Local Authority round-up 23/10/20

Brexit

European Council conclusions call on UK to move to reach deal

The European Council has published its conclusions on the EU leaders’ discussions on the future UK-EU relationship at the end of the first day of the two-day summit. EU leaders expressed concern that there was still insufficient progress on the key issues to reach an agreement. It said that more work needs to be done, particularly on the issues of a level playing field, governance and fisheries. While the EU was determined to reach a deal and have as close as possible a partnership with the UK, it would not be “at any cost”, as President Michel remarked after the meeting. The European Council called on the UK to “make the necessary moves to make an agreement possible.” The European Council called for all member states, EU institutions and stakeholders to increase their work on preparedness and readiness for all outcomes, including no agreement. It also invited the Commission to consider proposing unilateral and time-limited contingency measures.

For more information please click here.

House of Commons rejects House of Lords amends to Agriculture Bill

The House of Commons debated the House of Lords-proposed amendments to the Agriculture Bill but rejected them, including the amendments to strengthen the role of the Trade and Agriculture Commission (TAC). Of the numerous suggested changes and over 125 proposed amendments that were put forward by the House of Lords, only a handful were moved to a vote to be returned to the House of Commons for inclusion in the Agriculture Bill. The procedure under the Parliament Act 1911 was evoked by the Government to state that the House of Lords could not pass legislation concerning the authorisation of expenditure. The Government stated that the amendment tabled by Lord Curry, which strengthens the operation of the Trade Standards Commission, would result in further public expenditure. TFA Chief Executive, George Dunn, said “This is a shocking piece of political chicanery to prevent MPs from a vote on this important piece of legislation. Over a million people signed a petition earlier in the year calling on the Government to ensure the strongest standards in trade and it is an issue for which there has been cross-party support.” The Agriculture Bill will now be returned to the Lords with the Commons Reasons for their disagreement.

For more information please click here.

Businesses urged to begin preparations for end of Brexit transition period

Business Secretary Alok Sharma has made a statement reminding UK businesses that the ”vast majority” of actions can be taken now to prepare for the end of the Brexit transition period on 31 December 2020. Mr Sharma stated that some changes, including the process for hiring people from the EU, are guaranteed and outlined certain preparations, such as ensuring staff register for residency rights, that should be made as soon as possible. He also announced that he will be writing to 600,000 firms across the UK to remind them of the upcoming changes.

For more information please click here.

Government extends power to depart from retained EU case law

The Government has laid the European Union (Withdrawal) Act 2018 (Relevant Court) (Retained EU Case Law) Regulations 2020 (Regulations) before Parliament, together with a draft explanatory memorandum. The Regulations extend the power to depart from retained EU case law after the end of the transition period to specified appeal courts (relevant courts), including the Court of Appeal in England and Wales, the Inner House of the Court of Session and the Court of Appeal in Northern Ireland under regulations 3 and 4(1). This power, which is engaged when the court is interpreting retained EU law, had been vested only in the Supreme Court and the High Court of Justiciary in Scotland under section 6 of the European Union (Withdrawal) Act 2018. It also establishes that the relevant courts must, when deciding whether to depart from retained EU case law, apply the same test as the Supreme Court would apply in deciding whether to depart from its own case law, namely where it considers it “right to do so”. It further affirms the existing rules of precedent between decisions of the domestic courts.

For more information please click here.

Trade talks resume

The EU’s chief negotiator Michel Barnier arrived in London this week, for the first time since late September, to resume face-to-face trade talks with the UK after negotiations stalled last week after a summit in Brussels where EU leaders called on the UK to “make the necessary moves” towards a deal. Intensified talks are due to take place daily until Sunday in order to try to reach an agreement before the end of the transition period with subsequent negotiations planned in both Brussels and London. Mr Barnier said “compromises on both sides” were needed whilst the UK said “significant gaps” remain in the most difficult areas. They have agreed that “nothing is agreed” until progress has been reached in all areas and the key areas of disagreement currently are fishing rights, post-Brexit competition rules and how any deal would be enforced.

For more information please click here.

Video: Employing EU national post Brexit transition

An internationally diverse workforce is the norm in many sectors, as easy access to non-UK nationals has enriched the talent pool. Freedom of movement within the EU has increased competitiveness, and sharpened everyone’s focus, employers’ and employees’ alike. But will this change next year when the transition period comes to an end, and what do businesses need to consider when recruiting and building the best workforce in the future?

In this video immigration specialist Flora Mewies enlightens us about the post Brexit landscape.

Click here to view.

Commercial

Council funding allocations announced

Local Government Secretary Robert Jenrick has confirmed allocations for individual councils from the £1 billion of additional support announced by the Prime Minister earlier this month. He announced that £900 million will be provided directly to councils to provide ongoing support during the coronavirus pandemic. All councils will receive a minimum of £100,000 with funding allocations based on levels of population and deprivation, whilst also considering the amount of funding each council has received from the Government so far. The remaining £100 million will form a new fund which will support council leisure centres with further details of the scheme yet to be announced. Mr Jenrick said “This extra £1 billion funding will ensure that councils have the resources that they need over the winter and continue to play an essential role on the front line of our response to the virus while protecting the most vulnerable and supporting local businesses.”

For more information please click here.

Changes to the Job Support Scheme announced

Chancellor of the Exchequer Rishi Sunak has announced changes to the Job Support Scheme which will replace the furlough scheme in November. With more areas being placed in Tier 3 restrictions, the changes build on agreements reached with councils in those areas to provide further support. Under the revised scheme, employer contributions will be reduced to those unworked hours to just 5%, and reduces the minimum hours requirements to 20%, so those working just one day a week will be eligible. The Government will continue to provide up to 61.67% of wages for hours not worked. Grants for the self-employed will also be doubled from 20% to 40% meaning the maximum grant will increase from £1,875 to £3,750. He further announced cash grants of up to £2,100 per month primarily for businesses in the hospitality, accommodation and leisure sector who may be adversely impacted by the restrictions in high-alert level areas. This funding will be provided to councils based on the number of hospitality, hotel, B&B, and leisure businesses in their area. Councils will also receive a 5% top up amount to these implied grant amounts to cover other businesses that might be affected by the local restrictions, but which do not neatly fit into these categories and it will be for councils to determine which businesses are eligible for grant funding in their local areas, and what precise funding to allocate to each business.

For more information please click here.

To view our FAQs on the Job Support Scheme, please click here.

Regulatory

Calls to pause enforcement of council tax arrears in Tier 3 areas

Citizens Advice is calling for a pause on the enforcement of council tax arrears in Tier 3 areas. It is calling on the Government to make changes so that councils in Tier 3 areas should not be required to enforce the collection of council tax debts. It also wants councils to be given one-off funding to help support people behind on their council tax. The charity warned that millions of people are at risk of falling behind on vital bills due to a lack of national protections in areas with the highest level of coronavirus lockdown. Dame Gillian Guy, chief executive of Citizens Advice, said “Some regulators, like Ofgem, have been proactive in strengthening protections as we enter what is likely to be a hard winter for many. In other sectors, help for people living in the areas of strictest lockdown is confusing, inconsistent and, in some areas, inadequate. As more parts of the country move into the highest tier of coronavirus restrictions, a renewed package of protections and support is vital to keep people living there from falling into further debt.”

For more information please click here.

Planning and housing

Details of Affordable Homes Guarantee Scheme released

Housing Minister Rt Hon Christopher Pincher MP has announced that Investment management firm ARA Venn will manage the Government’s new £3 billion Affordable Homes Guarantee Scheme. Under the scheme, ARA Venn will provide cost-effective long-term loans to registered providers in order to deliver new affordable homes. The scheme will be formally opened for applications in the coming weeks, with the first loans to be delivered next year, and further details will be published in due course. Mr Pincher said “Ensuring everyone has the opportunity to access a secure, affordable home is central to the mission of this Government and our £3 billion Affordable Homes Guarantee scheme will play a vital part in achieving this.”

For more information please click here.

HCLGC launches inquiry on Government’s planning reform proposals

The Housing, Communities and Local Government Committee (HCLGC) has launched an inquiry to investigate the Government’s proposals on reforming the planning system. HCLGC will be investigating how effective the proposed reforms are to support the Government’s wider strategy, which includes building 300,000 new homes a year as well as ensuring that the construction is of high quality that is fit for purpose. HCLGC will also examine the mechanism that is being produced to allow local engagement in the planning system. A call for evidence has been launched on the Government’s proposed reforms on the planning system. The closing date for submissions is 30 October 2020.

For more information please click here.

Government publishes supported housing statement of expectations

The Department of Work and Pensions and the Ministry of Housing, Communities and Local Government jointly published Supported housing: national statement of expectations. It comprises non-statutory guidance to councils, providers and other local partners in the planning, commissioning and delivery of supported housing for groups including older people, people with disabilities, people with support needs and people who are at risk of or who have experienced homelessness (among others). The guidance includes guidelines on “what good looks like” in supported housing and examples of assessing local needs and delivering accommodation that is good quality and value for money.

For more information please click here.

Upcoming webinars

The UK’s post-Brexit immigration system – recruiting and retaining talent from 1 January 2021

The UK’s new immigration system is due to be introduced from 1 January 2021 and this will apply to both EU and non-EU workers.

The way in which organisations recruit from overseas is going to change so join our immigration experts on Tuesday 3rd November at 10am for a Zoom webinar.

For further information and to book please click here.

Brexit webinar: Trading Agreements and Intellectual Property

On 3rd November 2020 at 12 pm, we will have the second in our series of Brexit webinars. Contract law specialist Steven Roper and IP expert Bill Goodwin will discuss the implications of Brexit for trading agreements and intellectual property. This will cover things such as what changes you should make to your contracts, how to deal with the legal implications of disruption to your supply chain, and enforcement of contracts against EU trading partners after 1 January 2021, as well as the impact and implications of Brexit for Intellectual Property.

Click here to register.

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