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(Clauses 1, 4, 8, 189 and 209, Schedules 1, 23 and 33, and certain new Clauses and new Schedules relating to value added tax)

We have had a thoughtful and impassioned debate this evening, and I am pleased to have the opportunity to set out the Government's case for addressing some of the anomalies within the VAT system. In the time available, I will try to address as many points as possible, but I hope the House will forgive me if I do not take many interventions, so that I can cover as much ground as possible. Let me begin with hot takeaway food. The current rules on the VATability of such food have been made complex and unfair by a patchwork of different legal decisions taken over the decades. The definition of hot takeaway food has been in place since 1984, and it applies to food that"““has been heated for the purposes of enabling it to be consumed at a temperature above ambient air temperature””" and that is"““above that temperature at the time it is provided to the customer””." There have been repeated efforts since the 1980s, however, to chip away at this boundary. A number of businesses have argued in litigation that although the food they may provide to their customers is hot and is taken away, it should not be taxed as hot takeaway food, but should instead be zero-rated. Some have argued successfully that their intention was not to provide their customers with food to be eaten hot, but that they heated their food for other reasons instead—for hygiene reasons, or to finish the cooking process, or to provide evidence of freshness, or to create an aroma or to improve appearance, crispiness or texture.