resources in the almost dead asset of the building from which they operate. As a former bank manager, I have always suspected that that practice has been driven by the banks, which promote loans to companies and businesses for the bricks and mortar over which they can then obtain a mortgage and security.

Many businesses in the past, and some even today, have undertaken long, fixed-term borrowing on rates well in excess of the current rate and cannot extricate themselves from that borrowing agreement. They find their cash flow locked up in significant interest and capital repayments to pay for the very premises from which they operate, rather than having that cash flow available to expand their businesses and to invest in equipment.

Can the hon. Gentleman confirm, given his position as a former bank manager, whether he would advise his customers that the proposals that we are considering tonight apply also to leases?

Yes, they apply to most property leases.

An enormous amount of productive capacity is locked up in the dead asset of property and buildings. The Government and the business community have not recognised sufficiently the fact that an enormous number of successful businesses, particularly in America, own virtually nothing and lease virtually everything. They use their profit streams to expand at a greater rate.

It has been estimated that some 50 per cent. of all the borrowing currently undertaken by businesses is somehow connected with property purchases. That shows what an enormous amount of money is tied up in buildings. It may make some people think twice about what they should be doing.

On interest rates, the money that is locked up is often considered as fixed-term borrowing. When rates are volatile, that can sometimes be advantageous, but, at present, there is no doubt that it is very disadvantageous. I could not quite follow the argument about the Government's property portfolio. I had hoped that the Government would dispose of some of their property by putting the money to productive use and releasing the capital in some way. Although it may theoretically have a reduced book value, while it is still on the books it is not necessarily doing anything. We should like to see the funds from such property assets released and put into other areas. I therefore do not quite follow the logic of reducing the book value, although there may be less revenue coming from it. We want a real release of property, which would then provide the means by which the Government could improve public services without increasing taxes.

Most business men would like to get rid of the uniform business rate. They do not want it used as a measure of whether they pay stamp duty or not. The businesses that I know do not sell their property voluntarily; regretfully, the property is sold beneath them. They are worried not about expanding their business but about retaining it. It can be argued that, if stamp duty goes much higher, it will affect the commercial property market. However, the rises proposed by the Government will not cause such a scenario.

There is a long way to go yet. Most of the small businesses that I come across in Cornwall would love to have potential assets of £250,000 or £500,000. We are essentially talking about relatively small businesses, which do not tend to change their premises regularly. Indeed, they often struggle to retain them.

I broadly support the measures. The suggested rates and thresholds in the current proposals do not signal the dire events that have been predicted by the official Opposition, who want to exempt properties subject to the uniform business rate. The Liberal Democrats are prepared to follow the Government on this, and we shall not support the amendment.

I was interested to hear the Liberal Democrat spokesman, and I agree with his acceptance of the need to increase stamp duty. Listening to the hon. Member for Guildford (Mr. St. Aubyn), one would have thought that the end of the world was nigh. My violin was ready to play a sad song. The tears were streaming down my face at the thought of the terribly poor people who would be affected by this wicked, nasty tax. It was nostalgic to hear again the trickle down theory of economics from the hon. Member for Guildford. He said that this imposition of a half percentage point increase in the rate of stamp duty on properties costing £250,000 or more would make every household in Britain £100 worse off. To hear him talking, it was as though the whole economy hinged on the increase.

The amendment is a typical example of the Conservative party representing the privileged few and not the many, as it has always done and will continue to do, despite the statements of the right hon. Member for Hitchin and Harpenden (Mr. Lilley).

Is the hon. Gentleman aware that, when a new housing development is built, the house builder purchases a large slab of land that costs more than £500,000? He will pay 3.5 per cent. stamp duty on that purchase, which he will then pass on to the purchasers of the houses on that development. Those houses may be very small.

The trickle down theory continues to expand. It is amazing to watch that happen. The hon. Gentleman's intervention enables us to talk about the impact on residential areas. He argues that, at some level, there will be a charge on commercial transactions. That opens up a gamut of possibilities for us to underline the fact that 96 per cent. of residential properties are completely unaffected by this change in the Budget.

Does the hon. Gentleman realise that, after the increase in stamp duty last year, the property sector of the quoted sector of the market fell by 20 per cent? Does he realise that most commercial property is owned by savings institutions, such as insurance companies and pension funds, which represent the interests of the very people for whom he claims to speak, but whom we are speaking for tonight.

Commerce is a wonderful thing but, as my hon. Friend the Member for Halton (Mr. Twigg) said, if this were such a dreadful imposition, businesses in our constituencies would be queueing at our surgery doors to complain about it. I certainly have not had any correspondence about the issue. I notice that Arthur Andersen has sent a briefing to Conservative Members: I have not received it, but it would be nice to see it.

I have just done a little calculation to test Conservative Members' lack of knowledge. A developer would probably pay about £1 million for five acres. He would pay about £33,500 in stamp duty and build 28 houses to an acre, which is about 140 houses. That is around £200 per house.

That is an interesting calculation, and there are plenty more to be made. I was interested in getting some information from the Conservative Front-Bench spokesmen about the effect of passing the amendment on Exchequer revenue yields. They had not even bothered to think that through. They were not particularly concerned about how much would be lost to the Exchequer should their amendment be passed. By the sounds of it, as my hon. Friend the Member for Halton said, they were not concerned about whether their amendment was passed because they intended to vote against the clause in any case, whatever happened.

There are varying views about how much money would be lost if the amendment were passed. The hon. Member for Guildford came up with the interesting wheeze that no money would be lost to the Exchequer, because if we increase stamp duty, the revenue for the Exchequer would be increased. Thank goodness he is not in charge of the economy, although who knows what is happening in the Conservative party these days. He could well be shadow Chancellor before too long. What a day that would be. We look forward to such changes as they emerge in the coming hours.

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An interesting aspect of the amendment is the relationship that it would create by linking any exemption to the uniform business rate. I am rather curious about that. Would certification be necessary to prove that a person was liable for the uniform business rate? How much would it cost to administer the system, who would administer it, and how would it be paid for? The Conservatives have not explained how the system would be administered, and they did not implement it when they were in office.

I am interested to note that the Conservatives have stuck to at least one principle in opposing any change in stamp duty from the present 1 per cent. level. As a result, the revenue to be gained from all the income generated by such a change would be lost to vital public services. There are a number of views about how much would be raised by the application of the clause, but I understand that it is around £370 million. That would pay for about 100 schools, 15 hospitals or seven bypasses, the Bingley relief road being an example. The Red Book mentions a figure of about £220 million in relation to the upgrade of child benefit to £15—

Order. The hon. Gentleman is straying rather wide of the amendment.

Thank you for the prompt, Mr. Butterfill. I was merely trying to prove that, if the amendment is carried, the revenue that would be lost would make it impossible to pay for the increase in child benefit, for example. We know from experience that, when the Conservatives oppose revenue yield measures, they want to cut welfare.

Why does the hon. Gentleman favour raising—particularly from business—additional revenue by raising stamp duty?

I think that stamp duty is a very progressive way of raising revenue. It is a fair tax, in that those with significant assets pay proportionately more. A strong principle underlies that philosophy of progressive taxation.

Unfortunately, I had to leave the Chamber briefly, so I may have missed something. Have the Opposition given us any idea how much the amendment would cost when combined with the earlier amendments, which would have cost billions of pounds, and the abolition of the fuel duty escalator, which we discussed yesterday? How much would it cost in terms of value added tax on domestic fuel, cutting services and so on?

An Adjournment debate may well be called for. The country will be clamouring to know just how the Conservatives intend to fill the black hole that would result from the passing of amendment No. 3. Where will the money come from to pay for vital public services?

Are not Labour Members merely reciting a list of stealth tax rises implemented by their Government? Are they not doing our job for us?

It is possible to view the situation from the perspective of a responsible Government who are seeking to pay for vital public services. If we could not raise revenue, we would not be able to spend it on schools and hospitals. I thought that the right hon. Member for Hitchin and Harpenden was saying that the Conservatives wanted an extra £40 billion for schools and hospitals, but they clearly do not. Amendment No. 3 would chip away at the money that they would have to spend on those vital public services.

I know that the Conservatives are in turmoil this evening, and I realise that the Leader of the Opposition is making a very important speech that is essential to the future of the Conservative party, but I think that we should sort out how the Conservatives are to secure the revenue base of the nation's finances before we can ever expect the return of a Conservative Administration.

There are other reasons why I think that the stamp duty changes are worth not only considering but supporting, not least because of the current state of the property market across the United Kingdom, and the increased property values that have been reported in recent weeks in very many studies and newspapers. We should focus on the stamp duty's regulating effect in preventing a return to boom and bust in the property market, in attaining market stability and in capping the large speculative exchanges that were symptomatic of the 1980s. The Chancellor, in proposing the measure, has taken early action to prevent a worse fate later. The stamp duty changes will help to prevent that fate.

The hon. Member for Guildford also made the interesting point that stamp duty rates are so much lower across Europe, and that the United Kingdom Government are imposing a very heavy burden.

I know that this is a very difficult subject for the hon. Gentleman, but I was referring to the total of taxes on property, of which stamp duty is a part. The total tax take on property is much higher in the United Kingdom than in the rest of Europe.

I am grateful for that implicit recognition of the fact that the United Kingdom stamp duty rate is very competitive. Compared with stamp duty rates of 9 per cent. in Ireland, 8 per cent. in Italy and 6 per cent. in Spain, we have a very competitive rate, of which we have much to be proud. We have a prudent Chancellor who proposed in his Budget only a minor change—a mere 0.5 per cent. increase—in the stamp duty rate. The context in which the decision was made included the factors that I have described, and the need to keep an eye on the United Kingdom's economic stability and to be prudent with its finances.

The debate has highlighted the contrast between the Government, who are concerned with achieving stability in the property market and securing the tax base, and Conservative Members, who clearly stand only for the few and not the many. I believe that the measure should be supported, and that amendment No. 3 should be thrown out.

It is very interesting to follow the speech of the hon. Member for Shipley (Mr. Leslie). However, I should correct him on one or two of the assumptions that he made about Conservative Members' motives. We are criticising the Government's proposed tax not because of the effect that it will have on rich people, as he describes them, but because we believe that it will detrimentally affect growth and jobs. The hon. Gentleman laughs. I am surprised at that, as I should have thought that he would at least know that one may increase economic activity by reducing taxes, so that the take from the lower taxes is higher than it was before they were reduced.

If the hon. Gentleman will tell me that he knows that, I shall happily give way.

I hope that the right hon. Gentleman will welcome the reduction in the corporation tax rate and the imposition of a new, lower l Op starting rate of corporation tax.

I certainly applaud reduction in corporation tax, but am not so impressed with the lop rate, which I should have preferred to be wrapped up in the lower standard tax rate—so that the tax threshold started later, and some more small companies would not have to pay any tax. I think that that would be a much better use of the time of the Inland Revenue and of Customs and Excise and much better for small businesses. The rate that the hon. Gentleman mentioned is really rather gimmicky, as is so much of the Budget. However, I should return to the amendment, to which I know that the Chairman would like me to speak.

Today will be the third time that the Government have raised stamp duty. It went up in 1997, again in 1998, and will undoubtedly go up again today, when the Government's large majority moves through the Lobby. I can appreciate why the Government have followed this course—they want the money, and there are plenty of good things on which Governments spend money. Although I do not always agree with the Government's spending choices, I do understand why they try to maximise the revenue that they take.

Increasing stamp duty is a way of raising extra money that the general public do not notice. It does not affect most people directly and they will not connect it with the malign impact that it may have further down the line. They certainly do not make the connection in the constituency of the hon. Member for Halton (Mr. Twigg) and I doubt whether many people do in my constituency. They have other more immediate worries. Nevertheless, it will have an effect that should concern us on behalf of our constituents.

Stamp duty on commercial property is such a soft option in respect of the average voter—and some hon. Members—that, no doubt, the Government will find it impossible to resist the temptation to raise it still higher in future years, not just because it is easy, but because the Government intend to join the economic and monetary union. One way of hastening harmonisation would be to increase stamp duty to the higher average of continental countries with the minimum fuss. If that is their objective, the Government should remember, as some of my hon. Friends have reminded us this evening, that, although stamp duty or its equivalent is generally higher in Europe than it is here, that is not the case in all EU countries. So, unless the Government accept that tax harmonisation must be at the highest rates, they should be careful about imposing increases.

Even more to the point, as my hon. Friend the Member for Guildford (Mr. St. Aubyn) pointed out a couple of times and again in an intervention, taxes on property are much higher in the UK than they are in the rest of the EU. If the Government seek a level playing field with Europe, they should cut total taxes on property instead of raising them.

I hope that, in her reply to the debate, the Minister will confirm that she recognises that property taxes are higher in the UK and let us know whether the Government intend to call a halt to increases in future years. I do not expect her to do so as a personal favour or in the cause of cross-party co-operation. Of course I realise that Governments can save themselves a great deal of trouble if they keep open as many options as possible. However, I am allowing myself a little hope because I assume that the Minister will want to observe the requirements of the Government's code of fiscal stability, which was also mentioned by my hon. Friend the Member for Guildford.

The code commits the Government to operating fiscal policy in a way that is predictable and consistent with high and stable levels of growth and employment. I know that the Minister can talk and listen at the same time, although not all her colleagues can do that. Will she make clear, in the spirit of the code, what the Government's medium-term intentions are in respect of stamp duty? Whether or not she tells us, I fear that the effect of increasing stamp duty will distort that part of the economy.

I am talking particularly about commercial property and the analysis of Arthur Andersen and the London business school. I was not sent a copy directly; I acquired it from one of my hon. Friends, so I am very happy to pass my copy over to the hon. Member for Shipley, who badly needs to read it. I hope that, in another debate, he will tell us why he has converted or his real reasons for disagreeing with it.

My hon. Friend the Member for Maldon and East Chelmsford (Mr. Whittingdale) mentioned the study, as have several of my hon. Friends. The analysis makes it clear that increases in stamp duty have a surprisingly strong negative effect which is then multiplied through the economy. The Government have already increased stamp duty on commercial property worth more than £500,000 from 1 to 3 per cent.

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If the Government have their way, the level will rise to 3.5 per cent. Arthur Andersen calculated that an increase of 1 per cent. in stamp duty will lead to a fall in property values of 4.5 per cent. or more, compared with what they would have been. So the effect of stamp duty increases is to reduce the value of the Government's stock of property—worth about £100 billion or £110 billion—by about £5 billion, or more.

That will produce a negative impact on the national balance sheet, but it will have a broader effect on the rest of the economy. The borrowing of the industrial and commercial sector totals about £200 billion, which is roughly equivalent to the value of the property that it holds. Therefore, on the same basis, a 1 per cent. increase in stamp duty reduces the value of property in the commercial sector by £10 billion or more from what it would have been.

That will make it difficult for some commercial organisations to borrow. At best, it ensures that their capacity for borrowing does not expand as it could have done, and that they are unable to make the investments or take on the extra staff that they otherwise would. The main effect of increased stamp duty is to reduce growth and employment levels below what they would have been.

That is true especially of small and medium-sized businesses, which generally do not have access to independent finance and so must rely on the banks for loans. As we have heard—from a former bank manager—the bank's aim is to secure loans on property. In addition, an increase in stamp duty has an effect on the readiness of proprietors and managers to make property purchases and move to better and more suitable premises. Acquisitions are therefore postponed, and the Government get less tax, as my hon. Friend the Member for Guildford explained.

When some such firms are obliged to make a move, they are bunched together, which compounds the cyclical character of the commercial property market, and thus of the economy as a whole. That is surely the last effect that a Government who constantly claim to want to put an end to boom and bust should want to achieve.

The Minister may have a view of the analysis by Arthur Andersen and the London business school. If so, Conservative Members will listen with interest. However, if the analysis is only half or a quarter right—or if it applies only for one tenth of a per cent., in Halton—the Government should still accept the amendment.

If they do not, it will be clear that their vaunted code for fiscal stability is infinitely elastic, and that they prefer a politically easy tax that will reduce growth and jobs to levels lower than they might have been to the political pain of raising the money by another means or of holding down rises in public expenditure. Despite all the concern expressed for small and medium-sized enterprises, it will be clear, too, that the Government are prepared to allow that sector once again to bear a disproportionate share of the burden.

Finally, although the Government claim to be putting an end to boom and bust, it will be clear, if they reject the amendment, that that claim is more of a slogan than a serious objective.

When I came into the Chamber during the opening speech by the hon. Member for Maldon and East Chelmsford (Mr. Whittingdale), I thought that we were talking about window taxes, so archaic were the arguments and so ancient the principles involved. It gradually dawned on me, thanks to a few probing questions, that the Opposition had reached the beginning of the 20th century, although not the latter part. Opposition Members seem signally to have failed to understand what stamp duty is all about. I declared my interest as a former solicitor a long time ago, Mr. Martin.

We may divide the problem into two sections, private and commercial, and I shall deal first with the private section. Stamp duty in the private section is singularly low. If, as has been claimed, we seek to harmonise with Europe, we have an awful long way to go to reach Ireland's rate of 8 per cent. And Ireland is certainly not in harmony with Germany, France or Denmark, although all but the last are part of EMU. That argument faces a small hurdle.

Who is affected by high rates of stamp duty? Clearly, it is those who buy posh houses. My constituency is not very rich and there are not many houses that cost more than £200,000. A little area, Eccleston, has some such houses, but £28,000 is nearer the mark for most of the constituency.

On a point of order, Mr. Martin. The amendment deals with the effect of stamp duty on business. I have listened for some moments to a discourse on estate agency and big houses. Is the hon. Gentleman in order?

The right hon. Gentleman is quite right. We are discussing business duties. However, a little leeway is sometimes given so that hon. Members may lead in to their case.

Thank you, Mr. Martin. I have listened to so much about the private housing sector and the 7,000 people who will be affected in Guildford that I thought that I was quite in order in making a few preliminary remarks.

I pointed out in an earlier intervention that, if one bought £1 million worth of commercial land for redevelopment, the total duty would be roughly £35,500, assuming that the purchase price was around £200,000 an acre, giving £200 per house on a five-acre purchase. In my part of the world, ordinary building land costs about £30,000 an acre, and the figure drops to about £20 for each property. That shows the fallacious stupidity of the Opposition's arguments.

Let me turn to commercial matters. I missed a golden opportunity tonight and I shall be kicking myself into next week. We heard a bank manager speak, and I was desperate to ask whether he considers the banks' 4 per cent. over base to be profit. That question falls outwith the remit of the debate, but I almost succumbed to the temptation, and I shall ask again in future.

What will be the effect on commercial property of increasing stamp duty? People who build commercial property do so for one of two purposes—to sell, or to let. If they build to let, there is, of course, stamp duty on the lease. Everyone knows that. The total cost at which they will lease in a competitive market depends, however, on the amount of property available and the number of lessees.

If property is built for sale, the costs of stamp duty on the purchase of the land will naturally be incorporated. Just as with private homes, the amount involved is pretty insignificant and does not affect the market. However, it begins to drive prices down in both the private and commercial sectors.

What has been wrong with British industry for the past 30 years is that it has looked on commercial properties as capital assets that exist for gain or—by lease back or other means—disposal and retention. That creates an artificial profit that in turn drives up prices in both the commercial and private housing sectors, and that disadvantages everyone.

We need to regulate the commercial sector and educate banks. In particular, we need to educate accountants—the destroyers of British industry over the years—to realise that items on the balance sheet should work for the business, as in the American economy, and not act as a bulk, a safety net or a caution point. What is the use of owning £1 million worth of factory floor space if throughput of £10,000 a month is needed to create a viable business? Renting property rather than buying leaves capital available to be used. If we could only educate the banks and accountants—the death knell of British industry—we might achieve something.

The measure will be cost effective. It will not create a great deal of wealth, but it may drive down private sector housing prices and commercial property costs, both for buying and leasing, a little. If it does that, the economy will benefit.

If ever there were an example of investing to accumulate, it is here. One does not invest in buying, one invests in renting, to give one the space to manufacture. In the end, it is manufacturing, not property, that makes money. Property represents an illusory gain—an illusion that has cost this country dear.

The Opposition have already said that, even if they win the vote on their amendment, they will vote against the clause, which is totally illogical. I ask them to justify the insanity of the position that they have adopted.

One is always deeply suspicious about the motives of the Treasury when the Government make a tax change but do not justify it. We are talking about the impact of the changes in stamp duty on business which would result from the amendment that we have tabled suggesting that those who pay the unified business rate should be exempt from the increases in stamp duty.

If the Government had a positive story to tell about why businesses should be subject to higher rates of stamp duty, one would have thought that some mention would have been made of it in the "Financial Statement and Budget Report" before page 99. One has to wait until then to find the simple announcement of the changes in stamp duty rates.

One can conclude by a sort of reverse logic that, as the section of the report that deals with raising productivity and improving the prospects of business does not contain any mention of the changes in stamp duty, they must be bad—QED. Therefore the Government's explanation in their own publication is that the changes do not represent a business-friendly tax. If they did, the Government would have said so.

I shall talk about the impact of the tax shortly, but first I refer the Financial Secretary to paragraph 3.19, on page 37 of the "Budget 99" document—the Red Book. She might find it interesting, because it is the paragraph that eulogises the effect on businesses of the reduction in corporation tax to 10 per cent. on the first £10,000 of profit.

Intriguingly, if the same business that was looking forward to the reduction in corporation tax sold a building worth £250,000 as part of its expansion programme, the increase in stamp duty would negate the additional profits that the Government had allowed it by virtue of the changes in corporation tax.

That simple example illustrates clearly what many hon. Members who have spoken so far seem to have missed: this is not, as the hon. Member for St. Helens, South (Mr. Bermingham) seems to think, a discussion about big houses. It is about the impact on small and medium-sized enterprises.

The hon. Member for Shipley (Mr. Leslie) seemed to say that, because we were dealing with the sale of property in business terms and there were big numbers involved, in some magical way that made the tax affordable. The hon. Gentleman missed the fact that the assets and capital value of a company, if it has decided to purchase a building—or its major operating costs, if it has decided to lease a building—may be tied up in that building. If the firm moves to expand its premises by sale, or by ending one lease and buying a new one, it will not be able to afford to lose out of its balance sheet the money represented by the increase in stamp duty. That money has to come from somewhere. If the Government increase their take at the point of sale or change of lease under the circumstances that I have described, it will effectively come off the company's bottom line.

When a company or business moves, it is an enormous event in its lifetime. A great range of costs is incurred—not only removal, but stationery and so on. What percentage of the total costs does the stamp duty represent?

With respect, the hon. Gentleman misses the point. The percentage that it represents is irrelevant. It represents an additional expense, and there would no need for it to be incurred if our amendment was accepted.

I would appreciate it if the Financial Secretary were to respond to my next point. It is instructive briefly to consider the history of stamp duty because it is important that the Government should justify why they change rates and increase the taxes that they impose on business. Interestingly, stamp duty arose in the Netherlands in 1624 as a result of a competition to find a new form of tax. It strikes me that there has been a competition in the Treasury to find novel ways of raising money. When the tax first came to this country in 1694, it was levied on the materials of business of the day—vellum, parchment and paper. Not much has changed in the past 300 years.

I embarked on that historic voyage to make the point that stamp duty's original purpose was to extract tax revenue from company income when there was no corporation tax, uniform business rate or other business tax by taxing capital transactions. The hon. Member for Shipley asked why we should deny ourselves the extra revenue. Given that there are now other means of taxation, can the Financial Secretary say why the Government have chosen to raise additional money from business via stamp duty? I accept the criticism that we did not tackle the question of whether stamp duty was a valid tax but, as the Government have embarked on what I would call exploiting a nice little earner, they should publicly justify why this tax and not others has been chosen.

Labour Members have played down the impact of the changes on the burden on business. I asked the Library to produce a table examining the impact of the stamp duty increase and a commentary on its effect on business. In the financial year that we have just entered, the effect of the changes is £1.3 billion. That rises, in cumulative terms, in the next financial year-taking into account the previous stamp duty changes-to £1.4 billion, with £1.4 billion estimated for the year 2001–02. The total effect of the Government's changes to stamp duty rates will be a cumulative extra tax take of £5.2 billion. It would have been interesting had the Chancellor had the courage when he came into office to say that he proposed to increase business taxes over the next four years by £5.2 billion. He did not have the nerve.

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However, we can see what the effect would have been had the Chancellor done that. I should point out that the amount would be £5.2 billion overall. According to the Library, it is estimated that 60 per cent.—that is £3 billion—will fall on business. That is in addition to the extra taxes that business is already having to bear through the corporation tax changes introduced by the Government. That shows why my right hon. and hon. Friends on the Front Bench described that operation as a stealth tax. It may not occur often in individual businesses, but the cumulative effect shows that the tax has turned into a nice little earner for the Treasury.

It is evidently an uneven tax in its impacts on different parts of the country. In areas where property and land values are higher—London and the south-east—there will be a disproportionate tax burden to bear. However, if we consider the problems of east London and business development there, we find that that area is in almost as much in need as some of the so-called derelict parts of regions such as the north-east and the north-west, which are traditionally seen as difficult. This measure comes from a Government who are supposed to be business friendly.

When we look across the net receipts of Inland Revenue taxes, an interesting pattern emerges, which explains why business is now being asked to pick up the tab for this extra stamp duty. At the beginning of this century, stamp duty was hardly noticeable—it raised only £8 million. However, the total effect of the Government's proposals for the current financial year is that £5.7 billion is written into the Government's estimates. If, as a starting point, we compare the levels of stamp duty that will be raised in the current financial year with the levels in the financial year in which the Labour Government took office, it is clear that stamp duty has risen by plus 65 per cent. in their estimated receipts. If we bear in mind the finding that 60 per cent. of the burden will fall on industry, business and commerce, we begin to see what the Government are about.

I suspect that the Financial Secretary will have received analyses from the Inland Revenue showing that receipts from another business-based tax—petroleum revenue tax—were rapidly dropping and that capital gains tax and inheritance tax were of limited value. She would have been told that stamp duty had magically become the No. 3 earner among Inland Revenue taxes. She would have been told: "What a good idea it would be, Financial Secretary, if you visited this rather neglected area, because it is a nice easy tax. You will not get too many queues of complaining people at your door. Let's have a go". My God, she took the bait in full measure.

However, we must not lose sight of another stealthy bit of Government activity. My hon. Friend the Member for Bognor Regis and Littlehampton (Mr. Gibb) will recall tabling a parliamentary question in which he attempted to elicit the facts about how the tax burden between residential and commercial property would change over time as a result of the changes in stamp duty. Interestingly enough, in the financial year 1997–98, 60 per cent. of stamp duty was raised from residential property and 40 per cent. from commercial property. However, the Treasury's own estimate for the year 1999–2000 is that that burden will be evenly shared between business and residential property. There is an element of politics creeping into this issue; it is clear that the Government think that business is a soft touch, and that no one will complain too much, so there is an element of burden shifting.

The burden of stamp duty is rising for business—hence the earlier remarks of my hon. Friends who drew the attention of the Committee to the problems that would arise in the property market. The Financial Secretary should give the Committee some economic analysis—or lay the information in the Library, if she does not have it with her—if it is necessary to repudiate the arguments made by Conservative Members this evening.

The British Federation, whose report by the London business school has been quoted, has spent a lot of money justifying its point of view. Perhaps the Financial Secretary would like to produce her own analysis to reassure, if she feels it necessary, the business community that it will not be adversely affected, as my hon. Friends have predicted.

Without doubt, there are long-term implications. It has been reported that the Government's measures will reduce liquidity in the business sector and inhibit the ability of industry to take on new space. Mr. Angus McIntosh, a director of commercial property consultants Richard Ellis, and therefore someone who is in the front line of business lettings and activities, says that the higher duty could threaten more marginal office and industrial schemes, but adds that the retail market might well find a way around the problems. I thought that the Government wanted to encourage the sort of office and industrial schemes that typify many areas of industrial renaissance. Can the Financial Secretary really be promoting a policy that appears to act against the objectives expressed in other parts of the Budget statement?

One of the Trojan horse arguments that has been advanced in respect of the Government's aims is that their proposals on stamp duty on business are a staging post on the way to higher business taxes, on a par with those of Europe. I join my hon. Friends in asking the Financial Secretary to give us some indication of the Government's policy in that specific area of tax. I know that she cannot stand up and say, "There will be no change in tax rates", because, even though the Government said that, they did not mean it. Instead, I should like her to concentrate on words that she does mean.

The Government find it easy to spend a great deal of time justifying and explaining their actions—for example, in respect of environmental taxes, they explained at length why some of the changes in vehicle excise duty and fuel tax had occurred; and they gave lengthy explanations of what they think are the likely effects on business of some of their changes to corporation tax. The Government clearly know the effect of what they want to do and they can plot the development of that effect in future. Therefore, if the burden on industry of stamp duty is to increase, we can be sure that the Financial Secretary received from the Inland Revenue and the Treasury an analysis of the economic effects of that. She will be doing industry, business, commerce and the Committee a service if she shares those projections with us.

In the interests of stability and forward planning, the Government have been happy to offer their prognostications on the level of certain taxes at the end of this Parliament. If they can do that in respect of income tax or business tax, it is logical to assume that they can do the same in respect of stamp duty. If the Financial Secretary is unable to supply that information, she should tell us why not. A lack of figures would appear to reveal a degree of inconsistency in the Government's approach to projecting the effects of taxes, and the Government should be consistent in their approach to such matters.

9.30 pm

We are not talking about sums of money that are insignificant to the businesses concerned. My hon. Friend the Member for Maldon and East Chelmsford (Mr. Whittingdale) spoke of the slab-slice dilemma, and it is interesting to convert slab-slice into money. The new proposals leave stamp duty on £249,000 deals at £2,490, whereas paying £2,000 more puts another £3,785 on the stamp duty bill. The Financial Secretary should explain why that sort of cliff-edge philosophy still finds a place in the Treasury.

It is sad that the contributions from the Government Benches have lacked any imagination. If the Government propose to use stamp duty as a creative tool, they should offer some imaginative suggestions as to its application. For example, why have the Government not considered relieving businesses in objective 1 or 2 areas of the stamp duty changes? That would be a positive way of encouraging new business development. By contrast, the Government have adopted a uniform approach. Why is there no regional differentiation? Why is the Treasury not using some imagination? As was mentioned earlier, why do the Government not encourage developments on brown-field sites by relieving them of stamp duty increases as a way of encouraging the use of such sites?

It seems that the Government are using stamp duty as a blunt instrument. They have not thought about it creatively—and it is time that they did. As a result of the Government's proposals, stamp duty on a £500,000 deal will rise to £17,500 per transaction. Stamp duty on a £3 million deal—which is modest by industrial standards—will increase from £90,000 to £105,000. An increase of £15,000 is not insubstantial.

Will the Financial Secretary comment on the findings that these proposals will reduce property values? A 1 per cent. increase in stamp duty will reduce property values by £25.6 billion. Several of my hon. Friends have said that Government stock will be reduced by £5 billion. Does the Financial Secretary agree with that figure? Has the resource accounting mechanism—which will be introduced shortly—made any allowances for that loss in value to business?

Does the Financial Secretary agree that the changes will amplify the fact that tax rates are rising in this country? Taxes on property in the United Kingdom are already twice the European Union average when expressed in gross domestic product terms. Tax equals 3.7 per cent. of GDP. Why is it necessary to raise business taxes further as a result of these proposals? Has the Financial Secretary given any thought to introducing into this country the types of stamp duty exemptions that exist in other European regimes? For example, in Portugal, public bodies, social housing and business reorganisations are exempt from stamp duty, full stop—never mind any increases. I dwell on this point because, if the Government are anxious to develop stamp duty as a tax, it would be useful to know whether they will apply it creatively. If they do not, they will have to contend with a large avoidance industry.

It is unusual for tax avoidance practitioners to declare their hand. However, the Financial Secretary will find that, as businesses seek ways around the tax increases, the avoidance industry will limber up, ready to turn property and land into companies with share capital—bearing in mind that there is only 0.5 per cent. stamp duty on share transfers—that can be bought and sold. The higher rate will be 3 per cent. under the Government's proposals. Is that not a sure-fire way of relinquishing income in terms of business tax?

Is the right hon. Gentleman trying to tell the Committee that if Jack Investments Ltd.—I use the right hon. Gentleman's name as an example—has among its assets a factory and a green-field site, it will create a new company to take those two items from Jack Investments Ltd. so that the new company can be sold, and the factory and the green-field site can therefore be sold as shares in that company rather than as assets? That is totally ridiculous.

The hon. Gentleman says that it is totally ridiculous, but perhaps he would like to explain that degree of ridicule to the authors of the London business school report, who advance the view that I have just explained. The hon. Gentleman is entitled to his view, but I am certain that, in transactions of sufficient size, that type of avoidance mechanism will be used, particularly if the Government continue to increase the rate of stamp duty. Why should people pay tax unnecessarily if, to put it bluntly, there is a cheap way round it?

In such a mechanism, property would be assets bought by a company. If they were then sold on to a new company, there would be a capital gains tax liability, which would be a cost on the company, so to save a few pounds companies might create a tax loss of many thousands of pounds. To respond to the right hon. Gentleman's earlier point, I shall willingly take on the authors of that report—they do not seem to know what they are talking about.

The hon. Gentleman did not consider the roll-over mechanisms in capital gains tax. I am absolutely certain that people would take those into account.

Conservative Members have performed sufficiently well in the debate to demonstrate that the Government must clearly answer many questions to justify their proposal. The amendment would try to relieve business from that unnecessary tax.

Before I end my remarks, may I apologise to you, Mr. Martin, and the Committee for not at the outset declaring my registrable business interests, which are in the Register of Members' Interests, in case anybody is concerned that they might have influenced what I had to say.

Many points have already been made, so, in view of the hour, I shall keep my remarks brief. Before I begin, I should declare that I have property interests that could possibly be affected by the amendment and the clause. They are declared in the Register of Members' Interests.

Clause 99 increases stamp duty on the transfer of property valued at over £250,000 but less than £500,000 from 2 to 2.5 per cent., and on property valued at over £500,000 from 3 to 3.5 per cent. It is worth noting that this is the third time in two years that the Government have increased stamp duty. It is worth noting also that, for the bulk of the 18 years of Conservative government, stamp duty was fixed at 1 per cent. All objections to the tax have been multiplied many times because of its increase from 1 per cent. to a top rate of 3 per cent. I point that out in reply to the repeated interventions from the hon. Member sitting below the Gangway, who, I think represents Birmingham—

I am sitting below the Gangway, but the hon. Gentleman is confusing the name of the Member to whom he refers with that Member's constituency. I am a Member who represents Birmingham, but the hon. Gentleman who spoke is my hon. Friend the Member for St. Helens, South (Mr. Bermingham).

The hon. Lady has made a stupid, cheap point. She knows perfectly well to whom I was referring.

Mr. McKee of the British Property Federation has said that we shall hear a wide variety of debate in industry about whether a 3 per cent. stamp duty is too much or whether it is not yet too much, but the real question is, "What are the Chancellor's plans for stamp duty?" That is the real question in this debate. The property industry and all the institutions connected with that industry are entitled to ask the Government what their long-term strategy is for stamp duty. Unless they have some answers to those questions, they will draw their own conclusions.

Like my hon. Friends, I shall quote a few facts and statistics from the Arthur Andersen report, compiled jointly with the London business school. One of its most startling predictions was that, in the short term, a 1 per cent. increase in stamp duty would lead to a decline in gross domestic product of 0.02 per cent. in year 1 and a 0.06 per cent. in year 3, and that this would be accompanied by a reduction of 11,300 people in work by year 4. In the longer term, additional factors would increase the reduction in GDP to some 0.05 to 0.1 per cent. I am pretty certain that not even the Government can tell the Committee tonight that the increase in stamp duty will have anything other than a deleterious economic effect.

It is worth noting how important the commercial property sector, which will he affected by this tax, is to the economy. It is worth approximately twice the entire gilt market. Although, in the mid-1980s, the value of United Kingdom equities was about 50 per cent. greater than that of commercial property, it is now three times that of the commercial property sector. That illustrates the relative decline in commercial property as an investment medium. There is no doubt about it: in an increasingly international world, our investing institutions that invest in properties will carefully monitor transaction costs and, if they find that transaction costs on property are significantly higher in the UK than those not just in the rest of Europe but in the rest of the world—as is the case even now, when total property transaction costs amount to about 10 per cent.—they will vote with their feet and invest elsewhere, and that inward investment and our own domestic investment will be invested elsewhere.

It may be worth considering how we compare with some other European countries. As I pointed out in an intervention, the UK has the highest property transaction costs in the European Union, amounting to some 10.5 per cent.—higher than those in Luxembourg, our nearest rival, whose costs are about 8 per cent. In Austria, such costs are about 1.5 per cent., so UK costs are significantly higher.

As I also said in my intervention, France has become so worried about the effect of high property transaction costs that it has cut its transaction tax drastically, from a huge 18.5 per cent. to 4.5 per cent. The rate in Germany—perhaps our nearest major rival—is only 3.5 per cent.

Therefore, I would severely caution the Government, if they have it in mind to increase stamp duty significantly in future years. Although, on the surface, it might appear to be a cheap tax to collect and a soft option—indeed, a very good candidate for Labour's stealth tax—the longer-term effect on business activity in the UK is likely to be significant.

There are other aspects in which stamp duty is significant. As hon. Friends have mentioned, it has a big effect on company liquidity, reflected in balance sheets. It has been argued tonight that it is wrong for companies to own their commercial property, but I believe that that is pretty dangerous advice coming from a bank manager who is talking and not even listening to my speech, because he knows that many companies—including some of our best companies, such as Marks and Spencer—own virtually all their shops, and they have found that, in the longer term, that benefited them greatly.

Does the hon. Gentleman suggest that that will continue to happen in the next two or three years?

It all depends on whether the Government take us into the euro, on long-term and short-term interest rates, and on how rents respond to competition. There are so many unknown factors that it is impossible to predict. I will not give any company generalised advice; I simply caution companies not to assume automatically that it will be cheaper to rent than to own property. That conclusion cannot necessarily be drawn.

I recall that, last year, commercial property shares took a real hammering after the Government increased stamp duty, and I would expect the same thing to happen this year. I would also expect the value of commercial property immediately to be written down in the balance sheets of most firms' property portfolios. Any investing company will require a high yield, and that will have to he reflected in either commercial property transaction prices or higher rents for trading companies. We cannot necessarily draw any particular conclusions.

9.45 pm

Arthur Andersen has estimated that, even on conservative assumptions, an increase in stamp duty from 3 to 4 per cent. would decrease the value of commercial properties by 4 to 7 per cent. That would imply that the total value of commercial property would decline at a stroke, through the imposition of the clause, by between £25 billion and £42 billion. That shows that the clause will have a significant effect on business activity.

The three increases in stamp duty have already had an effect. Commercial property is now valued at about £193 billion, whereas, at the end of the 1980s, it was valued at about £280 billion. That has an effect on liquidity and on the ability of companies to borrow on the basis of the value of the commercial property held in their portfolio.

We should be looking to lower taxes for business. We want to stimulate business activity. We should not allow the cosy assumption that we shall harmonise taxes in Europe to lead us automatically to assume that taxes will be increased. This country should be a beacon in Europe—I hope that my hon. Friend the Member for Maldon and East Chelmsford (Mr. Whittingdale), who is on the Opposition Front Bench, is listening to this, because I am sure that it will be of interest to him—for lowering taxes, not increasing them.

As I said yesterday, if we continue increasing taxes, as we are doing in this instance by raising stamp duty, we shall make more and more people unemployed. Total unemployment in Europe is now 18.5 million; with increased business taxes, it will become even worse. We shall make Europe even more uncompetitive compared with the rest of the world.

I have recently returned from Hong Kong—this is declared in the Register of Members' Interests. It is enshrined in the Basic Law that the maximum level of taxation in Hong Kong is 15 per cent. Every politician and every civil servant should be required to visit Hong Kong to see what a proper deregulated economy could do.

We should examine carefully what an increase in stamp duty will do. By far the largest amount of stamp duty is paid by the commercial sector. My hon. Friend the Member for Maldon and East Chelmsford is right to try to exempt commercial property. If we do not recognise the property investment sector as an important international investment medium, we shall suddenly find that inward investment will decline. The previous Conservative Government were successful in bringing investment into the country. At one point, over a 10-year period, we managed to attract a quarter of all the inward investment into the EU; that probably created 1 million jobs. It would be a tragedy if this Government, with their tax-raising ideas, started to reverse that trend and increased unemployment. I do not want that to happen, and nor do my constituents.

When the Financial Secretary sums up, I hope that she will give us an idea of the effect of the burden on industry of the increase in stamp duty. Much more importantly— I return to where I started—I ask her to give the property industry an indication of her long-term strategy for stamp duty so that it can plan its investments, which, by their very nature, are long term, and so that investors can plan with certainty on the basis of a degree of known facts.

We have had a long, but thorough, debate on the amendment, which would exclude from the increases in the higher rates of duty any transfers of property to which the uniform business rate applies. Clearly, the amendment's purpose is to introduce a stamp duty relief for commercial property. Let me say at the outset that I do not believe that such a relief is called for, and I shall explain why.

The commercial sector of the property market is in sound condition and should be well able to absorb these small increases without serious difficulties. My hon. Friends the Members for Halton (Mr. Twigg) and for St. Helens, South (Mr. Bermingham) pointed that out.

According to the Investment Property Databank, the commercial property market has been strengthening in 1999. Returns from investment in property over the past three years—at 9.4 per cent. a year, adjusted for inflation—have been considerably better than the long-term average of 5.9 per cent. since 1986. Stamp duty is only one of the considerations involved in buying or leasing property; other economic factors, such as long-term interest rates and increases in capital values, are much more important.

The hon. Member for Maldon and East Chelmsford (Mr. Whittingdale) raised a number of issues and I shall deal with them in turn. He asked whether there was a secret agenda to harmonise stamp duty with Europe. The Conservative party knows a great deal about secret agendas, but this evening I shall not dwell—not at length, at any rate—on its misery. United Kingdom rates are moderate; there is no European proposal to harmonise stamp duty, and there is certainly no secret agenda.

The hon. Gentleman then said that rises will wound ordinary home owners in the south-east. May I point out to him that ordinary home owners—on whom we have concentrated this evening—are enjoying the lowest mortgage rates for 33 years? I know that that is very popular in the country. He also spoke about something that is known as the slice system; I say that for the benefit of those Members who have just joined us in the Chamber. This is an example of the Opposition not fully costing their proposals.

Such a proposal would be incredibly expensive—it would cost £890 million—and lead to higher rates and a much more complex system. [Interruption.] The hon. Gentleman protests, but he is one of the people who have argued for simplicity. During our exchanges last week, I told him how much I admired his stance on deregulation. He has criticised Governments for not deregulating enough, but—as I had to point out to him last week, and have to point out to him again—the only problem is that he has been criticising the previous Conservative Government.

Let me make some progress, because I want to deal with what the hon. Gentleman said.

The hon. Member for Maldon and East Chelmsford also said that we were weakening the competitiveness of the City of London; that is certainly not its view. The Government are absolutely committed to maintaining a competitive environment in which the City can prosper.

The hon. Member for Guildford (Mr. St. Aubyn) raised a number of issues and, again, I shall deal with them in turn. He argued that a stamp duty increase would prevent local government from increasing taxes and asked whether the Government were carrying out a smash-and-grab raid. I note his enthusiasm for higher local taxes and I am sure that his proposal will be disseminated widely in his constituency. His argument is absolute nonsense.

The hon. Member for Guildford also said that the increase in duty on commercial property reduced the value of the Government's assets, outweighing the increase in tax revenue. The hon. Member for South-East Cornwall (Mr. Breed) rightly said that he could not see the point in that, but I am glad that the hon. Member for Guildford is taking an interest in the public finances. How unlike the record of the Government whom he would have supported, had he been a Member of the House at the time. Under that Government, borrowing reached £50 billion and the national debt doubled. It needed this Government to—

The Financial Secretary has just played back the remark made by my hon. Friend the Member for Guildford (Mr. St. Aubyn) and by me about the estimated drop in the Government property portfolio as a result of these proposals. She went on to make a party political point. May I bring her back to that figure and ask whether she agrees with it? If so, has any adjustment been made for that fact in the resource accounting procedures?

No, I do not agree with it. I shall go on to discuss some of the points that the right hon. Gentleman made, because the Committee wants to hear about them.

The right hon. Member for Fareham (Sir P. Lloyd) and various others mentioned some of the points that were made in the report sponsored by the British Property Federation. It was a technical report and there is always great scope for different opinions, forecasts and analyses. I do not agree with all the conclusions reached in it.

I think that I heard the Financial Secretary say that the cost of our amendment would be a staggering £800 million. Will she explain where she gets that figure, given that the Red Book shows that implementing the entire clause will raise only £270 million this year, £310 million next year and £340 million in 2001–02?

Certainly. It is getting rather late for some hon. Members, but I say with the greatest respect—as I used to say ins another capacity—that the hon. Gentleman should listen to what I say. I was talking about his proposals for slab and slice, not the proposals in the amendment. I shall come a little later to the costs of that.

The right hon. Member for Fylde (Mr. Jack) said that, in his view, the Government had shifted the burden on to business. Both residential and commercial property deals will face exactly the same tax rate, which is why it is fair. He also mentioned exemptions. The Conservative party has been going on for weeks and weeks about the Government introducing complexity in the tax system; yet Conservatives seek to introduce further complexity. The right hon. Gentleman gave us an interesting history lesson on how stamp duty was introduced. His speech amounted to an attack on stamp duty, but I note that, when he was a Treasury Minister—he held my post—he did nothing to abolish it. It is no good the right hon. Gentleman telling the Chamber, "It was nothing to do with me, guy; I was only the Financial Secretary."

Order. Perhaps we could have less noise from the Treasury Bench. The only sound that I want to hear is from the Minister.

10 pm

Thank you, Mr. Martin. That is the nicest thing that anyone has said to me all evening.

What would the amendment do? As I said, it would introduce considerable complexity into the administration of what is essentially a straightforward tax, the efficiency of which depends on a rapid turnover by the stamp office of a large number of documents. That was well pointed out in an excellent contribution by my hon. Friend the Member for Shipley (Mr. Leslie).

Once again, the Opposition have proposed a measure that would lead to greater complexity, and has not been costed. In answer to the hon. Member for Cotswold (Mr. Clifton-Brown), I say that the amendment would have a revenue cost of about £175 million. During the debate, the hon. Member for Maldon and East Chelmsford was asked whether he had costed the amendment, and he could not give an answer. The Opposition owe a duty to the Committee to say from where the money would come. No wonder they completely mismanaged the public finances.

Why should the voters listen to a party that no longer seems to know what it believes in on finance? Last summer, the shadow Chancellor denounced as "reckless" my right hon. Friend the Chancellor's £40 billion spending plans for health and education. This week, the shadow Chancellor promised that a Conservative Government "would adopt them". Those are not my words: I was quoting from the Daily Mail, so the Conservatives seem to have lost the confidence of another section of the press.

The amendment is neither desirable nor necessary. For the reasons I have given, I ask the Committee to reject it.

Clause 99 introduces yet another rise in stamp duty rates in what the Prime Minister pretends is a tax-cutting Budget. It will raise £270 million this year, £310 million next year and £340 million the year after. That follows two previous Labour Budgets which increased stamp duty rates. The March 1998 Budget increases raised some £500 million a year in extra stamp duty revenues, and Labour's first Budget in July 1997 also raised £500 million a year in extra stamp duty revenues. That is £1.3 billion of yearly extra stamp duty to be paid by the British people and British business as a result of electing a Labour Government to power in May 1997. The Government were elected on a clear pledge not to raise taxes. [Interruption.]

Order. The Committee should come to order. It is bad manners. The hon. Gentleman should be heard.

Thank you, Mr. Martin.

When the Chancellor first introduced his stamp duty escalator in July 1997, he gave house price stability as his reason for doing so. He said:
"I will not allow house prices to get out of control".—[Official Report, 2 July 1997; Vol. 297, c. 313.]
However, house prices in the residential sector are rising, and the stamp duty increases are having little or no effect on prices. That is the view of residential property estate agents. Simon Tyler of Chase de Vere was quoted in The Sunday Times on 14 March. [Interruption.]

I am grateful to you, Mr. Martin. Simon Tyler of Chase de Vere said:

"Most people will add the cost to their mortgages so I shouldn't think it will affect the property market too much."

When the Chancellor introduced this latest tax hike, he said that 96 per cent. of home sales would be unaffected, implying that only richer households will be affected. However, it will affect a much wider section of society, because it will affect business—small business in particular. As the Association of British Insurers has said, the recent stamp duty increase
"has been presented as affecting those in more expensive housing. It also applies to commercial and industrial property where it bites at a low level.
The effect is to increase costs for many start-up businesses discouraging would-be entrepreneurs and investors backing them."

The Institute of Directors has also criticised the rise. It says:
"We deplore the increase in stamp duty on property transactions of over £250,000. It will affect only a small proportion of domestic properties, but a much larger proportion of business properties."
The institute goes on to make the important point that transfers of goodwill and patents will also be affected. Moreover, a written answer from the Economic Secretary to the Treasury, referred to by my right hon. Friend the Member for Fylde (Mr. Jack)—[Interruption.]

Order. It is not good that the Chair should have to keep bringing the Committee to order; it is not fair on the hon. Member for Bognor Regis and Littlehampton (Mr. Gibb).

Thank you, Mr. Martin.

The answer from the Financial Secretary's colleague, the Economic Secretary, reveals that three quarters of the tax revenue from the 3.5 per cent. rate of stamp duty comes from commercial properties, while only a quarter comes from residential properties—a point that was omitted from the Chancellor's speech and, incidentally, from this year's notes on clauses, although it was clearly set out in last year's. The candle burns late into the night at the Treasury so that people can excise such unhelpful paragraphs.

My hon. Friend the Member for Guildford (Mr. St. Aubyn) was right to point out that the 0.5 per cent. increase in stamp duty will knock billions of pounds off the value of Government property, while raising only a few hundred million pounds. That will be crucial when the Government introduced resource accounting. It will not just mean a paper transaction; it will determine tax and spending plans. My hon. Friend was also right to point out that the increase in stamp duty is a tax on mobility.

The hon. Member for Halton (Mr. Twigg) made a marvellous attack on the competence of Arthur Andersen, in connection with a report that he has not even read. Perhaps Arthur Andersen should consult the hon. Gentleman and take advantage of his expertise when it next produces a report. The hon. Member for South-East Cornwall (Mr. Breed), a former bank manager, expressed concern about the amount of secured borrowing: he thinks that business should reduce it. Well, he would, wouldn't he, being a former bank manager.

My right hon. Friend the Member for Fareham (Sir P. Lloyd) is right to demand clarity on the Government's medium-term intentions on the rate of stamp duty, and my right hon. Friend the Member for Fylde is right to be suspicious of Governments who change taxes without saying why. As my right hon. Friend pointed out, that must mean that the Government themselves believe the tax rise involved to be bad, and to be particularly bad for small businesses.

Firms are genuinely concerned about the extra cost that the clause will impose on dynamic business. It is yet another burden to add to the catalogue of additional burdens on business introduced by the Government since May 1997. What worries businesses particularly—as my hon. Friend the Member for Cotswold (Mr. Clifton-Brown) and others have said—is where the future lies. What future stamp duty increases can we expect? Will McKee, director-general of the British Property Federation, said last year:
"the real question is: where is the Chancellor going with stamp duty."
Steve Mallen, head of research at Knight Frank, said:
"the shrewd investor"—
and there are shrewd investors sitting opposite me—
"should assume stamp duty will continue to rise towards continental levels."
So what are the Government's intentions? The Minister should have given business some certainty and stability. She should have spelt out the Government's policy with regard to future stamp duty rates. Will the rates continue to rise, and, if so, to what level? Will they rise to the 12.5 per cent. to which they have risen in Belgium, to the 6 or 4.5 per cent. to which they have risen in France, to the 9 per cent. level reached in Greece, to the 6 per cent. level reached in Luxembourg, the Netherlands and Spain or to the 10 per cent. level reached in Portugal? If stamp duty rates are not to continue to rise, why has not the Minister given the same guarantee that the Chancellor has given regarding corporation tax rates—that there will be no further increases for the remainder of this Parliament?

In Labour's first three Budgets, we have seen three stamp duty rises. We have seen the rate increased from 1 to 2.5 and 3.5 per cent. As with all stealth tax rises, the effects of this are capricious and unplanned. The impact on residential properties is more severe—[Interruption.]

Thank you, Mr. Martin.

Like all stealth taxes, the increase's effects will be capricious and unplanned. It will have a more severe impact on residential property in the south-east than elsewhere in the United Kingdom, and will hurt small businesses disproportionately more than large ones. If the Government are true to their rhetoric that the stamp duty increase is only about "cooling" the housing market, they should feel perfectly happy about accepting amendment No. 3, which would disapply the increase to business property. If they cannot accept the amendment, I urge the Committee to demonstrate its opposition to just another stealth tax by voting for the amendment.

Question put, That the amendment be made:—

The Committee divided: Ayes 126, Noes 308.

Division No. 156]

[10.10 pm

AYES

Amess, DavidGorman, Mrs Teresa
Ancram, Rt Hon MichaelGray, James
Arbuthnot, Rt Hon JamesGreen, Damian
Atkinson, Peter (Hexham)Greenway, John
Baldry, TonyGrieve, Dominic
Beggs, RoyGummer, Rt Hon John
Bercow, JohnHamilton, Rt Hon Sir Archie
Beresford, Sir PaulHammond, Philip
Bottomley, Rt Hon Mrs VirginiaHawkins, Nick
Brady, GrahamHayes, John
Brazier, JulianHeald, Oliver
Browning, Mrs AngelaHeathcoat-Amory, Rt Hon David
Bruce, Ian (S Dorset)Heseltine, Rt Hon Michael
Burns, SimonHogg, Rt Hon Douglas
Cash, WilliamHoram, John
Chope, ChristopherHoward, Rt Hon Michael
Clappison, JamesHowarth, Gerald (Aldershot)
Clark, Dr Michael (Rayleigh)Jack, Rt Hon Michael
Clarke, Rt Hon KennethJackson, Robert (Wantage)

(Rushcliffe)

Jenkin, Bernard
Clifton-Brown, GeoffreyKey, Robert
Collins, TimKirkbride, Miss Julie
Cormack, Sir PatrickLaing, Mrs Eleanor
Cran, JamesLait, Mrs Jacqui
Davies, Quentin (Grantham)Lansley, Andrew
Davis, Rt Hon David (HaltempriceLeigh, Edward
& Howden)Letwin, Oliver
Donaldson, JeffreyLewis, Dr Julian (New Forest E)
Dorrell, Rt Hon StephenLilley, Rt Hon Peter
Duncan, AlanLloyd, Rt Hon Sir Peter (Fareham)
Duncan Smith, IainLyell, Rt Hon Sir Nicholas
Emery, Rt Hon Sir PeterMacGregor, Rt Hon John
Evans, NigelMcIntosh, Miss Anne
Fabricant, MichaelMacKay, Rt Hon Andrew
Fallon, MichaelMcLoughlin, Patrick
Flight, HowardMaples, John
Forsythe, CliffordMates, Michael
Forth, Rt Hon EricMawhinney, Rt Hon Sir Brian
Fraser, ChristopherMay, Mrs Theresa
Gale, RogerMoss, Malcolm
Garnier, EdwardNicholls, Patrick
Gibb, NickNorman, Archie
Gill, ChristopherOttaway, Richard

Paice, JamesTapsell, Sir Peter
Paterson, OwenTaylor, John M(Solihull)
Pickles, EricTaylor, Sir Teddy
Prior, DavidThompson, William
Randall, JohnTredinnick, David
Redwood, Rt Hon JohnTrend, Michael
Roberston, Laurence (Tewk'b'ry)Viggers, Peter
Roe, Mrs Marion Broxbourne)Walter, Robert
Ross, William (E Lond'y)Wardle, Charles
Ruffley, DavidWaterson, Nigel
St Aubyn, NickWhitney, Sir Raymond
Sayeed, JonathanWhittingdale, John
Shepherd, RichardWilkinson, John
Simpson, Keith (Mid-Norfolk)Willetts, David
Smyth, Rev Martin (Belfast S)Winterton, Mrs Ann (Congleton)
Soames, NicholasWinterton, Nicholas (Macclesfield)
Spicer, Sir MichaelWoodward, Shaun
Spring, RichardYeo, Tim
Stanley, Rt Hon Sir JohnYoung, Rt Hon Sir George
Steen, Anthony
Streeter, Gary

Tellers for the Ayes:

Swayne, Desmond

Mrs. Caroline Spelman and

Syms, Robert

Sir David Madel.

NOES

Adams, Mrs Irene (Paisley N)Chaytor, David
Ainsworth, Robert (Cov'try NE)Chidgey, David
Allan, RichardClapham, Michael
Allen, GrahamClark, Rt Hon Dr David (S Shields)
Anderson, Donald (Swansea E)Clark, Paul (Gillingham)
Armstrong, Rt Hon Ms HilaryClarke, Eric (Midlothain)
Ashdown, Rt Hon PaddyClarke, Rt Hon Tom (Coatbrige)
Ashton, JoeClarke, Tony (Northampton S)
Atkins, CharlotteClelland, David
Austin, JohnCohen, Harry
Baker, NormanColeman, Iain
Ballard, JackieConnarty, Michael
Barnes, HarryCorbett, Robin
Battle, JohnCorbyn, Jeremy
Beard, NigelCorston, Ms Jean
Beckett, Rt Hon Mrs MargaretCotter, Brain
Begg, Miss AnneCousins, Jim
Bell, Staurt (Middlesbrough)Crausby, David
Benn, Rt Hon TonyCryer, John (Hornchurch)
Bennett, Andrew FCummings, John
Benton, JoeCunningham, Rt Hon Dr Jack
Bermingham, Gerald

(Copeland)

Best, HaroldCunnigham, Jim (Cov'try S)
Betts, CliveCurtis-Thomas, Mrs Claire
Blears, Ms HazelDalyell, Tam
Blizzard, BobDarvill, Keith
Blunkett, Rt Hon DavidDavey, Edward (Kingston)
Boateng, PaulDavey, Valerie (Bristol W)
Borrow, DavidDavidson, Ian
Bradley, Keith (Withington)Davies, Rt Hon Denzil (Llanelli)
Bradley, Peter (The Wrekin)Davies, Geraint (Croydon C)
Bradshaw, BenDawson, Hilton
Breed, ColinDean, Mrs Janet
Brinton, Mrs HelenDismore, Andrew
Buck, Ms KarenDobbin, Jim
Burgon, ColinDobson, Rt Hon Frank
Burnett, JohnDonohoe, Brain H
Butler, Mrs ChristineDoran, Frank
Caborn, Rt Hon RichardDowd, Jim
Campbell, Alan (Tynemouth)Drown, Ms Julia
Campbell, Mrs Anne (C'bridge)Dunwoody, Mrs Gwyneth
Campbell, Rt Hon MenziesEagle, Angela (Wallasey)

(Ne Fife)

Eagle, Maria (L'Pool Garston)
Campbell, Ronnie (Blyth V)Edwards, Huw
Campbell-Savours, DaleEfford, Clive
Cann, JamieEnnis, Jeff
Caplin, IvorFearn, Ronnie
Casale, RogerField, Rt Hon Frank
Caton, MartinFitzsimons, Lorna
Cawsey, IanFoster, Rt Hon Derek
Chapman, Ben (Wirral S)Foster, Don (Bath)

Foster, Michael Jabez (Hastings)Levitt, Tom
Galloway, GeorgeLewis, Ivan (Bury S)
Gapes, MikeLewis, Terry (Worsley)
Gardiner, BarryLinton, Martin
George, Bruce(Walsall S)Livingstone, Ken
Gerrard, NeilLloyd, Tony (Manchester C)
Gibson, Dr IanLlwyd, Elfyn
Gilroy, Mrs LindaLock, David
Godsiff, RogerLove, Andrew
Goggins, PaulMcAvoy, Thomas
Golding, Mrs LlinMcCartney, Rt Hon Ian
Gordon, Mrs Eileen

(Makerfield)

Griffiths, Jane (Reading E)McDonagh, Siobhain
Griffiths, Nigel (Edinburgh S)McDonnell, John
Griffiths, Win (Bridgend)McFall, John
Grocott, BruceMcIsaac, Shona
Gunnell, JohnMcKenna, Mrs Rosemary
Hall, Mike (Weaver Vale)Mackinlay, Andrew
Hall, Patrick (Bedford)MacShane, Denis
Harman, Rt Hon Ms HarrietMactaggart, Fiona
Harris, Dr EvanMcWalter, Tony
Harvey, NickMahon, Mrs Alice
Heal, Mrs SylviaMallaber, Judy
Healey, JohnMandelson, Rt Hon Peter
Health, David (Somerton & Frome)Marsden, Gordon (Blackpool S)
Henderson, Doug (Newcastle N)Marsden, Paul (Shrewsbury)
Henderson, Ivan (Harwich)Marshall, David (Shettleston)
Hepburn, StephenMarshall-Andrews, Robert
Heppell, JohnMartlew, Eric
Hesford, StephenMaxton, John
Hewitt, Ms PatriciaMeacher, Rt Hon Michael
Hinchliffe, DavidMeale, Alan
Hodge, Ms MargaretMerron, Gillian
Hood, JimmyMichie, Bill (Shef'ld Heeley)
Hoon, GeoffreyMilburn, Rt Hon Alan
Hope, PhilMiller, Andrew
Hopkins, KelvinMoffatt, Laura
Howarth, Alan (Newport E)Moonie, Dr Lewis
Howarth, George (Knowsley N)Moran, Ms Margaret
Howells, Dr KimMorley, Elliot
Hoyle, LindsayMorris, Ms Estelle (B'ham Yardley)
Humble, Mrs JoanMountford, Kali
Hurst, AlanMudie, George
Hutton, JohnMullin, Chris
Iddon, Dr BrainMurphy, Denis (Wansbeck)
Illsley, EricMurphy, Rt Hon Paul (Torfaen)
Ingram, Rt Hon AdamNaysmith, Dr Doug
Jackson, Ms Glenda (Hampstead)Oaten, Mark
Jackson, Helen (Hillsborough)O'Brein, Bill (Normanton)
Jamieson, DavidO'Neill, Martin
Jenkins, BrainÖpik, Lembit
Johnson, Alan (Hull W & Hessle)Palmer, Dr Nick
Johnson, Miss MelaniePearson, Ian

(Welwyn Hatfield)

Pendry, Tom
Jones, Barry (Alyn & Deeside)Pertham, Ms Linda
Jones, Helen (Warrington N)Pickthall, Colin
Jones, Dr Lynne (Selly Oak)Pike, Peter L
Jones, Martyn (Clwyd S)Plaskitt, James
Jowell, Rt Hon Ms TessaPollard, Kerry
Keen, Alan (Feltham & Heston)Pond, Chris
Keen, Ann (Brentford & Isleworth)Pope, Greg
Keetch, PaulPound, Stephen
Kelly, Ms RuthPowell, Sir Raymond
Kemp, FraserPrentice, Ms Bridget (Lewisham E)
Kennedy, Jane (Wavertree)Prentice, Gordon (Pendle)
Kidney, DavidPrescott, Rt Hon John
Kilfoyle, PeterPrimarolo, Dawn
King, Andy (Rugby & Kenilworth)Purchase, Ken
King, Ms Oona (Bethnal Green)Quin, Rt Hon Ms Joyce
Kirkwood, ArchyQuinn, Lawrie
Kumar, Dr AshokRadice, Giles
Ladyman, Dr StephenReed, Andrew (Loughborough)
Lawrence, Ms JackieReid, Rt Hon Dr John (Hamilton N)
Laxton, BobRendel, David
Lepper, DavidRoche, Mrs Barbara
Leslie, ChristopherRoss, Ernie (Dundee W)

Rowlands, TedTemple-Morris, Peter
Roy, FrankThomas, Gareth (Clwyd W)
Ruddock, JoanThomas, Gareth R (Harrow W)
Russell, Bob (Colchester)Timms, Stephen
Ryan, Ms JoanTipping, Paddy
Salter, MartinTrickett, Jon
Sarwar, MohammadTurner, Dennis (Wolverh'ton SE)
Savidge, MalcolmTurner, Dr Desmond (Kemptown)
Sedgemore, BrianTurner, Dr George (NW Norfolk)
Shaw, JonathanTwigg, Derek (Halton)
Sheldon, Rt Hon RobertTwigg, Stephen (Enfield)
Shipley, Ms DebraTyler, Paul
Simpson, Alan (Nottingham S)Walley, Ms Joan
Singh, MarshaWard, Ms Claire
Smith, Rt Hon Andrew (Oxford E)Wareing, Robert N
Smith, Angela (Basildon)Webb, Steve
Smith, Jacqui (Redditch)Whitehead, Dr Alan
Soley, CliveWicks, Malcolm
Spellar, JohnWilliams, Rt Hon Alan
Squire, Ms Rachel

(Swansea W)

Steinberg, GerryWilliams, Alan W (E Carmarthen)
Stevenson, GeorgeWilliams, Mrs Betty (Convey)
Stott, RogerWillis, Phil
Strang, Rt Hon Dr GavinWills, Michael
Stringer, GrahamWinnick, David
Stuart, Ms GiselaWise, Audrey
Stunell, AndrewWood, Mike
Sutcliffe, GerryWright, Anthony D (Gt Yarmouth)
Taylor, Rt Hon Mrs Ann

(Dewsbury)

Tellers for the Noes:

Taylor, Ms Dart (Stockton S)

Mr. Keith Hill and

Taylor, Matthew (Truro)

Mr. Kevin Hughes.

Question accordingly negatived.

Question put, That the clause stand part of the Bill.

The Committee divided: Ayes 305, Noes 127.

Division No.157]

[10.26 pm

AYES

Adams, Mrs Irene (Paisley N)Burgon, Colin
Ainsworth, Robert(Cov'try NE)Burnett, John
Allan, RichardButler, Mrs Christine
Allen, GrahamCable, Dr Vincent
Anderson, Donald (Swansea E)Campbell, Alan (Tynemouth)
Anderson, Janet (Rossendale)Campbell, Mrs Anne (C'bridge)
Armstrong, Rt Hon Ms HilaryCampbell, Rt Hon Menzies
Ashdown, Rt Hon Paddy

(NE Fife)

Ashton, JoeCampbell, Ronnie (Blyth V)
Atkins, CharlotteCampbell-Savours, Dale
Austin, JohnCann, Jamie
Ballard, JackieCaplin, Ivor
Barnes, HarryCasale, Roger
Battle, JohnCaton, Martin
Beard, NigelCawsey, Ian
Beckett, Rt Hon Mrs MargaretChapman, Ben (Wirral S)
Begg, Miss AnneChaytor, David
Bell, Stuart(Middlesbrough)Chidgey, David
Benn, Rt Hon TonyClapham, Michael
Bennett, Andrew FClark, Rt Hon Dr David (S Shields)
Benton, JoeClark, Paul (Gillingham)
Bermingham, GeraldClarke, Eric (Midlothain)
Best, HaroldClarke, Rt Hon Tom (Coatbridge)
Betts, CliveClarke, Tony (Northampton S)
Blears, Ms HazelClelland, David
Blizzard, BobCohen, Harry
Boateng, PaulColeman, Iain
Borrow, DavidConnarty, Michael
Bradley, Keith (Withington)Corbett, Robin
Bradley, Peter (The Wrekin)Corbyn, Jeremy
Bradshaw, BenCorston, Ms Jean
Breed, ColinCotter, Brain
Brinton, Mrs HelenCousins, Jim
Buck, Ms KarenCrausby, David

Cryer, John (Hornchurch)Hutton, John
Cummings, JohnIddon, Dr Brain
Cunningham, Rt Hon Dr JackIllsley, Eric

(Copeland)

Ingram, Rt Hon Adam
Cunningham, Jim (Cov'try S)Jackson, Ms Glenda (Hampstead)
Curtis-Thomas, Mrs ClaireJackson, Helen (Hillsborough)
Dalyell, TamJamieson, David
Darvill, KeithJenkins, Brian
Davey, Edward (Kingston)Johnson, Alan (Hull W & Hessle)
Davey, Valerie(Bristol W)Johnson, Miss Melanie
Davidson, Ian

(Welwyn Hatfield)

Davies, Rt Hon Denzil (Llanelli)Jones, Barry (Alyn & Deeside)
Davies, Geraint (Croydon C)Jones, Helen (Warrington N)
Dawson, HiltonJones, Dr Lynne (Selly Oak)
Dean, Ms JanetJones, Martyn (Clwyd S)
Dismore, AndrewJowell, Rt Hon Ms Tessa
Dobbin, JimKeen, Alan (Feltham & Heston)
Dobson, Rt Hon FrankKeen, Ann (Brentford & Isleworth)
Donohoe, Brain HKeetch, Paul
Doran, FrankKelly, Ms Ruth
Dowd, JimKemp, Fraser
Drown, Ms JuliaKennedy, Jane (Wavertree)
Dunwoody, Mrs GwynethKidney, David
Eagle, Angela (Wallasey)Kilfoyle, Peter
Eagle, Maria(L'Pool Garston)King, Andy (Rugby & Kenilworth)
Edwards, HuwKing, Ms Oona (Bethnal Green)
Efford, CliveKirkwood, Archy
Ennis, JeffKumar, Dr Ashok
Fearn, RonnieLadyman, Dr Stephen
Field, Rt Hon FrankLawrence, Ms Jackie
Fitzsimons, LornaLaxton, Bob
Foster, Rt Hon DerekLepper, David
Foster, Don (Bath)Leslie, Christopher
Foster, Michael Jabez (Hastings)Levitt, Tom
Galloway, GeorgeLewis, Ivan (Bury S)
Gapes, MikeLewis, Terry (Worsley)
Gardiner, BarryLinton, Martin
George, Bruce (Walsall S)Livingstone, Ken
Gerrard, NeilLloyd, Tony (Manchester C)
Gibson, Dr IanLlwyd, Elfyn
Gilroy, Mrs LindaLock, David
Godsiff, RogerLove, Andrew
Goggins, PaulMcAvoy, Thomas
Golding, Mrs LlinMcCartney, Rt Hon Ian
Gordon, Mrs Eileen

(Makerfield)

Griffiths, Jane (Reading E)McDonagh, Siobhain
Griffiths, Nigel (Edinburgh S)McDonnell, John
Griffiths, Win (Bridgend)McFall, John
Grocott, BruceMcIsaac, Shona
Gunnell, JohnMcKenna, Mrs Rosemary
Hall, Mike (Weaver Vale)Mackinlay, Andrew
Hall, Patrick (Bedford)MacShane, Denis
Harman, Rt Hon Ms HarrietMactaggart, Fiona
Harris, Dr EvanMcWalter, Tony
Harvey, NickMahon, Mrs Alice
Heal, Mrs SylviaMallaber, Judy
Healey, JohnMandelson, Rt Hon Peter
Heath, David (Somerton & Frome)Marsden, Gordon (Blackpool S)
Henderson, Doug (Newcastle N)Marsden, Paul (Shrewsbury)
Henderson, Ivan (Harwich)Marshall, David (Shettleston)
Hepburn, StephenMarshall-Andrews, Robert
Heppell, JohnMartlew, Eric
Hesford, StephenMaxton, John
Hewitt, Ms PatriciaMeacher, Rt Hon Michael
Hinchliffe, DavidMeale, Alan
Hodge, Ms MargaretMerron, Gillian
Hood, JimmyMichie, Bill (Shef'ld Heeley)
Hoon, GeoffreyMilburn, Rt Hon Alan
Hope, PhilMiller, Andrew
Hopkins, KelvinMoffatt, Laura
Howarth, Alan (Newport E)Moonie, Dr Lewis
Howells, Dr KimMorley, Elliot
Hoyle, LindsayMorris, Ms Estelle (B'ham Yardley)
Humble, Mrs JoanMountford, Kali
Hurst, AlanMudie, George

Mullin, ChrisSmith, Jacqui (Redditch)
Murphy, Denis (Wansbeck)Soley, Clive
Murphy, Rt Hon Paul (Torfaen)Spellar, John
Naysmith, Dr DougSquire, Ms Rachel
Oaten, MarkSteinberg, Gerry
O'Brien, Bill (Normanton)Stevenson, George
O'Neill, MartinStott, Roger
Öpik, LembitStrang, Rt Hon Dr Gavin
Palmer, Dr NickStringer, Graham
Pearson, IanStuart, Ms Gisela
Pendry, TomStunell, Andrew
Perham, Ms LindaSutcliffe, Gerry
Pickthall, ColinTaylor, Rt Hon Mrs Ann
Pike, Peter L

(Dewsbury)

Plaskitt, JamesTaylor, Ms Dari (Stockton S)
Pollard, KerryTaylor, Matthew (Truro)
Pond, ChrisTemple-Morris, Peter
Pope, GregThomas, Gareth (Clwyd W)
Pound, StephenThomas, Gareth R (Harrow W)
Powell, Sir RaymondTimms, Stephen
Prentice, Ms Bridget (Lewisham E)Tipping, Paddy
Prentice, Gordon (Pendle)Trickett, Jon
Prescott, Rt Hon JohnTurner, Dennis (Wolverh'ton SE)
Primarolo, DawnTurner, Dr Desmond (Kemptown)
Purchase, KenTurner, Dr George (NW Norfolk)
Quin, Rt Hon Ms JoyceTwigg, Derek (Halton)
Quinn, LawrieTwigg, Stephen (Enfield)
Radice, GilesTyler, Paul
Reed, Andrew(Loughborough)Vaz, Keith
Reid, Rt Hon Dr John (Hamilton N)Walley, Ms Joan
Rendel, DavidWard, Ms Claire
Roche, Mrs BarbaraWareing, Robert N
Ross, Ernie (Dundee W)Whitehead, Dr Alan
Rowlands, TedWicks, Malcolm
Roy, FrankWilliams, Rt Hon Alan
Ruddock, Joan

(Swansea W)

Russell, Bob (Colchester)Williams, Alan W (E Carmarthen)
Ryan, Ms JoanWilliams, Mrs Betty (Conwy)
Salter, MartinWillis, Phil
Savidge, MalcolmWills, Michael
Sedgemore, BrianWinnick, David
Shaw, JonathanWise, Audrey
Shipley, Ms DebraWood, Mike
Simpson, Alan (Nottingham S)Wright, Anthony D (Gt Yarmouth)
Singh, Marsha

Tellers for the Ayes:

Smith, Rt Hon Andrew (Oxford E)

Mr. Keith Hill and

Smith, Angela (Basildon)

Mr. Kevin Hughes.

NOES

Amess, DavidCash, William
Ancram, Rt Hon MichaelChope, Christopher
Arbuthnot, Rt Hon JamesClappison, James
Atkinson, Peter(Hexham)Clark, Dr Michael(Rayleigh)
Baldry, TonyClarke, Rt Hon Kenneth
Beggs, Roy

(Rushcliffe)

Bercow, JohnClifton-Brown,Geoffrey
Beresford, Sir PaulCollins, Tim
Bottomley, Rt Hon Mrs VirginiaCormack, Sir Patrick
Brady, GrahamCran, James
Brazier, JulianDavies, Quentin (Grantham)
Browning, Mrs AngelaDavis, Rt Hon David (Haltemprice
Bruce, Ian (S Dorset)& Howden)
Burns, SimonDonaldson, Jeffery

Dorrell, Rt Hon StephenMaude, Rt Hon Francis
Duncan, AlanMawhinney, Rt Hon sir Brian
Duncan Smith, IainMay, Mrs Theresa
Emery, Rt Hon Sir PeterMoss, Malcolm
Evans, NigelNicholls, Patrick
Fabricant, MichaelNorman, Archie
Fallon, MichaelOttaway, Richard
Flight, HowardPaice, James
Forsythe, CliffordPaterson, Owen
Forth, Rt Hon EricPickles, Eric
Fraser, ChristopherPrior, David
Gale, RogerRandall, John
Garnier, EdwardRedwood, Rt Hon John
Gibb, NickRobertson, Laurence (Tewk'b'ry)
Gill, ChristopherRoe, Mrs Marion (Broxbourne)
Gorman, Mrs TeresaRoss, William (E Lond'y)
Gray, JamesRuffley, David
Green, DamianSt Aubyn, Nick
Greenway, JohnSayeed, Jonathan
Grieve, DominicShepherd, Richard
Gummer, Rt Hon JohnSimpson, Keith (Mid-Norfolk)
Hamilton, Rt Hon Sir ArchieSmyth, Rev Martin (Belfast S)
Hammond, PhilipSoames, Nicholas
Hawkins, NickSpicer, Sir Michael
Hayes, JohnSpring, Richard
Heald, OliverStanley, Rt Hon Sir John
Heathcoat-Amory, Rt Hon DavidSteen, Anthony
Heseltine, Rt Hon MichaelStreeter, Gary
Hogg, Rt Hon DouglasSwayne, Desmond
Horam, JohnSyms, Robert
Howard, Rt Hon MichaelTapsell, Sir Peter
Howarth, Gerald (Aldershot)Taylor, John M (Solihull)
Jack, Rt Hon MichaelTaylor, Sir Teddy
Jackson, Robert (Wantage)Thompson, William
Jenkin, BernardTrend, Michael
Key, RobertViggers, Peter
Kirkbride, Miss JulieWalter, Robert
Laing, Mrs EleanorWardle, Charles
Lait, Mrs JacquiWaterson, Nigel
Lansley, AndrewWhitney, Sir Raymond
Leigh, EdwardWhittingdale, John
Letwin, OliverWilkinson, John
Lewis, Dr Julian (New Forest E)Willetts, David
Lilley, Rt Hon PeterWinterton, Mrs Ann (Congleton
Lloyd, Rt Hon Sir Peter (Fareham)Winterton, Nicholas (Macclesfield)
Lyell, Rt Hon Sir NicholasWoodward, Shaun
MacGregor, Rt Hon JohnYeo, Tim
McIntosh, Miss AnneYoung, Rt Hon Sir George
MacKay, Rt Hon Andrew
McLoughlin, Patrick

Tellers for the Noes:

Maples, John

Mrs. Caroline Spelman and

Mates, Michael

Sir David Madel.

Question accordingly agreed to.

Clause 99 ordered to stand part of the Bill.

Bill (Clauses 2, 28 and 99) reported, without amendment; to lie upon the Table.

Ordered,

That, during the proceedings on the Finance Bill, the Standing Committee on the Bill shall have leave to sit twice on the first day on which it shall meet.— [Mr. Robert Ainsworth.]

Delegated Legislation

With permission, I shall put together the motions relating to delegated legislation.

Education

Ordered,

That the Education (Budget Statements and Supplementary Provisions) Regulations 1999 be referred to a Standing Committee on Delegated Legislation.
That the Education (Education Standards Etc. Grants) (England) Regulations 1999 be referred to a Standing Committee on Delegated Legislation.
That the Education (School Organisation Committees) (England) Regulations 1999 be referred to a Standing Committee on Delegated Legislation.
That the Education (School Organisation Plans) (England) Regulations 1999 be referred to a Standing Committee on Delegated Legislation.
That the Education (Transition to New Framework) (School Organisation Proposals) Regulations 1999 be referred to a Standing Committee on Delegated Legislation.—[Mr. Robert Ainsworth.]

Rail Freight Noise

Motion made, and Question proposed, That this House do now adjourn.—[Mr. Robert Ainsworth.]

10.41 pm

I am grateful for the opportunity to raise a matter of considerable importance to many of my constituents and to many other people throughout the country. I am glad to see the Under-Secretary of State for the Environment, Transport and the Regions, the hon. Member for Hampstead and Highgate (Ms Jackson), in the Chamber at this hour. I have always found her to be courteous and helpful in previous exchanges in the House. In her previous profession, the B-movie probably preceded the main business in the cinema but, on this occasion, the B-movie is coming after the main business considered by the House. None the less, although it may be a B-movie for those hon. Members who are leaving the Chamber, it is a matter of the greatest concern to many people.

My interest in raising this matter lies in the fact that I am strongly in favour of the movement of freight by rail. It is of great environmental benefit. I have a non-pecuniary interest in that I am co-chairman of the all-party rail freight group. I hope that that demonstrates my credentials as someone who is pleased to see the success of the rail freight industry. I am pleased about the enormous growth in rail freight that has taken place since the privatisation of the railways. That is most welcome.

In the short time available for the debate, I shall concentrate on some slightly more negative points connected with rail freight, but I hope that, in doing so, I shall address them constructively. Only if proper attention is paid to the environmental difficulties that can be caused by rail freight for those who live closest to rail freight facilities can the necessary expansion of rail freight take place in a way that will benefit our country and bring overall benefits to the environment. There can be enormous environmental dividends, but only if the industry is fair to its neighbours.

I have stated my own broad support for the expansion of rail freight, but, in raising the real and reasonable concerns of hundreds of families in my constituency who are affected by problems of noise and vibration from such freight movements, I am especially keen to acquit them of the charge of nimbyism. I allude to the particular problem caused by the transport, daily, of large quantities of limestone from quarries in Buxton to the Brunner Mond chemical plant in Northwich. I note that the hon. Member for Weaver Vale (Mr. Hall) is in the Chamber, although I am not sure in which capacity. I presume that he is here because of his constituency interest in the matter.

Freight from Buxton flows, by a slightly odd circuitous route, through the constituencies of Hazel Grove; Altrincham and Sale, West; Tatton; and Weaver Vale. I have had cause to be grateful to my parliamentary neighbour the hon. Member for Tatton (Mr. Bell) for his support and assistance.

This evening, I am pleased to have the coincidental support of the Environment, Transport and Regional Affairs Select Committee, which today published its report on the integrated transport White Paper. I am sure that the Minister will have been reading the report all day and that she will be familiar with its contents. She will have noted that paragraph 164 states:
"Despite the wider environmental benefits of an increase in rail freight, there are likely to be disadvantages, in some cases severe, for people living close to railway lines. It will be necessary, therefore, for improvements in rolling stock and track technology to be exploited to the full in order to minimise the noise and other environmental impacts generated by freight trains."
It is a coincidence that that report has been published on the same day as my Adjournment debate takes place, but I am pleased to have the Committee's clear support. We need to accept that a balance must be struck between the overall environmental benefits of carrying freight by rail and the severe difficulties that can be suffered by those who live closest to rail freight facilities.

As I said, I am keen to acquit my constituents of any charge of nimbyism because the flow of freight has gone on for decades. The railway line in question runs adjacent to the playing field of my old school, and I remember watching the wagons of long trains pass during the day. However, the flow of trains laden with limestone continues at night, and that became a significant problem towards the end of 1997, when the wagons were replaced.

On 10 February 1998, the freight operator, English, Welsh and Scottish Railways, sent a constituent of mine a letter which stated:
"The way the wagon is made and its running characteristics does induce more noise and vibration".
It is clear and it is accepted by all the parties involved—by Brunner Mond, the customer, EWS, the carrier, and Railtrack, the operator of the track infrastructure—that the problem is a relatively new one. Although everyone accepts that the provision of limestone to the Brunner Mond plant is essential to the conduct of its business, all the parties to the affair recognise that there has been an increase in the noise and vibration nuisance generated by that necessary flow of freight.

It is important to recognise that, in densely populated residential areas—such as Timperley and Hale in my constituency, where the railway lines runs very near to some residential properties—it is only acceptable for freight flows to continue if maximum efforts are made to mitigate the environmental nuisance that they cause. Although I accept that none of the companies involved has acted deliberately, in the case that I describe, far from being mitigated, the environmental nuisance has been increased unnecessarily by a change in the technology employed.

As I said, the problem affects hundreds of families in my constituency, and I shall allude to a few of them. Mr. Wilson wrote to me to say that he is
"woken at 5 in the morning to vibrations which make my whole house shake".
He adds that the vibrations must register five on the Richter scale, which might be a slight exaggeration, but I am sure that, in the small hours, the vibrations feel all too real to sufferers. Mr. Carr, who has lived in the area for three and a half years, wrote to me saying that, although the 4 am train used to pass virtually unnoticed,
"Last night four trains came by between 4 and 6.30 am."

These people have been woken repeatedly, night after night, in the small hours. They are suffering a real loss in their standard of living and are very concerned about potential damage to their properties.

I should note at this point that Railtrack has attempted to help by commissioning some studies of the vibration levels involved. Preliminary reports suggest that the level of vibration, although clearly noticeable to those who live near the railway line, is not sufficient to cause structural damage to properties. That may be so, but it is definitely sufficient to cause major disruption to the lives of many of my constituents. They are losing sleep and remain concerned about structural damage to their houses. The problem must be tackled even if their properties are not in immediate danger.

Steps are being taken to improve the situation. The Minister will be aware that this is the third time that I have raised the matter in the House. I previously asked questions of Ministers at the relevant times and this is my first Adjournment debate on the subject. I have also written to Ministers outlining my concerns and those of my constituents. The responses have always been helpful, but ministerial replies have improved in recent months as there is increasing recognition that this is a real problem that must be addressed. In her letter to me of 8 April 1998, the Minister wrote:
"Such is the demand for railfreight wagons, due to the increased carriage of goods by rail, that in this case the customer was not able to hire quieter wagons. EWS can only run trains to meet the requirements of their customers and at times when Railtrack can allocate train paths so, as in this case, freight trains tend to operate through the night, leaving the tracks free during the day for passenger traffic."
The Minister makes a perfectly reasonable observation, but the tone of her letter fails to acknowledge the real difficulties that people face in their daily lives. I am pleased to see appreciation of this problem increasing. A representative of EWS also wrote to me on 8 April 1998 and that letter contains the simple statement:
"At present I don't believe there are any further steps we can take to improve the situation".
However, there have been a considerable number of suggestions about the way to proceed.

My purpose in initiating this debate is to try to focus on what can be done practically to help my constituents and those of neighbouring Members of Parliament who are suffering as a result of this problem. The tone of the responses from Railtrack, Brunner Mond and EWS is always helpful. They make it clear that they are exploring ways of ameliorating the problem—for example, they are considering altering the speed of the trains, which may improve the situation. I am told that they are investigating the possibility of improving the track with continually welded sections, which may reduce the noise and vibration. I also understand that Brunner Mond, with the support of EWS, has applied to the Department of the Environment, Transport and the Regions for a freight facilities grant in the hope that the design of its wagons can be improved and the company can introduce a "track friendly" wagon—to use its phrase.

I know that the DETR is considering this matter, and I do not expect the Minister to give me an answer about the freight facilities grant tonight. I would like to impress on her, however, that, although this problem is of immediate concern only to a few hundred families in my constituency—more widely, perhaps, it concerns a few thousand families—it has a much wider impact because rail freight is rapidly expanding. As I have said, I welcome that and I believe that it can bring environmental benefits, but Ministers should now understand and accept that that expansion should continue only where it mitigates environmental problems for neighbouring residents.

The Department must help my constituents not only because it is right to help those who are suffering an unnecessary burden of nuisance and distress that has, for no good reason, increased in the past couple of years, but because this is a matter of public policy. If we are to achieve the ends that both the Minister and I desire, the problem must be tackled now, and it is only by recognising its wider implications that the future of the rail freight industry can be secured.

I ask the Minister and her colleagues to continue to work with the parties, as the Department has done at various times in the past few months, towards early mitigation of the problem. It has been suggested that, if we get a freight facilities grant, there might be improvements in rolling stock on that line early in 2000. That would be welcome, but my constituents cannot tolerate a deadline that constantly shifts backwards. It is essential that the Minister investigates the problem immediately and continues to be involved in pressing the parties to find a solution as quickly as possible.

I am not alone in having expressed these concerns. My hon. Friend the Member for Guildford (Mr. St. Aubyn), who is present, secured his own Adjournment debate on the problems of his constituents a few months ago. Only by dealing with those problems can we achieve the environmental outcomes that we all desire.

I am sure that the Minister understands the importance of improving the quality of life of my constituents, and that she will want to achieve that improvement. I hope that she will also recognise the wider public policy consideration that the problem must be solved in the interests of striking a fair balance between the rail freight industry and those who live next to it, so that we can make progress towards a sound environmental outcome. I look forward to hearing what I hope will be words of comfort from the Minister.

10.58 pm

The Parliamentary Under-Secretary of State for the Environment, Transport and the Regions
(Ms Glenda Jackson)

I congratulate the hon. Member for Altrincham and Sale, West (Mr. Brady) on securing this debate. Not only are the issues important to his constituents but, as he rightly said, they have a much wider importance. Constituency concerns, however, are always the main feature of these debates, whatever the hour of showing. My hon. Friend the Member for Weaver Vale (Mr. Hall) has been active on behalf of his constituents in attempting to secure a solution to this problem.

I am delighted to hear that the hon. Gentleman shares the Government's wish to encourage the movement of more freight by rail. It is a key part of our integrated transport strategy, and we have taken a number of initiatives in support of this policy. Indeed, after coming into office, we took immediate steps by improving the freight facilities grants scheme: cutting the red tape and doubling the grant spent in our first year.

Over the past two years, grants totalling £60 million have been awarded, and we have made it clear in our White Paper that more funds will be available over the next three years, if the demand is there.

At the national level, we shall also look to the Strategic Rail Authority to promote transport of freight by rail, establish rail freight targets and ensure that the network has sufficient capacity for freight as well as for the growth in passenger movements.

To establish the local context, we are in the process of revising our planning guidance to promote rail freight options, by introducing the expectation that local authorities will consider and protect opportunities for rail connections to industrial sites.

All that provides evidence of our long-term commitment to rail freight. We are delighted—as is the hon. Member for Altrincham and Sale, West—by the 12 per cent. growth in freight tonne kilometres on the railways during 1997-98, and by the continuation of that growth into the last financial year. We welcome its contribution to easing congestion on our roads, and the overall environmental benefits of less air pollution. Yet I appreciate that, for those who live close to a railway line, the noise from trains can affect the quality of everyday life. We may become accustomed to trains rumbling in the background during the day, but train movements during the night can be especially disruptive. Moreover, freight trains tend to operate during night hours, when the lines are not in use by passenger trains.

The statutory position is that householders affected by noise from new railway lines or where an existing railway is widened by laying additional track are entitled to noise compensation and amelioration measures. The same provision applies. However, there is no provision for compensation or abatement measures when use of a railway line intensifies.

Train operators and Railtrack are subject to the statutory nuisance provisions of the Environmental Protection Act 1990, which are in enforced by district councils. Under section 79 of that Act, it is the duty of district councils upon an occasion to inspect their areas to detect any statutory nuisances, and to take such steps as are reasonably practicable to investigate any complaint made by a local resident.

Section 80 of the 1990 Act provides for the serving of abatement notices where a local authority is satisfied that a statutory nuisance exists, or is likely to occur or recur. Section 122 of the Railways Act 1993 provides the railway companies with some defence where they are working as a statutory authority, but it is not an open-ended defence. It would be up to the local authority to convince a court that the noise generated was greater than might be reasonably thought necessary in order for the companies to carry out their statutory functions.

Having set out the policy and legal framework, I turn to some of the specifics of the case to which the hon. Member for Altrincham and Sale, West has referred, which are particular to his constituency. I am advised that, in January 1998, for safety reasons, Brunner Mond had to replace the rail wagons that it was using to transport limestone from Buxton to Northwich. The company changed from four-axle to two-axle wagons. At the same time, the rail freight operator, English, Welsh and Scottish Railway, introduced a single class 60 locomotive in place of the two class 37 locomotives previously used on that service—thus reducing the locomotive weight by 85 tonnes.

As the hon. Gentleman has said tonight, since those rolling stock changes, complaints regarding noise and vibration have increased. Those complaints centre on the early morning full train and the apparent increase in noise from the two-axle wagons, which are more prone to vibration than the four-axle version. I understand that there have been discussions about the problems between Brunner Mond, EWS and Railtrack since early last year. The first solutions discussed were those of re-routing or re-timing the trains. However, the lack of an alternative route and the heavy use of the route by passenger services during daytime hours meant that those were not practicable solutions.

I understand that another possible solution, to replace the wagons, is now the favoured option. New wagons are part of a wider strategy of investment in the Brunner Mond rail operation, which will also involve improvement of the loading and unloading facilities at either end of the route.

The upgrading proposal is the subject of an application for freight facilities grant, which I know is supported by my hon. Friend the Member for Weaver Vale and which is currently being considered by officials in my Department's freight grant unit. I shall endeavour to keep both the hon. Gentleman and my hon. Friend advised of progress.

I understand that EWS and Railtrack have acted earnestly throughout: playing their part in assessing the size of the problem, engaging constructively in discussions about long-term solutions; and suggesting the short-term measures to improve the situation.

I also understand that Railtrack, following discussion with local authorities along the route, engaged an independent contractor to undertake a vibration survey inside a residential property in Hale, another point referred to by the hon. Gentleman. The property was selected on the basis of it being 10m from a section of jointed track, near a crossover and level crossing, in an area where trains accelerate and decelerate.

Although the incidences of freight trains passing during the 24-hour test period were said by residents to be typical, they indicated that there had been previous instances of greater vibration from the worst trains. However, Railtrack and its consultants concluded that the measured vibration levels were so low that even the worst trains were unlikely to have given rise to cosmetic building damage, although vibration, even at this low level, would be perceptible to residents. The local authorities have also undertaken such vibration monitoring and their conclusions were in line with those of Railtrack.

I understand that EWS has agreed to the placing of a four-axle wagon in the middle of the existing two-axle wagon formation to ascertain whether this might decrease the vibration between wagons and therefore reduce the noise and vibration overall. I am also advised that EWS has agreed to consider running a test service composed of wagons comparable to those which it is proposed to introduce next year. If the company proceeds with this service, vibration will be monitored along the route.

In conclusion, perhaps I should refer to the final option for the Brunner Mond traffic: that is to transport the limestone by road. I have no doubt that we can all agree that such a move, which would add 72,000 lorry movements each year to the already congested roads of the area and cause considerable more air and noise pollution, would be entirely undesirable. I hope, instead, that Brunner Mond, EWS and Railtrack can between them bring about interim measures and long-term solutions to reduce the nuisance caused to the hon. Gentleman's constituents and those of my hon. Friend the Member for Weaver Vale. I have little doubt that they will both continue to ensure that my Department addresses these issues.

Question put and agreed to.

Adjourned accordingly at eight minutes past Eleven o'clock.