VAB70 Robert Griffith Roberts

Senedd Cymru | Welsh Parliament

Y Pwyllgor Cyllid | Finance Committee

Bil Llety Ymwelwyr (Cofrestr ac Ardoll) Etc. (Cymru) | Visitor Accommodation (Register and Levy) Etc. (Wales) Bill

Ymateb gan Robert Griffith Roberts | Evidence from Robert Griffith Roberts

General principles

1. What are your views on the general principles of the Bill and the need for legislation to deliver the Welsh Government’s stated policy objective, which is to:

§    ensure a more even share of costs to fund local services and infrastructure that benefit visitors between resident populations and visitors;

§    provide local authorities with the ability to generate additional revenue that can be invested back into local services and infrastructure to support tourism;

§    support the Welsh Government’s ambitions for sustainable tourism?

(We would be grateful if you could keep your answer to around 500 words).

The objectives seem laudable

The Bill’s implementation

The Regulatory Impact Assessment is set out in Part 2 of the Explanatory Memorandum (https://senedd.wales/media/g5ipwvwh/pri-ld16812-em-e.pdf). This includes the Welsh Government’s assessments of the financial and other impacts of the Bill and its implementation.

2. Are there any potential barriers to the implementation of the Bill’s provisions? If so, what are they, and are they adequately taken into account in the Bill and accompanying Explanatory Memorandum and Regulatory Impact Assessment?

(We would be grateful if you could keep your answer to around 500 words).

1) Main barrier is the justification in charging a levy on minors, which could very well be open to legal challenge on a number of grounds.

    Even the Poll Tax was an adult only charge.

2) Presumably the levy will only be payable on "stay" and not on booking.

3. Are any unintended consequences likely to arise from the Bill?

(We would be grateful if you could keep your answer to around 500 words).

1) Could disadvantage Parks close to the English border.

2) In its present form it would discriminate against larger families.

3) It does add to administrative burden of administering the levy and could mean rewrites of computer software.

4. What are your views on the Welsh Government’s assessment of the financial and other impacts of the Bill?

(We would be grateful if you could keep your answer to around 500 words).

My understanding is that the worse-case scenario is 390 FTE job losses across the sector.

How does this translate into cost and has a cost/ benefit analysis of the bill's implementation been published?

Subordinate legislation

The powers to make subordinate legislation are set out in Part 1: Chapter 5 of the Explanatory Memorandum (https://senedd.wales/media/g5ipwvwh/pri-ld16812-em-e.pdf).

The Welsh Government has also set out its statement of policy intent for subordinate legislation (https://business.senedd.wales/documents/s155951/Statement%20of%20Policy%20Intent.pdf).

5. What are your views on the balance between the information contained on the face of the Bill and what is left to subordinate legislation? Are the powers for Welsh Ministers to make subordinate legislation appropriate?

(We would be grateful if you could keep your answer to around 500 words).

The balance between information contained on the face of a Bill and subordinate legislation is surely of a technical nature and should be left for people experienced in these matters to decide.

The Bill should be concerned with principles, amounts charged, and methods of collecting the levy e.g. would it be collected quarterly in the same manner as VAT (for those registered), and would there be group registration with one return & payment for multiple unit establishments.

 

Other considerations

6. Do you have any views on matters related to the quality of the legislation?

(We would be grateful if you could keep your answer to around 500 words).

1. Children should not be taxed.

2. The Vat situation on the levy should have been established beforehand - you simply cannot have some accommodation providers charging vat on the levy and others not.

3. The levy should either be applied to every visitor accommodation in Wales or not at all. There should be uniformity.

4. The levy should apply to overnight motorhome accommodation (aires) operated by local authoroties and temporary campsites under permitted development rights i.e. there should be no exceptions and opt-outs, and all accommodation providers should be licensed.

5. Caravan Parks already have site licenses and theses licenses should incorporate the registration requirements of the Act - with no additional administrative requirements.

7. On 26 November, the Cabinet Secretary wrote to the Finance Committee with some indicative additional registration and enforcement provisions (https://business.senedd.wales/documents/s155952/Letter%20from%20the%20Cabinet%20Secretary%20for%20Finance%20and%20Welsh%20Language%20Indicative%20Stage%202%20amendments%20that%20.pdf) he intends to bring forward at Stage 2 of the legislative process (https://senedd.wales/NAfW%20Documents/Assembly%20Business%20section%20documents/Guide%20to%20the%20Legislative%20Process/Guide_to_the_Legislative_Process-eng.pdf).

Do you have any views on the indicative additional registration and enforcement provisions the Welsh Government intends to bring forward at Stage 2?

(We would be grateful if you could keep your answer to around 500 words).

It is not clear what "special circumstances" referred to in Section 7D of the letter means. It is open to subjectivity and argument.

8. Are there any other issues that you would like to raise about the Bill, the accompanying Explanatory Memorandum and Regulatory Impact Assessment, or any related matters?

(We would be grateful if you could keep your answer to around 500 words).

Main issue is taxation of children and ensuring that the proposed legislation applies to every accommodation establishment uniformly across Wales.