Finance (No.2) Bill


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John Healey: Let me respond to the hon. Member for Wycombe (Mr. Goodman). I know Mr. Patel. I met him before the Budget and wished him well. He has recently taken over as chair of the Tobacco Alliance, and I discussed with him the Government’s interest in working with him and his network of small retailers to see how we can improve the public information that warns people about the dangers of counterfeit cigarettes and smuggled tobacco. Having published the Budget, we will do that work jointly with his organisation. As the hon. Gentleman said, small shopkeepers such as Mr. Patel are concerned, because cigarettes and tobacco bring into their shops people who then buy other things—the footfall, as Mr. Patel puts it. That trade is affected by the availability of illegal, smuggled tobacco. One of our principal reasons for giving such priority to the anti-smuggling strategy is that legitimate, honest businesses are undermined by the bootleggers and smugglers who make available cut-price cigarettes and tobacco.
Small retailers also face a number of other trends, not least the increasing range of retail products available at garages, and the patterns of shopping that, increasingly, take people to supermarkets and out-of-town centres, rather than to their local high streets and corner shops.
Mr. Goodman: The hon. Gentleman is right. However, I just want to be sure that he acceptsMr. Patel’s key point, which is that there is a relationship between the rate of duty and smuggling.
John Healey: I shall come to that point. Thehon. Members for Ludlow and for Braintree(Mr. Newmark) both tried to probe the relationship between price—underpinned in part, but not entirely, by duty—patterns of smuggling and patterns of consumption. That is clearly complex, but I shall deal with it when I refer to the detailed modelling that the Government economic service has done.
In addition to the Tobacco Alliance, the hon. Member for Wycombe mentioned the Tobacco Manufacturers Association. We work closely with that organisation. Our analysis is that the illicit market trend is consistent, but the precise figures sometimes differ. The counterfeit figures—I am not sure whether they were the TMA’s—that the hon. Gentleman cited certainly differ, and we believe that the anti-fraud measures that we have put in place are making a great impact.
It is important to consider—as the hon. Gentleman encouraged us to do—the modest measure of retaining the real value of tobacco duty in clause 1 in the wider context of the anti-tobacco smuggling strategy, which we launched in 2000-01. Between then and 2003-04, we succeeded first in halting the rapid rise, then in stabilising it and then in beginning to reduce the illicit market. By 2003-04, the illicit market was still too big, but it was down to 16 per cent. Since the launch of the anti-tobacco smuggling strategy in March 2000, the number of cigarettes smuggled into this country each year has been reduced by more than 5 billion, and we have cut the illicit share of cigarettes by a quarter and protected almost £6 billion in revenue to the public purse. Without that action, and the investment that we have been prepared to put in, the illicit market would be not 16 per cent. but 36 per cent. We still have to do more to clamp down, because smuggling gangs change their tactics and their methods very rapidly. Part of what we have to do, and which we set out in the publication “New responses to new challenges: Reinforcing the Tackling Tobacco Smuggling Strategy”, published alongside the Budget, is to deal with the increasing levels of counterfeit cigarettes and the persistently high levels of smuggled hand-rolling tobacco.
Mr. Newmark: What analysis does the hon. Gentleman have that lies behind those projections, which show that the number would have been 36 per cent. as opposed to the 16 per cent.? What is the detailed analysis behind that differential?
John Healey: The hon. Gentleman brings me neatly to one of the documents that we published about18 months ago. I will send him a personal copy.
Dawn Primarolo: Signed.
John Healey: I am not sure that the hon. Gentleman wants me to do that. The publication is the most rigorous attempt to model and assess the often complex combination of inter-relationships in which the Committee is interested. It contains much of the information for which he and the hon. Members for Ludlow and for Wycombe have been asking. If the hon. Gentleman has time, I suggest that he study it.
The model’s main findings show that, with tobacco, we are close to the revenue maximisation point with cigarette duty. That means that any large real increase in duty rates would increase smuggling and start to reduce, not increase, revenues. Duty cuts wouldnot produce proportionate reductions in tobacco smuggling. Only a large cut in duty would be likely to have any significant impact on the behaviour of consumers and suppliers. The Government economic service tobacco model—this is the answer to one or two of the points that the hon. Gentleman has made—shows that a 1 per cent. real increase raises, in revenue terms, only about £5 million pounds.
Mr. Dunne: I am most interested in what the hon. Gentleman is saying. If possible, may I receive a copy of the document? Will he look back at the historic impact of the real increases in the past and explain how effective they were in raising revenue versus the increased smuggling?
John Healey: I shall be delighted to ensure that the hon. Gentleman receives a copy. If any other Committee members would like a copy, it is available through the Vote Office.
According to our calculations, a 4 per cent. increase in duty would increase smuggling by about 1 per cent. It would have a negligible impact on consumption. The assessment suggests that it would hit consumption by 0.2 per cent. only. It would increase revenue by only about £10 million pounds and that is the point at which we would reach the revenue maximisation point on cigarette duty.
Mr. Newmark: I very much appreciate the analysis that the Financial Secretary has explained. However, there is a slight contradiction, or perhaps, if he could clear it up for me, it is not a contradiction after all. He said that a 1 per cent. increase in duties would increase tax take by £5 million pounds. However, he also said that there is a point of diminishing returns; that one cannot keep increasing duties ad infinitum. I am curious about the analysis in that document. What is the actual tipping point? Are we there now or do we need to increase duties by another 2 to 3 per cent.? Clarification would be helpful on where that tipping point is and the point at which we meet those diminishing returns?
John Healey: I do not want to repeat myself. Perhaps the hon. Gentleman did not catch my words when I said that we are very close to the revenue maximisation point on cigarette duty at present? Were we to increase the duty on cigarettes by 4 per cent., we would raise only an extra £10 million or so. We believe that that is the level at which we would hit the revenue maximisation point.
In his intervention and his contribution, the hon. Gentleman argued that our smuggling problem is principally a product of the fact that our tobacco duty rate is high compared with that of our European Union counterparts. I do not really wish to refer him to other documents, but if I did he would see that the vast majority of illegal cigarettes are smuggled into the UK in freight from outside the European Union. No duty is paid on those cigarettes anywhere, let alone in the European Union, so to concentrate on the difference in duty between Britain and Belgium, Spain or France is to miss the point. It is misleading as a focus for analysis. I am not sure whether the hon. Gentleman advocates cutting the duty in the UK to a rate that is comparable with those that prevail in the rest of the world, but his Front Benchers might be interested in that proposition financially—because it would cost billions of pounds—and in terms of health, because it would lead to an increase in smoking.
11.30 am
Mr. Newmark: On a point of clarification, I would never make any suggestion that would contradict my Front Bench, or the aspirations of my fellow Opposition Members.
John Healey: I think that we have heard the first public job application from the hon. Gentleman. I wish him well in supporting all the positions that his Front Bench takes during the course of these proceedings. If he does not disagree with the hon. Member for Wycombe, he certainly does with the hon. Member for Ludlow. While he was arguing that rates should be lower, the hon. Member for Ludlow said that the price of cigarettes and the duty on them should be higher. There is clearly an interesting discussion taking place behind the hon. Member for Wycombe. All hon. Members will be interested in the fact that the UK has long maintained high levels of duty so as to keep prices relatively high in order to try to affect consumption. Other countries in Europe, such as France, Germany and Ireland, are beginning—both for public health reasons and for revenue reasons—to follow our lead.
As part of his contention that we should increase tobacco duty in real terms, the hon. Member for Ludlow is rightly concerned, as all hon. Members will be, to bring about further reductions in smoking in this country. It has been the policy of successive previous Administrations and this one to use duty rates to maintain high cigarette and tobacco prices. That has undoubtedly been a significant factor in the reduction in the number of smokers in the population, which has dropped from 35 per cent. in the early 1980s to some 25 per cent. now.
As the proportion of the population who smoke reduces, further gains are harder to achieve. While duty rates were never low—they were never the single club in the policy bag—a number of other measures are needed. That is why I mentioned in my opening remarks that, through the NHS, we are making a large investment in programmes to help people who want to quit smoking. Hon. Members will be aware that 70 per cent. of smokers say that they would like to quit. The cessation programmes that we have put in place through the NHS are important in that respect. Given our experience in Ireland and Scotland, we believe that the ban in smoking in public places is likely to have a further impact on the overall level of smoking in this country.
I welcome the support of the hon. Memberfor South-East Cornwall (Mr. Breed) for the Government’s policy of a comprehensive smoking ban in public places. I am not sure that his hon. Friend the Member for Twickenham (Dr. Cable), as the Liberal Democrats’ shadow Chancellor, will be quite so keen, but he will certainly be interested in his approach to tax harmonisation.
Let me end by saying that any members of the Committee who believe that there is merit in any of the four new clauses should have a word with me and I shall undertake to let them have copies of all the documents that we have published recently that cover the relevant territory. Hon. Members may take that as a promise or a threat, but I hope that it will help them to come to the right decision when we finally vote on the new clauses, not just on whether clause 1 should stand part of the Bill.
Mr. Goodman: As I explained earlier, the new clauses were primarily an attempt to elicit from the Financial Secretary an up-to-date summary of the effectiveness of tobacco duty. He has thoroughly outlined the Government’s thinking, particularly on the revenue maximisation point. It was useful to hear him explaining the Treasury’s position that there is a point beyond which, if the duty were raised, it would almost certainly not drive consumption down, but it would drive smuggling and counterfeiting up. He was also right to say that duties are only one club in the bag, albeit an important club, and to give us details.
We have been given two pointers. One is the point that was raised by the TMA that the Government might miss their smuggling target if present trends continue. The other relates to the Financial Secretary’s kind offer to shower us with documents. While, as I said earlier, the Government’s anti-smuggling strategy succeeded in reducing the revenue loss for two successive years from 2001, it rose again last year. I should be glad—goodness knows why I am exposing myself to more documents in this way—if the Financial Secretary would point me towards the sections of the document that explain clearly and straightforwardly why that occurred. We do not intend to oppose the proposed rise in duties and will not press the new clauses to a vote.
The Chairman: Order. The new clauses have not yet been moved. At the appropriate time, the hon. Gentleman may decide not to move them.
Question put and agreed to.
Clause 1 ordered to stand part of the Bill.

Clause 2

Tobacco products duty: evasion
Mr. Goodman: I beg to move amendment No. 10, in clause 2, page 2, line 13 [Vol I], after ‘who', insert
‘on a balance of probabilities'.
The Chairman: With this it will be convenient to discuss the following amendments:
No. 11, in clause 2, page 2, line 16 [Vol I], after ‘likely', insert
‘on a balance of probabilities'.
No. 12, in clause 2, page 2, line 28 [Vol I], after ‘subsection (1)', insert
‘unless that manufacturer has previously agreed a memorandum of understanding with Her Majesty's Revenue and Customs.'.
No. 13, in clause 2, page 2, line 30 [Vol I], at end insert
‘unless that manufacturer has previously agreed a memorandum of understanding with Her Majesty's Revenue and Customs.'.
No. 14, in clause 2, page 3, line 2 [Vol I], after ‘specified', insert ‘and reasonable'.
No. 15, in clause 2, page 3, line 28 [Vol I], after ‘may', insert
‘after seeking to establish the facts of the case with the manufacturer'.
No. 16, in clause 2, page 4, line 17 [Vol I], after ‘state', insert ‘fully'.
No. 17, in clause 2, page 4, line 27 [Vol I], at end insert
‘unless that manufacturer has previously agreed a memorandum of understanding with Her Majesty's Revenue and Customs.'.
No. 18, in clause 2, page 4, line 28 [Vol I], at end insert
‘unless that manufacturer has previously agreed a memorandum of understanding with Her Majesty's Revenue and Customs.'.
No. 19, in clause 2, page 4, line 46 [Vol I], leave out from ‘notice' to end of line 2 on page 5.
No. 20, in clause 2, page 5, line 4 [Vol I], leave out
‘(or are taken to have confirmed it)'.
No. 21, in clause 2, page 5, line 43 [Vol I], after ‘may', insert
‘after consulting the Commissioners, manufacturers and other interested parties'.
 
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