Local Authority round-up 18/03/18

Brexit

MPs vote to extend Article 50

On 14 March 2019 members of Parliament voted in favour of the Government seeking an extension to the Brexit process by 413 to 202 votes. This means the UK may not now leave on 29 March 2019, as previously planned. Most Conservative MPs voted against delaying Brexit, including 7 cabinet members, meaning Theresa May had to rely on Labour and other opposition votes to get it through. Mrs May says Brexit could be delayed by 3 months, to 30 June, if MPs back her deal in a vote next week. If they reject her deal again then she says she will seek a longer extension, but any delay would need the “unanimous agreement” of the 27 other EU member states.

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MPs vote to reject a no-deal Brexit

On 13 March 2019, the House of Commons (HoC) rejected the idea of UK leaving the EU without a deal,  by 321 to 278, a majority of 43. Speaking after the result of the vote, Theresa May said: “The legal default in EU and UK law is that the UK will leave without a deal unless something else is agreed. The onus is now on every one of us in the House to find out what that is”. Responding to the votes, the British Chambers of Commerce said: “It’s all well and good that Parliament has said it doesn’t want a no-deal exit, but without concrete action, its gestures are meaningless for business. A messy and disorderly exit on March 29th is still a clear and present danger”.

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HoC rejects Brexit deal in second “meaningful vote”

On 12 March 2019, in the second “meaningful vote”, the HoC rejected the Government’s approval motion concerning the Withdrawal Agreement and the framework for a future relationship (political declaration) by 149 votes. In a statement after the defeat, Mrs May said the choices facing the UK were “unenviable”, but because of the rejection of her deal, “they are choices that must be faced”.  Labour leader Jeremy Corbyn responded by saying that Mrs May should now call a general election. Meanwhile, EU’s Chief Brexit Negotiator Michel Barnier tweeted: “The EU has done everything it can to help get the Withdrawal Agreement over the line. The impasse can only be solved in the UK. Our ‘no-deal’ preparations are now more important than ever before”.

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Attorney General says legal risk of UK being tied to the EU “remains unchanged”

The Attorney General, Geoffrey Cox, has written to the Prime Minister setting out his legal opinion on the Joint Instrument and Unilateral Declaration concerning the Withdrawal Agreement. In his advice, Mr Cox said: “the legal risk remains unchanged” namely that if a post-Brexit trade agreement cannot be reached due to “intractable differences”, the UK would have “no internationally lawful means” of leaving the backstop without EU agreement. However, he added that the new assurances secured by the Theresa May did “reduce the risk that the UK could be indefinitely and involuntarily detained” in the Irish backstop, if talks on the two sides future relationship broke down due to “bad faith” by the EU.

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Government publishes temporary tariff regime for a no-deal Brexit

The Government has published details of the UK’s temporary tariff regime for a no-deal Brexit, designed to minimise costs to business and consumers while protecting vulnerable industries. The Government published this information ahead of the vote in Parliament on a no-deal to ensure MPs were fully informed. Under the temporary tariff, 87% of total imports to the UK by value would be eligible for tariff free access. Tariffs would still apply to 13% of goods imported into the UK. This includes, amongst others, a mixture of tariffs and quotas on beef, lamb, pork, poultry and some dairy products to support farmers and producers who have historically been protected through high EU tariffs.

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Government assigns ‘critical goods’ to Government-secured freight capacity

The Government has confirmed that the contracts it has in place with Brittany Ferries and DFDS securing additional freight capacity, are intended to support the supply of Category 1 goods, which are currently reliant on the short strait (covering Dover, Folkestone, Calais, Dunkirk and Coquelles). A Category 1 good is one which is critical to preservation of human or animal welfare and/or national security for the UK, such as medicines.  Where Category 1 goods are currently imported or exported through other UK ports, these routes should continue to be used. The Government is engaging directly with companies that supply critical goods about the process to purchase tickets on these additional crossings.

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Association of British Travel Agents (Abta) issues advice to travellers after Brexit

Abta, which offers advice to travellers and represents travel agents and tour operators, has published a series of answers to frequently asked questions in relation to travelling after Brexit.   With regards to booking holidays after 29 March, Abta advises: “There is nothing to suggest you will not be able to continue with your holiday plans after 29 March. Even in a no-deal scenario, the European Commission has said flights to and from the UK will still be able to operate.” It also confirmed that it might be too soon to say whether there will be bigger queues at the airport “without knowing whether it’s a deal or no deal.” Abta has also issued general advice to travellers covering areas where they can take reasonable action or put plans into place now.

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Government submits guidance for business when trading with various countries post-Brexit

The Government has updated its guidance for UK businesses on EU service provision if the UK leaves the EU with no deal. In the event of a no-deal Brexit, UK businesses will no longer be treated as if they were local businesses, and UK businesses and professionals providing services in the EEA will be regarded as originating from a ‘third country.’ The Government advises that if you’re a UK business or professional providing services in the EEA, you will need to check the national regulations to understand how best to operate. This can be achieved by checking the  Government’s relevant country guide.

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We have created a Brexit checklist to assist businesses with the various challenges and opportunities presented by Brexit. Please click here to view.

Commercial

Chancellor of the Exchequer presents Spring Statement to HoC

In the Spring Statement announced on 13 March 2019, Chancellor Phillip Hammond warned that a disorderly Brexit would deal a “significant” blow to economic activity in the short term, but hinted that the Government would have up to an extra £26.6 billion to spend if MPs voted to leave the EU with a deal. He also announced that he was making an additional £100 million available, over the course of the next year, to help deal with the surge in knife crime. Mr Hammond is expected to set out detailed plans about how money will be allocated to different Government departments beyond 2020 in a spending review this summer.

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Council launches Northern Powerhouse Rail (NPR) Growth Strategy

Bradford Council has unveiled its NPR Growth Strategy, setting out the city’s economic, social, and inclusive growth plans across Bradford and the North of England. The strategy covers six main areas, and outlines how improved connections to Bradford city centre delivered through NPR will transform the UK’s youngest city, and act as a catalyst for the economic system across the north. During its launch, the council’s leader, Susan Hinchcliffe, said: “This strategy is the next phase in our efforts to ensure Bradford is connected to a high-speed rail and it defines the economic opportunity for investors, developers and businesses as well as the opportunities it will bring to people living and working in the district.”

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Consultation seeks views on social value in Government procurement

The Cabinet Office has published a consultation on social value in Government procurements, seeking views on proposals which would require central Government departments to take account of social impact as part of their award criteria. The consultation outlines a mandatory social value delivery model for central Government buyers, which sets out the Government’s commercial objectives for social value. These objectives are contained in a number of high level themes (such as diverse supply chains and environmental sustainability), which departments should select where these are relevant and proportionate to the subject-matter of the contract. Bidders’ responses will then be scored against the qualitative aspects, using a standard scoring methodology. The consultation closes on 10 June 2019.

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Five areas chosen for Future Places scheme

Bradford, Greater Exeter, Great Yarmouth, Gateshead and Northamptonshire have been chosen to take part in a programme to recognise and support the Future Place programme, an initiative run by the Royal Town Planning Institute, Royal Institute of British Architects, Chartered Institute of Housing and Local Government Association.  The initiative recognises and supports ‘high quality place-making’ in England. LGA housing spokesman Cllr Martin Tett said: “Councils play a critical role in setting the vision and shaping the delivery of high-quality places where people want to live, work and enjoy their time. The five selected Future Places are demonstrating commitment through local leadership and collaboration to deliver meaningful change for their places.”

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Regulatory

Committee warn households are unable to escape ‘cruel’ benefit cap

In a new report to the Government, the Work and Pensions Committee (WPC) said the benefit cap’s performance against the three stated aims (fairness, ensuring a non-working family does not receive more in benefits than a working family gets from work and making financial savings) is “disappointing at best.” Only 18% of those affected by the cap have been assessed as being capable of finding work. Frank Field, chair of the WPC, said: “It would be difficult to think of a more cruel cut. Benefits are being cut with the aim of driving people into work, but four in five people bearing this cut are not expected to work.” WPC understands the principle of imposing the benefit cap on people who are able to work but are choosing not to.  However, applying the cap to people who face significant barriers to work is having unintended consequences and causing unacceptable hardship and difficulties for many families.

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Council introduces Public Space Protection Order (PSPO) to tackle anti-social drivers

Bradford Council has introduced a PSPO to tackle anti-social driving.  The decision was taken after two-thirds of respondents to a survey of more than 1,200 people said nuisance drivers were a problem that made them feel ‘unsafe.’ However, some thought the proposals were an “infringement of civil liberties” and could unfairly target car enthusiasts. Anyone judged to be engaged in anti-social behaviour will face fixed penalty fines of £100 from 1 June 2019. Labour councillor Abdul Jabar said: “Without the PSPO, it is difficult for the council or the police to combat anti-social use of a vehicle which does not constitute a breach of a specific motoring law.”

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Court of Appeal (COA) considers compensatory rest breaks

The COA has held that a worker’s right to compensatory rest under the Working Time Regulations 1998 (WTR 1998) need not be an uninterrupted rest break of 20 minutes. Allowing a railway signalman to take a number of shorter breaks throughout his eight-hour shift, which in aggregate amounted to substantially more than 20 minutes, amounted to compensatory rest. A rest break for special case workers had to be equivalent, not identical to, the normal 20 minute break entitlement. The COA’s approach in this case, that different variants might be appropriate in different cases, suggests that courts or tribunals might be reluctant in future to engage in fine distinctions about what meets the definition of “equivalent” under regulation 12 of the WTR 1998.

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Public Health England (PHE) publishes air pollution evidence review

PHE has published a review of evidence on how to improve air quality in the UK. The review informs local and national Government on actions to improve outdoor air quality and health. Key interventions councils can take include: (1) promoting a step change in the uptake of low emission vehicles, by setting more ambitious targets for electric car charging points, as well as encouraging low emission fuels and electric cars; (2) boosting investment in clean public transport, as well as foot and cycle paths to improve health; (3) redesigning cities so people aren’t so close to highly polluting roads; and (4) discouraging highly polluting vehicles from entering populated areas. For example, with low emission or clean air zones.

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Planning and housing

Commission publishes Grenfell Tower report finding human rights breaches

On 13 March 2019, the Equality and Human Rights Commission published ‘Following Grenfell’, a report following its December 2017 inquiry investigating the human rights and equality dimensions of the Grenfell Tower tragedy. Key findings from the report include: (1) councils should have been aware of the risk posed by the cladding on Grenfell Tower following similar fires and taken reasonable measures to prevent this. A failure to do so constituted a breach of residents’ right to life under Article 2 of the European Convention on Human Rights; (2) housing provided to residents, both in Grenfell and after the fire, was often inadequate; and (3) there has been a continued lack of support for those affected by the fire.

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Ed Sheeran’s pond to be investigated by council

Ed Sheeran’s Suffolk estate will be inspected by Suffolk District Council to make sure his pond is there for wildlife and not “a wild lifestyle.” The inspection follows concerns from neighbours that the pond would be used for swimming and water sports, which are against planning permission. The wildlife pond, featuring a jetty, steps and sheds, was installed after being granted planning permission in January 2017. However, last year, Suffolk Coastal District Council questioned its possible use for recreational purposes during an “enforcement investigation.” A council spokesman asked for anyone with evidence of inappropriate use of the pond to provide it to the planning enforcement team.

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