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Local Authority round-up 08/11/19

Our Local Authority round up provides brief summaries of topical information on a weekly basis, to keep you aware of the changes and updates relevant to you.

Brexit

Election campaign officially begins

The Prime Minister met with the Queen on the 6 November 2019 marking the official start of the election period ahead of the 12 December election. Their meeting was for the Queen to sign a royal proclamation confirming the end of the last Parliament. Parliament was formally shut down just after midnight meaning all MPs revert to being members of the public whilst Government ministers keep their post. The parties will now begin their five week campaign to win the election. Boris Johnson said he did not want the election, but that “we simply have no choice. There is only one way to get Brexit done, and I am afraid the answer is to ask the people to change this blockading Parliament.”

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Parties continue to clash over Brexit

Conservatives and Labour are already clashing over Brexit promises. If they win the election Labour promise to fulfil Brexit within six months by getting a better deal and then putting it to the public in another referendum, with a deadline of holding the vote next summer. Labour would look to negotiate a deal which maintains a close trading relationship with the EU, staying in a customs union and keeping close alignment to the single market so the UK would be able to continue trading with the EU without tariffs. Labour believes it would take no longer than three months the renegotiate the current Brexit deal. The Conservatives meanwhile have committed to negotiate a new free trade deal with the EU in just over a year but this has also faced scrutiny given the time it took for the EU to conclude a free trade deal with Canada.

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“The Brexit process has gone on too long already” says Juncker

Speaking in relation to the current election process and the details of the Brexit plans being put forward by the parties, Jean Claude Juncker has said that thought Brexit would happen by the end of January however he raised issue with Boris Johnson’s claims that a new post Brexit trade deal could be negotiated in less than a year saying “Just look at the free trade deal the EU negotiated with Canada. That took seven years.” In response to the promise by the Labour Party to renegotiate the Brexit deal with the EU once again if it won the election, Mr Juncker said he didn’t think Labour’s pledge was a realistic prospect, although he pointed out it was for the next European Commission chief to decide if there was any flexibility to reopen the Withdrawal Agreement once again.

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UK and Switzerland agree transitional agreement

The UK and Switzerland have agreed a transitional agreement for social security after the UK leaves the EU which will protect existing social security coordination arrangements meaning the UK and Swiss citizens are safeguarded regardless of the outcome of Brexit. It will apply from the day that the United Kingdom exits the EU. This agreement will not suspend or supersede the UK-Swiss Citizens’ Rights Agreement but it will mean that social security rights will be protected for a transitional period between exit day and the end of December 2020 in the event that the UK leaves the EU without a deal. Brexit Minister James Duddridge said “This agreement ensures that UK nationals moving or travelling to Switzerland after we leave, and Swiss nationals moving or travelling to the UK, will have the same social security protections they currently do for a transitional period after exit.”

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Commercial

Digital Fund provides council funding

The Ministry of Housing, Communities and Local Government’s Local Digital Fund is awarding council’s over £500,000 for projects exploring the use of digital technology to improve local public services. Seven digital technology projects have received grants of up to £100,000 to improve the efficiency of the planning system, predict demand in children’s social care and enable better information sharing to drive improvements in local services. The fund is also paying for in digital skills and leadership training for council staff. Local Government Minister Luke Hall MP said “Councils across the country are working to embrace digital technology to adapt, innovate and drive improvements in public services for their residents.”

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Funding boost for councils to deliver free childcare places

The Government announced as part of its spending review that council’s will receive a funding boost to deliver free childcare places to enable parents to work more flexibly and support children’s early development. The investment will also help to ensure that nurseries and childminders can support some of the most disadvantaged children. Education Secretary Gavin Williamson said “Over one million children every year are now benefitting from the Government’s record investment in childcare and early years education – which will have reached £3.6 billion by next year. This will give families the flexibility they need to be able to balance their work and family lives.”

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Regulatory

Councils urged to take advantage of electric car funding

Transport Secretary Grant Shapps has written to councils across the country, urging them to take advantage of £5 million funding on offer to build up their electric car charging infrastructure and to increase local access to chargepoints for drivers. There are still over 100 councils with fewer than 10 public charging devices per 100,000 population and the Government wants councils to know that they have a key role to play in making electric vehicles convenient in order to increase their use to improve air quality and drive down emissions. Grant Shapps said “I urge local councils to take advantage of all the Government support on offer to help ensure drivers in their area don’t miss out. To help increase the provision of charging locations, the Government is offering grants for the installation of chargepoints on the street, in work and at home. We are also offering grants to lower the upfront cost of these cars so everyone is able to experience the benefits.”

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LGO criticises London councils for recovery of business rates debt

The Local Government and Social Care Ombudsman (LGO) has criticised two London councils for the way they tried to recover historic business rate debts. LGO ombudsman, Michael King, said “While councils have every right to pursue people who do not pay their tax or business rates, they should also do this without undue delay and not let debts drift to such an extent. Any decision to pursue an historic debt should be based on sound evidence it is fair, appropriate and reasonable to do so. To take someone to court for bankruptcy is a very serious matter and, in the Haringey case, the council based its decision on a flawed assessment. This has had significant financial and emotional consequences for the woman. I now call on both authorities to consider my recommendations and accept the improvements I have recommended they make.”

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LGA calls for clearer labelling on products to help recycling

The Local Government Association (LGA) is calling for clearer labelling on all products and increased charges for hard to recycle products to help councils improve recycling rates. Cllr David Renard, LGA Environment spokesman, said “Councils want to increase recycling rates. Clearer labelling and increased charges for hard to recycle products would help councils, manufacturers and the public be part of a vital recycling revolution.” Councils are currently maintaining recycling rates at around 45% against a target of recycling at least 50% of household waste by 2020 however if labelling was made clear on packaging it would make it easier for people to know what can be recycled and help to increase the recycling rates. The LGA has also recommended measures to charge manufacturers more for packaging which is more difficult to recycle so they switch to recyclable alternatives and the increased revenue could be invested in waste collection and recycling services.

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Planning and housing

Government developing a construction industry which will deliver zero carbon homes

Housing Minister Esther McVey announced a £30 million boost for ‘Construction Corridor’ as part of plans to create an industry that will deliver Carbon Free Homes, and an industry that will create jobs & career opportunities for a new workforce. The £30 million is being allocated from the Home Building Fund, a £4.5 billion fund delivered by Government housing agency Homes England and will be used to promote modern methods of home building in the ‘Construction Corridor’ in the North of England. The funding will go to top construction firms like ilke Homes who by next year are expected to make 2,000 modular homes which is expected to rise to 5,000 homes a year within the next 5 years. Housing Minister Esther McVey MP said “The North of England has the potential to lead the world in the modern methods of construction that are transforming home building. An industry that when matured would be worth £40 billion a year and provide up to 80,000 jobs.”

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£250 million funding from the Housing Infrastructure Fund

The Chancellor announced more than £250 million funding from the Housing Infrastructure Fund to pay for roads, schools, public transport and utilities in six places across the Midlands, the East of England and South East. The funding will ensure that over 20,000 new homes can be built in areas of high demand with access to the vital infrastructure they need. Housing Secretary Rt Hon Robert Jenrick MP said “This Government is committed to building the homes this country needs, so that more people can realise the dream of owning their own home. This £250m funding will ensure that communities have the right infrastructure to enable new homes to be built, such as road and transport improvements.”

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Towns Fund prospectus paves the way for a new generation of Town Deals

Communities and Local Government Secretary Rt Hon Robert Jenrick MP announced £16.4 million of funding to help councils access £3.6 billion Towns Fund to regenerate town centres, boost businesses and improve infrastructure. The Towns Fund prospectus provides information to councils in 100 places chosen to pioneer Town Deals who will receive a share of £16.4 million capacity funding to kick-start their innovative plans.  Each place will have the opportunity to bid for funding of up to £25 million as part of the Government’s £3.6 billion Towns Fund. Minister for the Northern Powerhouse and Local Growth Rt Hon Jake Berry MP said “Together we can build on the billions of pounds the Government has already invested in our towns and the thousands of new jobs and businesses it has delivered, to level up these places across the Northern Powerhouse and beyond.”

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Investigation finds no starter homes have been built yet

A report by the National Audit Office (NAO) has found that none of the Government’s planned starter homes have been built yet as the legislation has not been implemented. In 2014 the Government pledged to build 200,000 starter homes to be sold at a 20% discount to first-time buyers under the age of 40 but the report found that not one starter homes has been completed as most of the budget has been reallocated to other housing funds. Spending so far is predicted to create 1,268 affordable homes and 3,907 market homes but whilst some developers have marketed discounted properties as ‘starter homes’, they do not necessarily meet the criteria to be classed as starter homes as defined in the legislation yet to come into force.

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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.

Public Sector Property update

Our legal experts will ensure you are kept up-to-date with the latest developments and changes affecting property, land and estates in the Public Sector.

Thursday 21st November (Newcastle)

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.

Please note that this briefing is designed to be informative, not advisory and represents our understanding of English law and practice as at the date indicated. We would always recommend that you should seek specific guidance on any particular legal issue.

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