Official Report 312KB pdf
Agenda item 2 is the local government finance inquiry. Professor Arthur Midwinter is professor of politics at Strathclyde University. He has been unwell, so I am glad that he is at the meeting. I hope that you are feeling better, Professor Midwinter, and that you will feel as good at the end of the session as you feel at the beginning. You have been before the committee previously, so you know the drill. You may say something and the committee will then ask questions.
I am pleased to be giving evidence to the committee. I apologise for the weight of papers that I have submitted. I submitted an early draft, but as I was publishing research during the committee's inquiry, I submitted two other papers.
Thank you. I will kick off and then try to catch the eye of other members.
On the matter of police and fire services, the joint boards are not particularly conducive to accountability processes. As people are appointed to those boards by the authorities, how can the public hold the police authority to account? The system has taken us back 25 years. All the arguments about the need to get away from joint boards that were raised before the previous reorganisation were simply recreated during this reorganisation by the decision to introduce joint boards.
Are you suggesting that we should return to the old regional council system?
I thought that this was an inquiry on local government finance. If that was a serious proposal, I would not have any difficulty with it.
As someone who is fortunate enough to live in Fife, I am grateful for all the services that we retained there.
Not necessarily. I have not thought about or examined the matter in any great detail. However, although I am not advocating a national police force, I think that the idea merits consideration in the new situation. At one time, there were rumours afoot that we were going to move towards having three police authorities, in line with the water authorities. That was only two years ago. All I would say is that that is something that ought to be considered at some stage, given the problems with accountability in the current system.
Thank you for your evidence, which, as always, was interesting and thorough. I am glad to see you moving more and more in my direction.
I am staying in Falkirk; I am not moving to Stirling. [Laughter.]
I am interested in the fact that you now advocate the retention of business rates at the centre. You obviously advocate the current policy, because the Executive recently took advantage of the opportunity to set a higher business rate than that levied down south—we have moved away from the United Kingdom uniform business rate. I had not considered that; the reason that I did not want to return the business rate to the councils was that I thought that they might use it as a means of increasing revenue.
I appreciate your remarks about the business rate.
What is the total gross revenue budget for 2001-02 for local government?
I would need some time to answer that question properly. It is roughly £6 billion or £7 billion.
What would that budget be if full responsibility for the education, police and fire services was transferred to central Government?
The local government budget would be reduced by about 50 or 60 per cent if central Government became fully responsible for the education, police and fire services. I was arguing for specific grants. If the Government wanted to take those services away from local authorities altogether, but retain local delivery, there would have to be what is known in the health service as a service level contract, identified by the centre.
If those services were removed, what effect, if any, would the diminution of the role of local government have on councils' ability to attract high-calibre councillors and staff?
I would be guessing and going beyond my expertise if I tried to answer that question. That model applies in Australia and Canada, where education is treated as the middle tier in a federal system.
Do not you feel that that would have a detrimental effect on trying to encourage better-calibre councillors to come in?
I am not convinced of that.
Is it because they are national priorities that education and the police and fire services are being taken out of the hands of local authorities and put back into Executive hands, or is it because of the pressure of initiatives put on local authorities by the Executive?
It is for the second reason. All the services, including the police, fire and education services, have developed under strong national guidance. In more recent years what you are calling pressures, Ms White—I would say intervention or direction—have been growing. Ministers have been concerned to deliver the outputs that they wish for those services, which is why they have been earmarking portions of the RSG, ring-fencing moneys and opting for specific grants of small amounts of money. That does not seem particularly conducive to accountability.
Perhaps the pressure would be alleviated if the ideas or direction came less from central Government and more from local government.
That would alleviate it, but my instincts tell me that ministers—of all parties—find it too easy to intervene, and always have done.
Does the question of the variety of need and meeting that need not seem to be something of a grey area? You mentioned education and the police. Are you saying that there is no particular variation in those services, whereas there is variation in social work? I do not quite see the difference. From my education experience, I know that there is huge variation in the way that different authorities deliver the service, particularly in such areas as specific needs. I do not see how education is different from social work in that respect. I do not understand your argument that responsibility for one should be held centrally, while—
I think that what you are describing could also be said of the national health service. Differences in the mode of delivery are likely to be driven by the professionals in the organisations concerned, as much as by councils.
I will ask another question, which leads on from what Trish Godman has been saying about subsidiarity. You have said that political direction perhaps accounts for the big differences in social work and so on, but could that not also be linked to subsidiarity, in so far as that is what the various electorates are demanding?
Yes.
Is the direction that you are taking, or appear to be taking, Professor—and Keith Harding is quite happy with this—totally against the idea of subsidiarity and of getting more local involvement in decision making? If people wanted more community policing, for example, would it not be easier to effect such a change through local control, rather than through free-standing police boards?
Today, I have simply been advocating handling the financing of education in a different way—the police and fire services are already there, in that they have specific grants.
I was quite supportive of your idea of evolution rather than revolution—under devolution.
You mean individual authorities?
Yes.
I do not know of a single authority in Scotland that thinks that the grant distribution is fair. Everybody thinks that they should have more. Almost everybody who makes representations to you will make a case. Dundee and Orkney and so on have made cases. They were all able to produce factors that do not fit into the grant. The grant system will never be refined to a level where everybody is happy with it.
Would you consider that what might be required is for everyone to accept the formulas by which assessments are made so that they are seen as being fair? Would that alleviate some of the concern? There is always the complaint that one area benefits more than another or that there is unfairness in the system.
The formula was unproblematic at first, but it has been completely discredited since reorganisation. Without boring you with the technicalities of the statistics—I will be as simple as I can about it—the method assumes that if an authority spends high it does so in response to need; if it spends low it does so in response to low need. However, in the real world, that is not necessarily the case because authorities can decide to spend more and they can decide to spend less.
It may well be impossible. However, you mentioned your concerns about regression analysis as a model for dealing with that type of thing.
Multilevel modelling does not do it either; it just refines it. It does not make it any more accurate. We had the example of the use of multilevel modelling in health for the Arbuthnott report, where they produced a model with about 40 variables in it and reduced it to about 12. However, they did not get the result they wanted so it went back. The model is now simplified and has four factors that are delivered on a judgmental basis. Multilevel modelling will not overcome the problems, nor will regression analysis, in my view.
If neither regression analysis nor multilevel modelling—
Regression analysis still requires judgment. The judgment that has to be made is whether the figures that the statistics suggest are reflective of need. There is no way that the statistics can do that.
I ask you for a judgment—
Somebody has lectured you about multilevel modelling. I can see that.
I remember it from my days at university, as it were.
You have two minutes to answer.
I remember such questions also from university.
I am never going to get a completely free hand. I will not be able to answer that in the way that you would like me to. I cannot produce a simple response to it. In the way in which I look at the world, we are always constrained by where we are. Drawing exercises on a blank sheet never work in the real world.
You paint a fairly gloomy picture of the future of local government.
There is nothing new in that.
You seem to be suggesting that, with the loss of the regional tier and the advent of the Scottish Parliament, the strong role for local government that was always called for is not an option. You also seem to be suggesting that, unless there are significant changes in the way in which the Scottish Executive operates, a lot of the functions that local government provides are not really discretionary and therefore local government may as well not provide them.
I am not saying that local government should not provide those functions. I am saying that, with respect to finance, which is what the committee's inquiry is about, if central Government determines how much is spent, it should be accountable for that, rather than for the block grant for those key services. Central Government does not care much about how much is spent on other services. There are huge variations in how much is spent on libraries and leisure services throughout the country.
What role do you envisage for local government in the next 10 to 15 years?
There will be a range of services for which local authorities will be responsible. My view is that, currently, they are not the responsible authorities for the police, fire and—increasingly—education services because of ministerial intervention.
Where do you draw the line? There is a national waste strategy into which local waste strategies must fit. Some strategies cross council boundaries.
Things were very different in early local government. There was a saying in the language with which I am familiar: the centre concentrated on high politics and left low politics—waste management and cleaning the streets, for example—to local elites. The saying was used to distinguish the concerns of the two tiers of government. Nowadays, high politics has become what local authorities provide—that concerns central Government now in a way that it did not 100 years ago. The relationship is much messier and more complex than it has ever been.
Another member may be scheduled to ask about that. I want to ask about the non-domestic rate. You seem to suggest that the non-domestic rate is not a local tax any more and that that should be recognised and accepted.
It is not a local tax, but I am saying more than that. Ideally, the Parliament should have greater fiscal powers than it was given. When the Parliament was set up, the expectation was that the non-domestic rate would be returned to local government—that is why I was so critical of only a 3p tax power. I did not think that that was conducive to accountability at all, particularly as the Parliament would be the only body in the country with such a power. If the power were used, it would stick out like a sore thumb. In local government, everybody has a tax power, but the Parliament is not like that. Scotland is the only area in the country where the 3p tax power might be used.
Some of the things that you have said have certainly depressed me.
It is Christmas time.
That is true. I suppose that we can get depressed at Christmas time. When the Parliament was set up, there was an adage that it was Strathclyde revisited. You seem to have rubber-stamped that.
Do you mean Strathclyde University revisited?
I mean Strathclyde Regional Council revisited. When the Parliament was set up, I thought that we would have the opportunity to move forward and be ambitious. I do not intend any disrespect, but after listening to you, I want to crawl under the table. The Parliament does not seem to have such ambition.
I did not say that it is not welcome—I said that it would not work.
I have written, "radical change not welcomed", but, meaning no disrespect, I shall check the Official Report. I might have taken it down wrongly.
I have to be honest and say that I am more concerned that the Parliament gets tax powers than that local authorities do. That is the devil in the question. Here we are with two tiers of decentralised government and think of the struggle to find a tax power for the Parliament that was acceptable to the Treasury. Corporation tax and VAT will never be devolved to Scotland. The tax options are very limited.
No, we have not.
Would it count as tax-varying if the Parliament gave powers relating to income tax to local authorities? I am not sure.
It is an avenue worth exploring.
You are talking about it in the classic Layfield sense, as a supplement to the council tax. Would there be reduced grant?
That is something that we would need to look into and discuss.
The Treasury has powers to intervene if local self-financed expenditure grows more than the average for England on a consistent basis. One wants to have a tax power only if one is able to use it.
Yes. We have a tax-varying power, although some people are reluctant to use it. You do not seem to think that it is enough. It works in Sweden. Have you examined any other models?
I am not saying that it cannot work. However, Britain has a particularly curious set of conditions in relation to those matters. If we are going to change something we should change it from the point that we are at, rather than from where we would like to be. Otherwise we come up against all sorts of problems. The poll tax was a classic example of that. It was really radical. It might have been radical in the way that you did not like, but it was certainly radical—an ill-thought-out mess. Look what happened—it needed £2 billion extra in subsidy. That is what happens if you try to develop a system that does not fit easily with where you are.
That is a very honest answer. Local income tax exists in other countries.
It is not nearly as widespread in use as people imagine. In many of the studies, the federal tier is combined with the local tax whatever the middle tier is. Property tax remains the most common local tax in the world.
You have certainly not cheered me up, but thank you for your answers.
Correct me if I am wrong, but I think that you made a point about retaining the business rate so that the Executive could, if it wished, raise it to increase resources.
Retaining it would give the Executive the flexibility to do that if it so chose.
My understanding is that all the money that is collected through the business rate is channelled back to the Exchequer and then returned to Scotland.
No, it is not channelled to the Exchequer in London. It is collected by the councils and divvied up.
Is it not taken into account in the Scottish block?
No. It is outside the Scottish block and classed as locally self-financed expenditure.
I understood that the non-domestic rate was all part of the Scottish block.
Ministers have three options. I will run through the scenarios. Ministers can decide to raise more and, as a result of that, cut the RSG and use the grant for other purposes. Alternatively, they can increase the non-domestic rate and leave the resources with the local authorities, thereby increasing the funding of local authorities. Ministers can also decide to reduce the rate and put more on the RSG or council tax.
Thank you for clarifying that.
I am glad that you mentioned the poll tax. I was listening to some of your comments about local authorities. Correct me if I am wrong, but I think it was the Adam Smith Institute that, in the 1980s, said that it envisaged local governments meeting once a year for a dinner and to hand out the contracts. That does not seem to be a million miles away from what you see as the future for local government.
I am certainly not advocating anything that the Adam Smith Institute would advocate. What I suggest is that we need to clarify who is responsible for services. If it is to be local government that is fine, but let us not have ministers interfering in targeting funds by being involved in a high level of detail or in small amounts of money.
In your submission, you advocate moving away from attempts at needs assessment and introducing simple expenditure assessments. How does your approach differ from the percentage grants and resource equalisation grants that were a feature of local government in the 1950s?
It is very different, because expenditure assessment is the simplest conceivable grant system. That is how the Parliament is funded. It requires people to accept that the current differentials are broadly defensible, as with Scotland spending more than the UK average, whatever the figure. That is then entrenched in a system in which the starting point for next year's allocation is what the expenditure is now. The sum of resources is increased on the basis of population share. That happens with the Barnett formula. Such a system gives slightly more money to local authorities with growing populations and slightly less to those with declining populations, but only at the margins. The historic basis is kept and stability is built into the system.
I have a quick question about business rates. You mentioned that local authorities are able to keep the money raised by business rates but the only option open to the Parliament is to raise money through its 3 per cent tax-raising powers. When I asked the then Minister for Finance and Local Government whether Glasgow City Council would be able to keep 100 per cent of its business rates, he said that the grant would be cut accordingly. That is swings and roundabouts, is it not?
That is the case. A couple of years ago, when Glasgow first raised the issue, I asked the then director of finance whether he realised what would happen if Glasgow City Council was allowed to keep its business rates. The RSG is used to equalise councils' incomes up to the level of their assessed need, so it would be cut if the needs assessment remained the same. If a council's income from its business rates was greater, it would get less RSG.
Thank you. I wanted to have that confirmed. It means that it is hardly worth while doing that.
Under the current system, that is what would happen.
We have asked all the questions that we planned to put to you.
That is the central thrust of my message.
In some ways, you have given us a reality check—a different way of looking at the things that we have examined in the past. What you had to say was very interesting.
Even with a specific grant for education, a lot of the detailed decisions about which schools should stay open or should be managed locally and so forth would remain with local authorities. I am talking about financial accountability.
Thank you for what has been a useful session. If we need to get back to you, we will do that. We are to see you again later, although you will be wearing another hat.
Thank you.
Does that mean that we cannot get you?
As yet, that has not been clarified. The Finance Committee is creating a new post of standing adviser on the budget. From 1 February, I will work regularly for the Finance Committee.
Well, if we cannot get you, we will have a fight with the Finance Committee.
I thank the Local Government Committee for using me in the current year. No doubt, that is part of the reason why I have the new appointment.
Okay, comrades, we will move on. I welcome from Land Reform Scotland Peter Gibb, the executive director; Fred Harrison, the director; and Duncan Pickard, also a director. The witnesses have listened to Professor Midwinter's evidence, so they know the procedure. I understand that Peter Gibb will make a presentation, after which I will open up the meeting for questions from committee members.
Thank you for the opportunity to appear before the committee.
Your paper states that local income tax,
That is either an error in our paper or a misreading of it. We advocate the abolition of the UBR and council tax.
In your submission, you say that the UBR is "a tax on business" and ask:
In fact, all conventional taxes damage enterprise and people's quality of life. Some taxes are more damaging than others, but we would not defend in principle the retention of any of the conventional taxes, either at local or central level. Our problem, and the problem that Parliaments throughout the world have, is that, although people instinctively feel that taxes somehow have a negative impact, they cannot quite put their finger on why that is. They certainly do not have presented to them by experts the quantification of the damage that is inflicted by a uniform business rate as compared with that inflicted by a local income tax that raises an equivalent sum of money.
You said that interest in the benefits of land value tax seems to be growing fast. You cited the option of the 3G mobile phone radio spectrum as an example of acceptance of that principle, albeit in a flawed form. Has interest in land value taxation waned in recent months, in the light of the financial problems that face some of the firms that made successful bids for 3G wavebands?
You are asking whether interest in the tax has waned. Interest in the proposal is minimal, but when it is explained to businesspeople, they realise that they will gain through it. The problem with the 3G option was that British Telecommunications wanted the licences to be sold for a capital sum instead of there being an option of annual payments, or rents. The result is that the big boys have the advantage, because they have the financial clout to accumulate the huge sums and squeeze out the smaller competitors.
I want to ask about the application of land value taxation to agricultural land. In your submission, you suggest:
I can easily clarify that misconception. You may be aware that, until about 1931, agricultural land in this country was rated and that, when rates on agricultural land were abolished, the rental value of the properties increased to compensate. In other words, rent plus rates tend towards equality. If you wanted to impose a land value tax on agricultural land, the rents that are currently paid would fall to compensate. That is why there would be no increase in food prices.
But the owner-occupiers will be paying land value taxation, which they do not pay currently, so they will be at a disadvantage.
I think that is a fair deal.
Their prices will presumably have to go up.
No, they do not have to. The tenant farmers cannot charge more for their produce now, so neither could the owner-occupiers if they had to pay land value tax. It is an impossibility.
I am not sure that I follow the logic of that argument. If costs go up, I would have thought they would be passed on.
I accept that the concept is often a difficult one for people to wrestle with. If you consult any standard economics textbook—and I could lay out a pile of books to support what I am saying—it will tell you that you cannot pass on a land value tax or charge on rental income in the form of higher prices. If rental charges could be passed on, it seems that all the academic profession—they are unanimous—must have got it wrong. We know from empirical studies that the price structure would not be altered.
I think that I understand your basic point. You are saying that rent and land charges together would level each other out.
Correct.
I can understand the case for that. However, if a land value tax is levied, someone who is currently not paying that charge will have to do so and will therefore want to recoup that money.
He might want to, but he cannot. That was Fred Harrison's point.
I am not convinced by that argument. As you said, the argument is difficult to explain, even if it could be explained to someone as thick as an MSP. In the current political circumstances and given the state of the farming industry after the foot-and-mouth crisis and because of other problems that farmers always tell us that they have, would you be able to persuade farmers that introducing land value taxation would not be to their disadvantage?
Your question betrays a common misapprehension. Land value taxation would fall more heavily on urban areas and less on rural areas. The net effect of introducing land value taxation would be to reduce the tax burden on farming and on other rural activities. As a result, the proposal is farmer-friendly, which is probably why I have a farmer, in the shape of Duncan Pickard, sitting beside me.
Although about 95 per cent of land value in Scotland is centred in urban areas, only 5 per cent of the land in Scotland is urban. That means that although 95 per cent of the land is agricultural or rural, its overall value amounts to only 5 per cent of the total. In other words, if the land value tax were levied as a uniform tax, the agricultural sector would pay only 5 per cent. The net effect would be reduction of land prices. Some very good friends of mine are farmers; they would be upset to find that instead of being worth £1 million, their farm might be worth only £100,000 or £200,000 because that would be the residual value of the farm buildings. Land speculation would disappear.
Is farm land in other European states liable to tax?
Yes. Denmark was the first to introduce the land value tax, which it did in 1917 at the behest of the farming community; indeed, that tax continues to operate in the urban and rural sectors if committee members want to find out more about it. The farming community saw the wisdom of charging on rent, because that would leave their enterprise tax-free or with only minimal charges to pay on their productive capacities.
I note that—apart from Denmark—Australia and some states in the United States of America have a land tax. Furthermore, I have read that Estonia, which is a new and flourishing state, also has a land tax. I have been intrigued by the changeover from locally to nationally gathered land tax. Perhaps I can pursue that matter later.
On your first point, I will return the question. What sort of constraints might prevent a landowner developing their property within the planning and environmental framework? What sort of socially proper constraints, as opposed to constraints of private gain, would stop a landowner developing their property?
I imagine that there would be no social or humanitarian constraints to stop such development, but if a landowner had a piece of land and the LVT were in force, to make that land more attractive, they would have to upgrade to a higher tax band. As you know, people get grants for that nowadays. Do you envisage that people would have to develop the land at their own expense? Is that what you are saying?
No. We are saying simply that any piece of land or any resource has a natural value to the community and that any private individual who withholds full proper and legal use of that resource acts anti-socially.
Does the person act anti-socially by not bringing the land up to a certain standard?
We must separate the land from the improvements. LVT is not a policy that will force people to keep their windows painted and their gardens clean. It will ensure that a piece of land that is disused or underused—a few of our large cities have quite a lot of such land—is not held out of use or underused by its owners for speculative gain.
I understand that. However, there would be no relief system for an elderly person or someone on their own who lived on such a piece of land and did not have the money to upgrade it to suit themselves. Do you envisage any sort of relief system for such people or an incentive to upgrade it? That is just one scenario.
It is a fair scenario and it does occur. The easy answer to the problem of the old widower or old widow in a large house that was once occupied by the family is for the collecting authority—the local authority—to defer collection. The uncollected amount would accrue annually to be capitalised and, on the death of the individual, the amount would be collected from their estate.
I remember that suggestion from your submission. On my second point, why do you think that LVT would generate fewer appeals?
That is because we would end up with a rational system of land use rather than one that is heavily based on arbitrary decision making and ineffective approaches to the allocation of resources, such as the system that we have. In a more dynamic, efficient, democratic and transparent system, people know what is worth what and they are willing to put those resources to the best use. We would reach the point at which the level of efficiency was such that there would be less need for people to argue over use and whether land should be held out of use.
Would non-profit making organisations such as the Woodland Trust and the National Trust for Scotland still pay?
That would be a democratic decision for society to make. In principle, anyone controlling land has an obligation to the community—land is a social asset and ultimately belongs to us all. If people can account for the way in which they use land in such a way that society deems it necessary to exempt them from LVT, that democratic decision could be made. We would argue that, unless there were ecological reasons why a tract of land should not be used for commercial purposes and was not generating income, there is no reason why the people who choose to monopolise land should not pay the rest of us our share of the value of that land. However, as I said, that would be a democratic decision.
How does the land value tax sit with other local taxes in Denmark? What percentage of taxation in Denmark is raised through the land value tax?
I cannot make a comparison. The proportion of revenue coming from land taxes in Denmark has declined over the course of the 20th century, as it has in New Zealand and Australia. Despite the democratic preference for the land-based form of taxation that was expressed through referenda in communities—particularly in New Zealand and Australia—commercial pressures have been against land value taxation and for our kind of property tax. The balance has shifted away from revenue that is raised from land rents locally.
Sandra White mentioned that we recently visited Estonia. Councils there are able to raise 10 per cent of local taxation from land value tax; however, no council has ever done so, which is interesting.
We would do that in the same way as it is done in Denmark, where local communities elect committees that are chaired by experts. Those committees conduct the reassessments. Every three years, every site's market value is reassessed. There is no difficulty with assessing the annual, imputable rental income of land. It is odd that in this country we expect every person who earns income to assess the value of his income and declare it for taxable purposes, but we make an exception for land that someone owns and we worry about the difficulty of getting evidence. There is no difficulty; it is simply a matter of political will. If we, as income earners, are able to declare our taxable capacity, the owners of land can also declare their taxable capacity. In practice, there is no problem.
So there would not be a national rental value; the value would vary from area to area.
Yes. The market rents would be determined locally and ought to be efficiently collected. It is fair to say that the data in this country—indeed, in most countries—are at present poor, but that is for historical and political reasons. Land tax is a conservative and traditional source of revenue—in many ways, it is the natural and ancient source—and the logic behind the shift away from land tax towards revolutionary forms of taxation that are not driven by the desire to be more efficient or fair must be sought in the past. However, as part of that process of transformation, the data that ought to be available in order to have a transparent public revenue system have been diminished and our system has become progressively less transparent, in particular in relation to the land market. However, that could be remedied by an act of Parliament, if Parliament had the will.
In paragraph 3.11.1 of your evidence, you say:
Yes. However, although you cannot conceal a building, you can manipulate the way in which land and buildings, when valued together, are assessed for tax purposes. For example, in the United States, the central data-gathering authority in Washington stopped publishing its information on land values in the early 1990s because the data ended up showing a negative value for all the land in America. The statisticians realised that that was absurd. However, that situation arose because the privileges that go with certain forms of taxation were such that the way in which land and buildings were valued together made it look as though the land was worthless—in fact had a negative value—and that all the value was in the buildings. That was driven by lobbyists, who derived a benefit from obscuring the real value of the land.
You argue that rental values are relatively stable, unlike capital values, which are volatile. Can you give us any evidence of that and comment on accusations that rental values reflect property prices?
We argue, contrary to what you said, that capital values are relatively stable. Unless there is a great increase in the cost of wage labour or a sudden surge in the market for bricks, which drives up the price, the capital costs of construction of projects do not vary hugely. Consider the wild variation in house prices. In Edinburgh, for instance, the greatly increasing cost of housing over the past couple of years has been driven by land value increases.
To follow on from that, you say in paragraph 3.10.1 that LVT would be less regressive than the council tax. Can you provide evidence to support that?
The land tax is a progressive income tax. It is progressive in the sense that people declare their capacity to pay by the quality of the land that they choose to occupy. A millionaire does not live in a slum; poor people do not live on Millionaire's Row. Land tax is a public declaration of the capacity to pay. If we compare that with the capacity of millionaires to conceal much of their income through tax accountants and so on, it is clear that the tax on land values is progressive and transparent. The individual declares, by the land he chooses to occupy, how much he is willing to pay. Although other forms of tax, such as income tax, are progressive, the amount that you pay depends on the skill of your professional advisers.
Are you arguing that the difference in the land value of a house that is worth £30,000 and that of a house that is worth £300,000 would be greater than the difference between the values of the properties themselves?
The land value of the £300,000 house is far higher than that of the £30,000 house. The person in the £300,000 house would pay more—based on the value of the land he occupied—than the person who lives in the £30,000 house.
That does not take into account the size of the house; it takes into account only the value of the property.
That is correct. You are excluding somebody from the plot, not from the quality of the house that he chooses to build, with the labour that he chooses to devote to the building that he happens to want to live in.
Is not that affected by the value of the council tax band of the house? How do you assess LVT in relation to that?
The land tax would be a uniform rate. If it were set at 10 per cent of the market value of land, that would mean 10 per cent of the value of properties under £30,000 and 10 per cent of the value of properties under £300,000. The tax has a progressive quality. Owners of higher value land would pay more than owners of lower value land. I recall writing a story about 15 years ago, which described how the Queen had to pay less than a local postman in Scotland because of the way that values were judged. The present system is arbitrary, regressive and incoherent compared with the model that we propose should be adopted.
Would not it be easier to change the number of council tax bands and the values within each band? Would not that address that type of anomaly?
No. The present system penalises people's capacity to earn income by charging them for the value of the building that they occupy. That has a regressive and damaging impact on communities and on society in general. That negative impact would not exist if the charge were based exclusively on the rental value of the land that is occupied. The point goes back to classic liberal slogans. A person who chooses to improve their house by adding a garage should not be penalised. People who added central heating to their homes used to be penalised until that practice was removed from the old rating system. The system penalises people for the value of their houses, which imposes penalties on their capacity to earn and on their quality of life. That does not apply when land is used as the tax base.
I do not follow that. Does that mean that the Queen's ability to earn money is reduced if she wants to add accommodation to Balmoral or Buckingham Palace? How does the present system prevent her from earning the levels of money that she earns?
The Queen is an exceptional case. I will illustrate the point with a contemporary issue. The Chancellor of the Exchequer wants us to consider paying more taxes to improve the health service. That might seem a little removed from local government finance, but it shows that decisions ought to be informed by the fullest information possible before they are made. We spend £45 billion or £50 billion on the health service. The Government proposes that we should consider adding 1p to income tax to raise additional revenue to improve the quality of our health service. We calculate that the loss to an average family of four people from an extra penny on income tax is £640. That is what the average family will lose in terms of incentives to generate additional revenue.
I suppose that you would be able to produce masses of books—as you said you would—that argue against Iain Smith's point of view. Surely if the Government decides to raise £15 billion, it will raise that money directly, indirectly or by whatever means. It will find a mechanism for raising that £15 billion. Wherever one takes the money from, it is still £15 billion.
My point is that, as a result of raising £15 billion from a stealth tax—or any other form of tax—we add disincentives to the system. Those disincentives result in less output in the economy than would otherwise be the case.
Does not that support the argument for taxing fuel? Sometimes one levies such taxes in order to make that direct impact.
If reasons such as environment or resource conservation exist for putting a brake on people's activities, then such taxes work effectively. We apply that principle when we think of ecology, but for some reason we do not say, "You go to work. You ought to earn enough to pay for your own medical and educational needs. However, we are going to prevent you from being able to do so by taxing your wages with an income tax." We do not say that, although we should, because we could quantify the losses that people suffer as a result of the tax instruments that we use.
I am not convinced, but thank you for your answers.
Before I ask my question, I seek your help in helping me to ensure that I have understood your point. You used the example of a £300,000 house, a £30,000 house and a £3,000 shack for which the same land tax is required. Let us say that the three plots of land are side by side and that all are the same size.
You would need to tell me what a developer would be willing to pay for each of those sites, because that is the base on which the tax would be levied. I would not determine what a developer would be willing to pay and nor would you; however, the market would. If those three sites were of equal value, despite one's having a shack on it and a mansion being on another, the charge would be the same for each.
I will follow up that point. You talk about the potential for developers, but the plot that has a shack on it might be worth more to a developer, because it might be advantageous not to have to get rid of a house in order to build something else. The way in which the level of tax would be determined sounds very arbitrary.
It is not. The market determines the land value—that is not arbitrary. Arbitrariness exists in the present system, in which we decide to increase or decrease a tax rate or to give certain subsidies or allowances—that is arbitrary. In the system that we propose, people would determine the value of the land; that would be the tax base. If the Government said that there ought to be a charge of 10 per cent, 50 per cent or 100 per cent, that would be a democratic decision. However, it is not for us to determine individually whether someone ought to pay more tax on one site than would be paid on another site for reasons that, privately, we might think are right or wrong. The capacity to pay would be based on the actual market value of the land at a given time.
I think that you said that groups of people in Denmark make those decisions locally.
That is correct, but they base the decisions on the market. The lower assessments are on one street, the higher the assessments will be on another street. Therefore, assessments end up having to be fair so that people are being fair to themselves, to their neighbours and to the rest of the community. Those values are published in the yellow book, which gives for each area in Denmark the property value, which is a global sum, and the land value—the second figure—which is usually a lesser sum. That information exists for all to see. If one street has an unrealistic value, the neighbours will appeal and adjustments will be made.
You said that, under your proposals, local authorities would have a greater incentive to promote improvements. I take it that you meant that therefore local authorities could set higher taxes. Is that correct?
There is a dynamic at work here. There is no private obstacle to the renewal of the local community. Philadelphia is a live example of that. We have submitted evidence from the Philadelphia city controller and will leave his full report with the committee. The controller says that large swathes of Philadelphia are blighted by the flight of population. People sit on properties in those areas because they have no incentive to do anything with them or to renew the use of the buildings. They would rather keep properties vacant than put them to low-grade use, because ultimately the capital gains of the first option are higher. A tax on that land would provide owners with an incentive to bring properties back into use. That is grass-roots, bottom-up pressure for renewal in the community; it is not the result of a grand scheme or a plan.
I was asking you about local authorities, rather than about owners.
We have a democratic system. If the local community generates only 20 per cent of its total revenue, most people will feel that their allegiance is to central Government. If the proportions were reversed, people would want to be involved in their community because their money was being raised and spent locally. They would want to ensure that they were getting value for money. Community consciousness would be transformed as a consequence.
You say that LVT
Yes; I regard myself as something of an authority on that issue. This comes back to the issue of capital versus rent level stability. For 200 years in this country, we have had property cycles—booms and busts. The last major bust was in 1992; the next big one will be at the end of this decade. Property cycles are driven by land speculation, rather than by property or house speculation. The prospect of making huge capital gains periodically drives prices to astronomical levels, after which they collapse. If the incentive to pursue unearned capital gains were removed because much of that revenue was being taxed to pay for the local services that give the land the value in the first place, the swings in property prices would be moderated severely or eliminated altogether, depending on the tax rate.
Do you not think that land value could be increased if a large company came into an area? Could that not lead to speculation?
Certainly. We studied the impact of the extension of the Jubilee line in London. As a result of public investment in the extension of the underground, property prices around the five new stations east of Waterloo rose by approximately £10 billion. Had a modest charge been placed on the increase in property values that was caused by that investment, we could have paid for the Jubilee line extension without requiring money from the taxpayer. The cost of the extension was £3.5 billion and property prices increased by £10 billion. If Marks and Spencer locates in a small town, that makes the community more desirable and prices in the locality increase as a consequence.
The same would happen if an area had a very good school; people will move to such an area for that reason. If a local authority is spending money to provide a very good school and that attracts more people into the area and increases property prices, there is no reason why extra tax revenues should not be raised on that increase.
You are saying that with LVT property prices would not zoom up and down to the same extent.
Yes.
There would be growth based on the capacity of the economy to pay increased rental charges. Growth is different from speculative booms and busts, which drive our property market.
I have two questions about land taxes. It is envisaged that there would be a land tax for both local government and national Government. Is it your idea that, instead of people making profits because a business has moved into an area or because an area has a good school, the local council would set the level of land taxes? Also, would the community benefit from those taxes?
If we step back from our local situation and see how we as human beings live in the world, it is clear that different natural resources are available at different levels of existence. That returns us to subsidiarity concerns. If we consider the natural resource that is a satellite parking station—
I just want to know whether you expect local councils to raise the land tax and benefit from its value. Can local councils vary a land tax if an area has a satellite dish or a school? Would the community in that area benefit, rather than a person who bought a house in that area? I thought that my questions were quite straightforward to answer.
In Russia, for instance, the Parliament sets the tax rate. The land tax is national, but all the revenue returns to the communities. Different levels of government should not set different rates of land tax. It ought to relate to one community and be based on one natural resource, with one tax rate in which we all share appropriately.
We had an interesting presentation from Professor Midwinter, to which I know that the witnesses from Land Reform Scotland listened. We have had a very interesting presentation from you. The Scottish Socialist Party has proposed a Scottish service tax, but it has not spoken about the land tax that you propose, in which you say that that party and Robin Harper are interested. We will write a report on local government finance, to which Land Reform Scotland's evidence will certainly contribute. We will ask questions to clarify matters before we produce our report.
By profession, I am a chartered surveyor. I have been involved in local property taxation since I joined the Valuation Office in 1973. I left that office in 1985 to join what is now Liverpool John Moores University. Since then, I have been involved in a wide range of consultancy work for private clients and professional firms. In 1996, the then Secretary of State for the Environment appointed me to the Wood committee, which investigated the rating of plant and machinery. I assist the continuing review of the rating system in Northern Ireland by supplying a range of research material.
Based on the research that you have done so far—and I appreciate that it is not complete—could you advise the committee on the most appropriate form of local taxation for Scotland?
You have asked the difficult question first. After examining the tax systems in Europe, I would say that there is no single tax that you must consider very seriously. I was pleasantly surprised by how robust the current system is in the UK, with council tax and the UBR. We must be certain that there is a better option before we get rid of a system that has worked reasonably well. It is not without faults, but it has worked reasonably well. We should avoid some taxes like the plague. The French system is especially complicated.
Notwithstanding your comments about the difficulty of defining a property tax in each country, and using only each country's definition of that tax, in countries in which property tax is the main source of local government revenue, is there interference from the centre or are local authorities able to determine those tax rates?
In a number of countries a maximum can be put on what each local authority can charge. The authority can go up to a predetermined figure. In other countries, determining tax rates is totally within the realm of the local authority.
Where there was capping—for want of a better word—was that done on a standing basis, or was it based on year-on-year adjustment of the tax variable?
I study so many taxes. The ones that I remember had the cap prescribed by law and local authorities could charge anything up to that cap. The tax rate was not reviewed every year.
As you say, you have studied a large number of taxes—about 190—in your full report, which none of us would claim to have read fully in the time that has been available. Have you drawn any conclusions on the different types of property taxes that are levied in European countries? I appreciate the fact that there is still a year of the project to run. Have any patterns emerged in the emerging democracies and in the more long-standing democracies? What proportion of the income of local councils is raised through land or property taxes?
I will start with the percentage of revenue that is raised through land or property taxes. We have not finished the research into that area, which will take another year. I have a gut feeling that the significance of property tax is a lot lower in Europe than it is in the United Kingdom. I cannot put my hand on my heart and give a percentage for the proportion of income that is raised in that way. Property tax in the UK is far more significant as a business expense.
That is very helpful. If the proportion of tax raised through land taxes is generally lower, have you done any work to indicate what makes up the difference—for example, central Government grants or other sorts of taxation?
The amount of Government grant seems to be higher in Europe than it is in the United Kingdom. However, many other countries have the power to make other charges. UBR and council tax are encompassing taxes—everything is provided and they are charged on all property. In other countries, local authorities have the power to charge for refuse collection, for example—they make an additional charge for many of the services that they provide. Until one adds in all that, it is difficult to compare one tax with another.
I was interested in your Belgian suggestion—I believe you said that rent values add to local authorities' income through income tax. Is that collected centrally?
It is collected as part of income tax through the normal income tax procedure, but it is acknowledged that the income is part of local government revenue. I am not sure of the mechanism, but the revenue is fed back to the municipality.
So it is distributed very much in the way that we do here.
Yes. It is quite common in Europe for the taxes to be collected by the central tax authority and remitted back to the municipality.
Presumably, criteria similar to those that we use are employed—need, population and so on. I was disappointed to hear about the revaluation situation throughout the rest of Europe. Did you identify any countries that carry out a regular revaluation?
Denmark has changed its taxation system. There are annual revaluations only of commercial property, because of preparations for computerisation. There was a change in the law in 1998, which was implemented in 1999. Sweden also has more regular revaluations. The system there is similar to that in the UK, although it is based on capital value and there is a two-year antecedent valuation date. There is a lot of sense in that approach.
You said that in some cases it is difficult to determine exactly what type of tax a particular tax is. Did you identify any country in Europe where a land value tax was the main source of local government revenue?
No. To my knowledge, there is no such country.
Thank you very much for your substantive submission. As Iain Smith said, it was good weekend reading. Keith Harding mentioned land value taxation. During your survey, did you find any countries the size of Scotland and with similar local government responsibilities—for health, fire and so on—where a local property tax was the main source of local government revenue? We should be aware of the problem of the definition of property tax, which you mentioned at the beginning. I do not know whether that will come into your answer.
There are a few countries where all local government finance must come from property taxes and other local authority charges—in other words, local authorities can levy fees and charges for services in addition to the property tax. That was in the emerging democracies, where self-sufficiency was necessary. Generally, the revenue is made up from central Government.
So it does not come specifically from property tax.
That is correct. Another unusual feature occurs in Spain and Italy, for example, where capital gains tax and inheritance tax, which to us are national taxes, are local taxes. I cannot give any definitive figures at this stage—I can give only a feeling.
I do not think that there are any more questions. I thank you for your evidence. Like Keith Harding, I was interested in your comments about the Belgian system and that you started off by saying that the system in the UK was robust and that no other European countries had banding. The committee will examine council tax banding later this afternoon. It has been interesting to hear how other countries collect their tax. Iain Smith said that your submission made interesting reading—indeed it did.
Meeting adjourned.
On resuming—
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