Local Authority round up 27/09/19

Brexit

Geoffrey Cox says Government acted in “good faith”

Attorney General Geoffrey Cox told MPs that the Government acted in “good faith” in suspending Parliament and whilst he was “disappointed” in the Supreme Court’s decision, he respected the judgment.  The Attorney General said the Government believed its approach had been “both lawful and constitutional”, but he would “consider over the coming days whether the public interest may require a greater disclosure” of his advice after the SNP’s Joanna Cherry urged Mr Cox to publish the legal advice he gave the Government ahead of the suspension.

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SNP calls for no confidence vote to remove Johnson

SNP’s Westminster leader, Ian Blackford, has urged opposition parties to back a no confidence motion to remove Boris Johnson after the Supreme Court ruling that his suspension of Parliament was unlawful.  If the no confidence vote was successful then he did not rule out Jeremy Corbyn taking the role as a “caretaker” Prime Minister until a general election was held.  He said “We need to make sure we can remove him but a manner which is safe, and we can do that by having a motion of no confidence, and we seize the initiative and move quickly to have an election safe in the knowledge that the extension to the Article 50 process is going to be granted.  This is a Government that shut Parliament down unlawfully and they need to be removed. We need to have that motion of no confidence in a timely manner.”

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Jeremy Corbyn leads calls for Boris Johnson to resign

Following the decision of the Supreme Court that Boris Johnson’s prorogation of Parliament was unlawful, Jeremy Corbyn has said Mr Johnson should “consider his position” and has called for him to resign.  Opposition MPs, including the SNP and some Labour MPs, have said that they plan to use the first session of Parliament to hold Mr Johnson to account for his actions and potentially to begin moves to oust him as Prime Minister if he does not resign.  The SNP’s Westminster leader Ian Blackford said “The opposition has to do its job – we need to remove him and we need do that through a motion of no confidence, leading to a general election.  It has to come quickly, we have to seize the moment, we cannot leave him in office, he has to be removed.”

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Supreme Court rules suspension of Parliament was unlawful

Boris Johnson suspended Parliament for five weeks in order to prepare his Government’s new policies in a Queen’s speech, the Supreme Court has now ruled that that decision was unlawful.  The decision was reached unanimously by the 11 justices.  In delivering the decision the Supreme Court’s President, Lady Hale, said “The decision to advise Her Majesty to prorogue Parliament was unlawful because it had the effect of frustrating or preventing the ability of Parliament to carry out its constitutional functions without reasonable justification” and the Government has provided no justification for it.  This does not prevent Mr Johnson from proroguing Parliament again but he must ensure that it does not stop Parliament from carrying out its duties “without reasonable justification.”  Lady Hale also added that it was important to emphasise the case was “not about when and on what terms” the UK left the EU, but about the decision to suspend Parliament.  Speaker of the Commons John Bercow said MPs needed to return and that whilst the Prime Minister’s questions would not go ahead, there would be “full scope” for urgent questions, ministerial statements and applications for emergency debates.

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Corbyn’s Brexit policy triumphs at Labour conference

Jeremy Corbyn’s Brexit policy to stay neutral while negotiating a new deal has been agreed at the Labour conference with the party voting against a motion which would have seen Labour backing Remain in any future referendum.  Under the party’s draft plan for its Brexit policy, put forward by Jeremy Corbyn, it is suggested that, if Labour wins power in a general election, it would remain neutral while negotiating a new deal with the EU within three months.  It would then hold a referendum within six months and the party would decide which side to back ahead of that at a special conference.

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Stephen Barclay says the UK and EU share a “common purpose”

Following a meeting with chief EU negotiator Michel Barnier in Brussels, Brexit Secretary Stephen Barclay has said that things were “moving forward with momentum” but “lots of work has to be done in the next few days.”  He said that both the UK and EU share a “common purpose” in reaching a new withdrawal deal which follows European Commission President Jean-Claude Juncker saying a new Brexit deal could still be reached by the 31 October deadline.

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Prime Minister to discuss Brexit at UN’s annual General Assembly

Next week Boris Johnson will attend the UN’s annual General Assembly to meet world leaders including Donald Trump, Emmanuel Macron and Angela Merkel and will discuss Brexit.  He noted that one of his priorities for the upcoming meeting was “how post-Brexit Britain will be a better place to invest in and live in.”

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Commercial

Unitary authorities in Northamptonshire announced

The Government has confirmed that eight existing councils will be dissolved and replaced by two unitary councils in Northamptonshire with one for North Northamptonshire and one for West Northamptonshire.  The legislation which will allow this is expected to be in Parliament this autumn and the councils are expected to be fully operational by 1 April 2021.

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Government announces £10 million boost for coastal communities

The Government has announced it will provide more than £10 million for five towns under its Coastal Communities Fund.  The latest projects are forecast to support nearly 1,000 jobs and attract up to £7.9 million in additional investment from public and private sector sources in places from Cumbria to Kent to create jobs, boost tourism, improve transport and protect much-loved coastal heritage sites.  Minister for the Northern Powerhouse and Local Growth Jake Berry said “Ensuring our coastal towns have the support they need to thrive is at the heart of this Government’s plan to level up every part of the UK.  Building on our £228m investment into coastal communities, the projects receiving funding today were designed by local people who know best what will bring the biggest benefit to their community.”

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LGA calls for Government to address replacement EU funding

Following an announcement earlier in the year in which the Government said that the UK Shared Prosperity Fund (UKSPF) would replace EU funding, it has still yet to consult on what those plans would be and the LGA is now urgently requesting the Government to publish its consultation.  Without replacement funding plans in place local areas are not able to plan for longer term investment in infrastructure and growth in their local economies.  Cllr Kevin Bentley, Chairman of the LGA’s Brexit Taskforce, said “Councils desperately need long-term certainty around how the UK will replace vital EU regional aid funding. A fully-funded, locally-driven UKSPF is central to improving people’s lives, supporting local businesses and boosting the national economy.  Without further clarity, growth and investment in local areas is at risk.”

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Regulatory

ClientEarth targets councils

Environmental campaign ClientEarth has written to 105 councils threatening them with legal action if their local plan policies fail to meet carbon reduction laws.  The letters to councils said strategies which do not include “evidence-based carbon reduction targets” or which “fails to demonstrate consistency with robust local targets will be unlawful and at risk of legal challenge.”  It invited the authorities to “put your area on a credible path to achieving net zero emissions by setting robust carbon reduction targets and integrating them throughout your local plan.”  The campaign group has already won three cases against the UK Government over air pollution levels.

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New accessibility regulations come into force

The Public Sector Bodies (Websites and Mobile Applications) (No. 2) Accessibility Regulations 2018 has now come into force which means that public sector websites published on or after 23 September 2018 have a legal duty to make sure websites and apps meet accessibility requirements.  They must be compliant by 23 September 2019. Any websites due to be published after this date must be compliant before going live.  Public sector websites published before 23 September 2018 must be compliant by 23 September 2020.  Apps need to meet the regulations by 23 June 2021.

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Planning and housing

National Housing Federation publishes ‘state of the nation’ report on housing crisis

The National Housing Federation (NHF) have released a report on the housing crisis which reports that more than 8 million people in England are living in unaffordable, insecure or unsuitable homes in all parts of the country, which is nearly double the number of people on the Government’s official waiting list.  It reveals that more than 3.6 million people are living in overcrowded homes, 2.5 million people can’t afford their rent or mortgage and 2.5 million adults are living with relatives or friends because they can’t afford to move into their own home.  It reports that 340,000 new homes are needed each year, including 145,000 social homes, in order to meet the housing demand.  Kate Henderson, Chief Executive at the NHF, said “This crisis cannot be solved by tweaks around the edges of the housing market. What we need is a return to proper funding for social housing, to the levels last seen under Churchill. Investing in housing is a win-win for the Government – it would bring down the housing benefit bill, provide everyone with a secure and stable start in life, and kick start an economic boom creating thousands of jobs.”

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LGA responds to NHF report

Responding to the NHF ‘state of the nation’ report,’ the Local Government Association’s housing spokesman, Cllr David Renard, said “The findings of this report reinforces how critical it is for the Government to use the Queen’s Speech to give councils the powers and funding they need to get building the social housing the country desperately needs.  The last time the country built more than 300,000 homes a year was 1977/78, when councils built 44 per cent of them. Latest figures show councils built just over 2,500 homes last year – the highest level since 1992 – but need to be able to do so much more.”

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Increase in barn conversions causes concerns

Over the last three years there has been an increase of barn and farm buildings being converted into homes by almost 230% which has caused concerns as many do not require planning permission and therefore councils are unable to make sure that they are being built to high standards with the necessary infrastructure in place.  The LGA is concerned that the local areas are not being provided with the local services or affordable housing they need and is calling on the Government to use the Queen’s Speech to commit to scrapping the permitted development right for all property types and for local communities to be given oversight of all new developments and building conversions in their area.

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Upcoming seminars

As you may well know we run a programme of seminars on a wide range of topics. Listed below are those seminars coming up which we feel may be of interest to you. Please click on the links for further information and to book your place. You can see our full programme of upcoming events by clicking here.

Housing Management Law School – Autumn Term 2019

Join us at the next Ward Hadaway Housing Management Law School taking place this Autumn. Autumn term will bring with it a brand new programme where our social housing experts will update you on the most recent news and topics that you need to know about from both a legal and practical perspective.

Wednesday 9th October (Newcastle)

Thursday 10th October (Leeds)

Thursday 17th October (Manchester)

HR and employment law update

Hear from Ward Hadaway’s employment specialists who will ensure that you are kept up-to-date with the latest developments in employment law.

Thursday 28th November (Middlesbrough)

If you have any questions about the issues raised in this update, please do not hesitate to get in touch.