Finance Scottish Policy Forum Paper no. 16 Dear Colleague, This Scottish Policy Forum paper deals with one of the most vital topics at the Scottish Parliament – Finance. The decisions made in allocating roughly £30bn in Departmental Expenditure Limits affect all aspects of Scottish public policy, from education through health to capital infrastructure. The revenue-raising powers of the Scottish Parliament, significantly extended by the Scotland Act 2012, affect our daily lives (e.g. through income tax) and the business environment (e.g. non-domestic rates). Scottish Conservatives have traditionally been very active in this portfolio, scrutinising spending decisions, opposing anti-business policies and aiming for an efficient and effective public sector. The forthcoming revenue-raising powers in particular give us an unprecedented chance to show our strengths based on Conservative principles. This paper summarises the portfolio on both sides of the equation – revenue and expenditure – and poses questions throughout. Your answers will help guide our approach as we look towards the 2015 and 2016 manifestos and I hope many of you will find the time to respond. The deadline for submissions is 16 May 2014. I look forward to reading your comments. Yours faithfully, Gavin Brown MSP Economy & Finance Spokesman 1. Scottish Finances Overview We felt it would be useful to start this paper with an overview of Scottish finances as a whole and an introduction to the main components of the annual Scottish budget. In sections 2 and 3 we will explore the various sources of revenue available to the Scottish Government as well as the different items of expenditure it chooses to spend its budget on. Conservatives have always been the party of fiscal responsibility. In Government we have taken steps to clear up Labour’s mess – through some hard choices we are reducing the deficit and the Chancellor made it clear he wants to run a budget surplus by the end of the decade so we can start bearing down on our debts too. a) Government Expenditure & Revenue Scotland The independence referendum has resulted in increased scrutiny of Scotland’s finances, but inevitably also brought different interpretations of Scotland’s fiscal position. Most of the data available is classed as ‘experimental’ as exact agreed models do not exist – this applies to the geographical allocation of UK spending (e.g. defence), North Sea oil revenues or Gross Domestic Product. Nonetheless, the Scottish Government uses this data annually to release the Government Expenditure and Revenue Scotland publication which offers a comparative snapshot of Scottish and UK public finances. North Sea Oil & Gas Unsurprisingly, Scotland’s fiscal balance sheet depends heavily on the revenue raised from North Sea Oil & Gas activity and the allocation thereof. The Scottish Government/SNP/YesScotland exclusively use a geographical allocation of oil revenues, based on maritime boundaries. This allocates approximately 85-95% of all revenue to Scotland. An alternative allocation would be per capita, which would be a significant reduction to around 8.4% of revenue. In terms of overall North Sea revenue, it has proven to be highly volatile due to its dependence on global oil and gas prices. Total UK revenues reached their peak in the 80s, falling sharply throughout the 90s and picking up again 2005 onwards. Long term projections are almost exclusively downwards, mainly due to the anticipated costs associated with the extraction of oil from marginal fields. 2 Fiscal Balance Offshore tax receipts influence the overall fiscal balance of both Scotland and the UK. Oil price volatility is, self-evidently, better absorbed in a larger entity. The latest GERS figures show that Scottish oil revenues dropped from £10bn in 2011/12 to £5.5bn in 2012/13. The £4.5bn drop is the equivalent of the entire Scottish schools budget. Table 2.3 shows a breakdown of all Scottish revenue, regardless of who collects it. Expenditure (public spending by all tiers of government) is harder to identify since there are items of expenditure that are not geographically based – most importantly defence. GERS uses complex models to estimate these figures for Scotland. 3 The summary tables below, combining long-term GERS data, show that the last time both UK and Scottish finances were running a fiscal surplus was in 2000/01. Both have run a net fiscal deficit ever since then. Year 2000/01 2001/02 2002/03 2003/04 2004/05 2005/06 2006/07 2007/08 2008/09 2009/10 2010/11 2011/12 2012/13 Scotland onshore 31,082 31,769 32,332 34,575 36,811 39,689 42,063 44,815 43,772 42,054 44,318 46,315 47,566 Year 2000/01 2001/02 2002/03 2003/04 2004/05 2005/06 2006/07 2007/08 2008/09 2009/10 2010/11 2011/12 2012/13 Total Tax receipts (£ million) Scotland offshore geographical share UK 3,756 381,528 4,506 388,391 4,478 394,956 3,727 421,856 4,541 451,332 8,017 485,800 7,505 517,082 7,112 546,968 11,577 536,271 5,679 516,109 7,454 555,506 10,000 576,933 5,581 586,925 Total Expenditure (£ million) Scotland revenues as UK % 9.13% 9.34% 9.32% 9.08% 9.16% 9.82% 9.59% 9.49% 10.3% 9.2% 9.3% 9.8% 9.1% Net Fiscal Balance (£million) Scotland UK 2,323 39,979 -730 -802 -3,910 -25,974 -5,664 -33,343 -5,314 -41,143 -2,301 -37,933 -3,293 -33,076 -3,998 -36,719 -4,091 -99,354 -14,354 -157,294 -12,322 -139,199 -8,554 -117,382 -12,058 -114,756 Scotland (identifiable + nonidentifiable) 32,515 37,005 40,720 43,966 46,666 50,007 52,861 55,925 59,440 62,087 64,095 64,869 65,205 UK 341,549 389,193 420,930 455,199 492,475 523,733 550,158 583,687 635,625 673,403 694,705 694,315 701,681 Scotland expenditure as UK % 9.52% 9.51% 9.67% 9.66% 9.48% 9.55% 9.61% 9.58% 9.4% 9.2% 9.2% 9.3% 9.3% Net Fiscal Balance (%GDP) Scotland UK 2.47% 4.05% -0.76% -0.08% -3.92% -2.39% -5.48% -2.89% -4.81% -3.39% -1.92% -2.96% -2.64% -2.45% -2.87% -2.56% -2.90% -6.90% -10.70% -11.00% -8.50% -9.30% -5.80% -7.60% -8.30% -7.30% The Scottish Government/SNP/YesScotland have all recently argued that Scotland is not getting her fair share of spending. They point out that in 2011/12 Scotland raised 9.9% of all taxes1, but only received 9.3% of all spending. However, the percentages do not relate to the same number as expenditure comes from borrowing too and not just tax receipts. 9.9% of receipts equals £57bn and 9.3% of spending equals £64bn, leaving a deficit of £7bn. With the publication of the latest GERS figures, the situation was completely reversed, with figures for 2012/13 showing Scotland raised 9.1% of all taxes, but received 9.3% of all spending. The Scottish Government/SNP/YesScotland started pointing out 5-year-averages to counter this change – the oldest trick in the book. Picking different time-periods would support the opposite arguments too. 1 GERS 2014 revised this down to 9.8% 4 b) Scottish Budget Making sense of the Scottish Budget can be a challenging exercise due to different powers and responsibilities of various tiers of government. Presently, the overall pot of money available to Scotland comes to a large extent via a block grant from HM Treasury with the remainder topped up through local taxation (business rates and council tax). The Cabinet Secretary for Finance sets the budget for all areas under his responsibility, as well as providing a grant to local authorities. These, in turn, set their local budgets by combining the grant with locally-raised income (council tax, asset sales, etc.). Business rate income is included in the central budget as they are collected centrally and redistributed. The Scottish Budget presented to Parliament annually is made up of three main elements: revenue Departmental Expenditure Limit (DEL), capital DEL and Annually Managed Expenditure (AME). Without going into specifics, the Government only has discretion over the DEL elements. The present constitutional settlement means that Scotland has to balance its annual budget, although the Scotland Act 2012 devolved limited borrowing powers (discussed below). Negotiations are still ongoing on how the block grant will be adjusted in the future. Recent years have seen real terms cuts to the block grant as part of the deficit reduction strategy by the Coalition Government, although it has been going up in cash terms. 5 The Scottish Government has complete discretion to allocate its DEL budget across its portfolio responsibilities, subject to some practical constraints like multi-year funding plans. The table below shows how the draft 2014/15 budget is spread across the different portfolios. The largest budget component by far is taken up by the Health budget accounting for around 40% of all spending. This is followed by the local government grant (much of which goes on Education) and the central Education and Justice budgets. We will look at the kinds of spending in section 3 below. Q1: In light of recent budget pressures, should the Scottish budget be balanced through higher taxation, lower public spending or a mixture of both? 6 2. Scottish Revenue It is not the purpose of this paper to debate constitutional issues and the fiscal powers of the Scottish Parliament in any shape or form. We will look at the situation as it is now and following the full implementation of the Scotland Act 2012 and we seek views on what our approach should be to the fiscal powers available. All party members were invited to send in their views on the devolution settlement as part of the Strathclyde Commission evidencetaking process. Current Scottish fiscal levers were already discussed in SPF 8 on Local Government, so we provide a summary of responses from last year. We felt, however, that it would be useful to ask SPF members for further views on some of the specifics of business taxation. a) Current fiscal levers Apart from levying user charges (e.g. bridge tolls, prescription charges or the planned 5p plastic bag charges), the pre-Scotland Act 2012 fiscal powers of the Scottish Parliament are limited to property – council tax on domestic property and business rates on non-domestic property. While the poundage rate paid by businesses is set centrally, council tax levels are a matter for local authorities. However, the council tax freeze in place presently has effectively overridden council discretion. Several exceptions and extra levies have been put in place for both of the above by devolved governments since 1999. i. Local domestic taxation Council tax and council tax freeze The SNP minority Government introduced a council tax freeze in 2007. It was introduced as part of a redesigned relationship between local and central government, where councils agreed to a specific set of outcomes and requirements in return for more autonomy in spending choices. While so-called ring-fenced grants (central funding that could only be used for a specific purpose) were reduced, Scottish councils effectively lost the power to increase their main source of income – council tax. Local authorities, in theory, still have the option to increase council tax and formally reject the offer from the Scottish Government, but they know their revenue grant would be cut elsewhere. The Scottish Government has since 2007 provided £70 million annually across Scotland to cover inflation increases. The SNP has also signalled its intention to continue with the freeze until the next Scottish Parliament elections in 2016, which translates into a cumulative cost of over £3 billion. 7 Some local authorities have claimed that the funding provided is not enough to cover the increased budgetary pressures for service delivery. SPF 8 Summary There was a relatively mixed response to the question of the council tax freeze, reflecting the fact that it is politically difficult – as acknowledged by many. A good few respondents argued that the freeze was financially unsustainable in the long term and was clearly undermining local democracy. Some have recognised that individuals in higher council tax bands benefit disproportionately from this policy. On the other hand, those in favour argued that for all its shortcomings, it does provide direct help to struggling families in difficult economic times. Others have argued that the policy might actually force councils to think about efficiency and cutting superfluous services. A few options for reform were also mentioned, including inflation-linked caps or freezing low tax bands only. Overall there was little opposition to examining alternatives to council tax, even though only a few respondents expressed their particular preferred option. ii. Local business taxation Scotland’s councils collect over £2 billion in business rates every year, which accounts for around a fifth of their expenditure. It is a common misconception, however, that councils have complete control over this revenue. In actual fact, until recently Scottish councils had no control over business rate income and therefore little incentive to promote business growth in their areas. Business rates are paid to local authorities based on the poundage rate (set yearly by the Scottish Government) and the rateable values of the properties (revaluated every 5 years). These are then pooled centrally and reallocated to councils. Until recently this was done on a population basis, meaning that most authorities received much more than they collected. The Scottish Government postponed the planned revaluation of business property until 2017, which means that businesses are still paying ‘good times’ rates even though property values clearly dropped following the global economic downturn. The fact that business rates are unresponsive to sudden changes in property values adds to the criticism of the rates system as a whole. Since business rates are linked to property rates, the system itself discriminates against High Street shops to the benefit of online (‘dotcom’) businesses. The business rate system essentially dates back centuries predating any online trading. Furthermore, there are several categories of business which are treated differently for the purposes of business rates and are either exempt completely (e.g. agricultural land and property) or draw different levels of discount (e.g. small businesses, rural businesses, etc.). Several think tanks and business groups have proposed a whole-sale re-think of nondomestic taxation. Most recently in February 2014 the British Retail Consortium suggested linking local business taxation to a different measure than property – for example energy usage. This would be both indiscriminate and incentivise energy efficiency. 8 Q2: What can be done to address the disparity between High Street and ‘dotcom’ businesses? Q3: Are there good reasons for treating different businesses differently in relation to taxation – be it exemptions or discounts? If there are, which ones should be preferred? Poundage rate The amount businesses pay is linked to property values, but is calculated by multiplying the rateable value of a business (roughly the amount that the property would be expected to raise in annual rent) with the poundage rate. It is the responsibility of the Scottish Government to set the poundage rate annually. Since 2007 the Government has decided to match the UK Government’s rate and is committed to do so for the lifetime of this Parliament, whereas before the poundage rate was about 11% higher in Scotland. The table shows the poundage rates across the UK over the last few years. Peculiarly, the poundage rate always increases by September’s RPI, although it has this year been capped at 2% by the Chancellor. The fact that it is based on one month’s inflation data means that businesses are vulnerable to unpredictable monthly shocks and are also more limited in long-term forward planning. Q4: Should our aim be matching UK poundage rate levels or should we aim to lower the rates when conditions allow? Q5: Would you prefer an alternative poundage rate setting based on, for example, a 12 month average as opposed to a monthly snapshot? Business Rates Incentivisation Scheme The Scottish Government introduced a Business Rate Incentivisation Scheme in April 2012, where each council is given a business rate target (approximately the amount they are estimated to take in) and if they exceed this target, they will be able to keep 50% of the extra income. Scottish Conservatives have argued that councils should be able to keep 100% of the extra income. Recently, the National Review of Town Centres External Advisory Group Report proposed the creation of a BRIS+ for town centres, where local authorities would be allowed to keep 100% extra of what is collected in town centres – agreeing with our approach on a more limited scale. 9 b) Scotland Act 2012 Following the Calman Commission recommendations, the Coalition Government passed the Scotland Act 2012, which gradually devolves significant fiscal powers to the Scottish Government. This section looks at these powers and seeks views on what our approach to these should be. Scottish Conservatives have a very good opportunity to differentiate our approach from our left-leaning political opponents i. Scottish Rate of Income Tax The most significant proposal to come from the Calman Commission is the devolution of a proportion of income tax to the Scottish Parliament. The Scotland Act 2012 establishes a Scottish Rate of Income Tax, which will be up to the Scottish Parliament to determine annually from 2016. Scottish income tax receipts across all bands will be topsliced by 10 pence and the block grant adjusted accordingly (although the exact method has not been agreed yet). The powers over thresholds, bands and allowances have not been devolved and continue to be determined UK-wide. The Scottish power is also constrained by the so-called ‘lock-step’, which means that the SRIT has to be set equally across all tax bands: should SRIT be set at 10, it would apply to all bands bringing income tax in line with the UK (20, 40, 45) should SRIT be set at 5, it would mean a cut for all tax bands: 15, 35, 40 should SRIT be set at 15, it would mean a tax rise for all tax bands: 25, 45, 50 Income tax receipts in Scotland amount to over £10bn every year. GERS provides estimates of the revenue that would have been raised had a SRIT regime been in place over the last 5 fiscal years: Any changes to the rate of income tax would have a significant budget impact in Scotland. Very crude estimates show that a one percentage change in income tax rates could add or remove at least £500million in the Scottish budget. We have indicated that we would like to see a reduction in the level of income tax in the future, prioritising family budgets over government budgets. Q6: Do you think we should aim for a reduction in income tax once Scotland gains the powers in 2016? 10 ii. Land and Buildings Transaction Tax The second most significant fiscal power devolved via Scotland Act 2012 is the power over land and building sales – stamp duty. UK stamp duty will be disapplied in Scotland from April 2015 and the Land and Buildings Transaction Tax (Scotland) Act will come into force. The Scottish Government are also setting up a new body to collect and administer the tax – Revenue Scotland. Compared to income tax, the LBTT only accounts for a fraction of Scottish receipts, as can be seen below. The overall revenue is split roughly 50:50 between income raised from businesses and individuals. The power is not constrained in any way and Scotland can set thresholds and rates according to Scottish priorities. The Scottish Government has refused to publish the first set of rates ahead of the referendum even though the Scottish Conservatives pressed them to reveal their approach by April 2014. This is of particular importance to businesses, some of which are making long-term investment decisions right now. One crucial change introduced in the LBTT Act was to replace the old ‘slab’ approach (where overall property values are charged at the same rate) with a progressive approach similar to income tax (where slices of value are charged increasing rates). Q7: We have considerable leeway in using this new power. Do you have any suggestions for us in terms of rates, thresholds or exemptions for domestic transactions? Q8: Do you have any suggestions for us in terms of rates, thresholds or exemptions for commercial transactions? iii. Landfill Tax The smallest of the three SA12 devolved taxes is landfill tax. It is estimated that landfill tax receipts will generate £107m in the year of introduction (2015/16) falling to £40.5m in 2025.2 2 SPICe – Landfill Tax (Scotland) Bill Briefing – 13/32 11 The UK Government introduced landfill tax in 1996 to ensure that landfill waste was properly priced and to discourage the disposal of waste to landfill. It has contributed to a reduction in waste sent to landfill of 59% between 2000 and 2010. In Scotland, the landfill tax will be collected (administered) by SEPA on behalf of Revenue Scotland. Most of this tax is actually paid by local authorities. In 2010/11 £86m out of £97m was paid by councils. Two rates currently exist: £72 per tonne for active waste £2.50 per tonne for inert waste There is relative consensus that the tax works as designed and the Scottish Government has indicated that it broadly intends to keep the same rates regime. Q9: Do you have any suggestions in relation to landfill tax? iv. Borrowing Powers The Scotland Act 2012 enables Scottish Ministers to borrow for capital purposes up to a cumulative maximum of £2.2 billion and a further cumulative maximum of £500 million for revenue spending. Negotiations are ongoing on the exact details of these powers, but there are certain to be limits on how much can be borrowed annually as well as cumulatively. These powers should be fully in place from April 2015. Recently it was announced that the Scottish Government will be allowed to issue its own bonds, provided this is done within the same limits. The 2014/15 draft Budget set out Scottish Government plans for borrowing the full amount of £296 million in capital borrowing in 2015/16, when the powers come in. Q10: What should be our approach to capital and resource borrowing in Scotland? v. Further Taxes One of the most significant provisions in the Scotland Act 2012 is often overlooked. SA12 amended the Scotland Act 1998 to provide for a simpler mechanism that allows further tax devolution and the creation of new taxes (by Order in Council). In practice this means that only subordinate legislation is required for the creation of new taxes. Q11: Should we pursue the creation of any new taxes in Scotland? 12 3. Scottish Expenditure The other side of the coin in the Finance portfolio is where and how money is spent – Scottish Expenditure. The budget for the financial year 2014/15 was passed in February 2014. We have criticised the draft budget for its lack of business support. a) Scottish Resource Spending It is not in the remit of this paper to provide a detailed breakdown of all Scottish spending. The 2014/15 budget spending breakdown (level 4 detail) consists of an overwhelming list of more than 1,000 items of spending across all portfolios. The table we provided above in Section 1 shows a level 2 spending breakdown to give you a rough idea of the spending envelopes per portfolio. We invite you to identify the most appropriate approach you think we should take in looking for budget savings, or indeed whether we should look for budget savings at all. Most importantly, we would appreciate views on whether any budgets should be protected from reductions. For example, despite a focused deficit-reduction strategy the Coalition Government ring-fenced several areas of spending from any cuts, most importantly the NHS. It is worth pointing out that a majority of all the spending in Scotland goes on staff salaries. The public sector pay bill (including pension costs) amounted to £15.2 billion in 2010/11, representing 59 per cent of the Scottish Government’s Resource Departmental Expenditure Limit budget (Resource DEL). The Scottish Government has the authority to determine pay policy in public bodies which are devolved. Together, these bodies account for 82.5 per cent of total public sector employment in Scotland.3 In effect, the Government has direct control of only some of that, with the rest mostly depending on negotiations (pay bargaining). One area of spending which Conservatives traditionally focused on is the spending and organisation of so-called ‘quangos’ – quasiautonomous nongovernmental organisations. These bodies assist in the delivery of public services in Scotland including culture, healthcare, the environment and justice. They have a long history of operation in the UK and have become an established part of public 3 Scottish Government – Independent Budget Review – July 2010 13 sector delivery. In particular, quangos carry out statutory, regulatory and advisory functions and are managed by a Board whose members are directly appointed by Government Ministers.4 It is often argued that there is an accountability deficit due to quangos being unelected and facing limited scrutiny. In 2010 Reform Scotland published Democratic Power in which it looked at the number of quangos over time. Although the number has dropped significantly, much of this was due to mergers, as illustrated by a long term comparison of staff levels: The accountability deficit is highlighted when one considers the amount of money spent on quangos in Scotland. Reform Scotland followed up its 2010 report with another bulletin in December 2013. In it they highlighted that £12 billion was spent on quangos in Scotland in the financial year 2013/14. This is around 34% of the whole Scottish budget. The salaries of Chief Executives in particular highlight a few bizarre situations5: 19 quango Chief Executives are earning as much as or more than the First Minister the Chief Executive of every health body earns as much as or more than that of the Cabinet Secretary for Health and Wellbeing Q12: What approach should we take in looking for savings across the Scottish budget? Are there any areas of expenditure that should be protected from these considerations? Q13: Do you have any other suggestions on where expenditure could be curbed? 4 5 Reform Scotland, Democratic Power, 2010 Reform Scotland, Quango Salaries, 2013 14 b) Scottish Capital Spending Capital spending includes spending on fixed assets, either to create new assets (e.g. roads, bridges) or improve existing assets (e.g. council buildings). This type of expenditure is treated differently in budgets since it is seen as investment for the future, which would return some of the investment in revenue in the long-run. All large-scale investment projects are listed in the National Planning Framework, which is published regularly every five years – NPF 3 was laid before Parliament in January 2014. You can find a list of the proposed projects below. Non-Profit Distributing The much-trumpeted NPD scheme was specifically introduced to replace PFI and PPP projects. Launched in 2010, the Scottish Government promised £500 million annually. Last year, we revealed that the actual spend so far had been £20 million and only 4 out of 49 projects were currently under construction. The excuses used by the Scottish Government, citing problems with the Aberdeen Bypass, the Border Railway and the new Edinburgh Sick Kids hospital, have also proven to be untrue. Publicly-owned assets Alongside capital spending, Scotland still has a significant amount of publicly-owned assets. Some of the smaller airports in the Highlands & Islands are owned by the Scottish Government and more recently Prestwick Airport was nationalised for a symbolic £1. 15 In contrast with England, Scottish Water is a publicly-owned company, which was not privatised in 1989. Its estimated asset value is around £5.4bn, but it also carries an estimated £2.7bn debt. Several options exist for Scottish Water reform – mutualisation, public benefit company or privatisation – with our favoured mutualisation approach (making customers owners) releasing around £120m annually to be used elsewhere. There are also large numbers of buildings and land owned by local authorities or other public bodies, especially in the NHS. One of the options for these assets is to allow community bodies to take them into community ownership and bring them back into use. Provisions that would allow for this are included in the Community Empowerment and Renewal Bill. Similar provisions were introduced in England and Wales by the Coalition Government’s Localism Act 2011. Q14: What capital infrastructure projects would you like to see in the next NPF? Q15: Do you have any comments on the operation of the NPD scheme? Q16: Do you have any suggestions on our approach to publicly-owned assets? Feel free to give us specific examples. 16