Local Authority round-up 19/03/21

Brexit

Government sets out new timetable for introducing import border controls

As a result of the coronavirus pandemic the government has announced a new timetable for introducing import border controls following the UK’s departure from the EU, in order to allow businesses more time to prepare whilst they focus on recovering from the pandemic. Under the new timetable, full border control processes will be delayed by six months and be implemented with effect from 1 January 2022. Cabinet Office Minister Lord Frost of Allenton said “We will now introduce border controls broadly six months later than planned to give traders time to focus on getting back on their feet as the economy opens up after a difficult year. We are confident that this new timetable will allow import businesses to re-establish their trading arrangements after a difficult period due to coronavirus, in the most straightforward and lightest touch way possible.”

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EU and USA agree apportionment of agricultural quotas

The European Commission has announced that the EU and the USA has concluded negotiations to adjust the European Union’s WTO agricultural quotas, following the UK’s withdrawal from the EU. This follows two years of negotiations within the WTO framework to divide the EU quotas, with part of the volume remaining with the 27 member states and part going to the UK, based on recent trade flows. Importantly, the total volume of the EU and UK quotas will not increase. The agreement covers dozens of quotas and billions of euros of trade, including for beef, poultry, rice, dairy products, fruits and vegetables, and wines. The EU is conducting similar tariff rate quotas apportionment negotiations with twenty-one other partners having rights to access these quotas, and has concluded negotiations already with Argentina, Australia, Norway, Pakistan, Thailand, Indonesia and others. Once the European Commission has adopted the EU-US Agreement, it will then be sent to the Council of the EU and the European Parliament for ratification, so that it can enter into force as soon as possible. The European Commission has not published the agreement yet but it is expected to be published once it has been formally adopted by the Council.

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Switzerland approves UK’s application to accede to 2007 Lugano Convention

The Federal Department of Foreign Affairs of Switzerland, in its capacity of Depository of the 2007 Lugano Convention, has published a letter notifying the other contracting parties that Switzerland has consented to the UK being invited to deposit its instrument of accession to the 2007 Lugano Convention. The Convention, which governs jurisdiction and the enforcement of judgments in civil and commercial matters between EU member states and Norway, Iceland and Switzerland, originally applied to the UK by virtue of EU membership and continued to be treated as applying to the UK during the UK-EU transition period it. Following the UK’s departure from the EU, the UK deposited an application to accede to the Convention in its own right on 8 April 2020. To accede to the Convention, the UK will need to obtain the unanimous agreement of the other contracting parties and follow the formal accession procedure set out in the Convention. The UK government laid the Convention before Parliament in November 2020, having previously received statements of support from Switzerland, as well as Norway and Iceland, for the UK’s intention to accede to the Convention.

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SME Brexit Support Fund opens for applications

The government’s £20 million SME Brexit Support Fund has now opened for applications with effect from 15 March 2021. Small and medium sized businesses that trade solely with the EU can apply for grants under the fund to help them adapt to changes to trade rules with the EU following the UK’s departure. To be eligible, businesses must import or export goods between Great Britain and the EU or move goods between Great Britain and Northern Ireland. Mike Cherry, Federation of Small Businesses National Chairman, said “The vast majority of UK small firms that do business overseas trade with the EU. Not only are they trying to stay afloat as lockdowns gradually ease, they now have new, unfamiliar paperwork and costs to navigate when they buy from, or sell to, Europe. That’s why we asked the government for targeted funding to help them navigate these fresh demands, and it’s brilliant to see that funding go live today. We encourage all eligible small businesses to take a look and apply for this new source of help.”

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UK, Norway and EU sign fishing agreement

The UK, Norway and EU have reached an agreement on catch limits in respect of cod, haddock, plaice, whiting, herring, and saithe stocks for 2021, in order to manage fish stocks in the North Sea. UK Government Minister for Scotland David Duguid said “For the first time in decades we have concluded our first trilateral negotiations with the EU and Norway as an independent coastal state. The outcome represents an increase in the total allowable catch of certain key stocks for Scotland – such as Haddock and Whiting. Agreements have also been made which safeguard the long-term viability of some other key stocks such as cod.” Annual fisheries negotiations will now take place and bilateral negotiations are underway with the EU, Faroes Islands and Norway to confirm access arrangements and quota exchanges, where applicable.

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Commercial

Funding boost to the COVID Winter Grant Scheme

The Government has announced that it is providing more than £50 million in order for the COVID Winter Grant Scheme to run until 16 April to enable councils to help support vulnerable families over the Easter period. The council will use the additional funding to provide low-income families with grants to buy food and pay for essential bills. The grants are primarily aimed at families but can be given to vulnerable individuals and households without children who require the additional support. The grants are provided with 80% specified to be spent on food, energy and water bills, and the additional 20% is available for other associated essential costs. Secretary of State for Work and Pensions Thérèse Coffey said This scheme has helped thousands of vulnerable children stay warm and well-fed during the coldest months of the year. While circumstances remain difficult, it is right that we extend it to cover Easter, and I want any worried parent to know there is help at hand.”

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Local Authority Treescapes fund announced

The government has announced £2.7 million in funding which will be available this year under the Local Authority Treescapes Fund which aims to increase tree planting and natural regeneration in local communities outside of woodlands. Bids for funding will be accepted from councils in early April and councils are encouraged to work with other organisations, NGOs, community groups and private individuals to deliver projects. Forestry Minister Lord Goldsmith said “I am delighted to announce this new fund, which will get trees planted and land regenerated for the benefit of local communities and nature. This is an opportunity for communities to work with their local authorities to identify land, design projects and apply for funds. Trees and land restoration are central to our plans for nature recovery and to get to net zero emissions, and we know how much value people place on trees and green spaces in their local communities.”

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Regulatory

Ombudsman issues guide for dealing with children’s services statutory complaints

The Local Government and Social Care Ombudsman has published a guide on handling complaints under the children’s services statutory complaints process in order to help councils avoid the “pitfalls” seen in previous investigations. The guide addresses the common questions asked by councils and details how they should apply the regulations and statutory guidance of the statutory complaints process. It also focuses on the three-stage complaints procedure that councils must follow for complaints involving children’s services. Questions answered in the guide include basic issues around what areas come under the statutory process, along with more detailed questions about young people’s consent, court action, delays and deadlines and statements of complaint.

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Planning and housing

Government funds delivery of 3,000 new homes

The government has announced that it is providing £83 million in funding in order to support the delivery of the infrastructure needed to build 3,000 new homes in Nottingham. £62 million of the funding comes from Homes England’s £1.3billion Land Assembly Fund and Clowes Developments has secured a £21 million loan from the Home Building Fund. The development will also include the building of a new school, community centre, health centre, sports pitches, community parks and woodland. Housing Minister Christopher Pincher MP said “This is fantastic for Nottinghamshire and the East Midlands not only because we are building 3,000 new homes but also for the boost this will give to jobs and the local economy. This is part of our mission to build back better from the pandemic and deliver the homes this country needs.”

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£212 million funding to tackle rough sleeping

Housing secretary Robert Jenrick has announced that £212 million will be invested in delivering 6,000 new homes by the end of this Parliament to enable people who sleep rough, or at risk of sleeping rough, to be rehoused in secure, long-term accommodation. Councils will need to bid for a share of the multi-million-pound fund for the next three years. Under the scheme specialist staff will also offer mental health and substance misuse treatment to help rough sleepers recover and move on. Councillor James Jamieson, Local Government Association chairman, said “It is vital that we build on the success of councils, Government and partners in getting rough sleepers off the streets during the pandemic and make this the new normal rather than a one-off emergency response. This investment will help to transform the lives of people sleeping rough and ensure they get the crucial support they need and a roof above their head. Councils stand ready to play their part in the cross-government drive to end rough sleeping altogether and make sure no-one suffers the tragedy of becoming homeless.”

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New regulations announced to boost building safety

The government has announced new enforcement measures which will come into force under the Fire Safety Bill aimed at ensuring people are safe in their homes. Under the new regulations, buildings owners will face unlimited fines if they are caught obstructing or impersonating a fire inspector or are found to be in breach of the fire safety regulations under the Fire Safety Order. It will also impose a requirement for fire risk assessments to be recorded for each building and improve how fire safety information is handed over throughout the lifetime of a building. Fire Minister Lord Greenhalgh said “Everyone should be safe in the buildings where they live, stay or work. Our new measures will improve fire safety and help save lives, but will also take firm action against those who fail in their duty to keep people safe.”

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