Local Authority round-up 23/04/19

Brexit

British MEPs could sit for “months or even longer” European Council President says

Speaking in the European Parliament in Strasbourg, European Council President Donald Tusk insisted that if British MEPs were elected in May, they should be treated as “full members”. He added: “We should approach this seriously as UK members of the European Parliament will be there for several months – maybe longer.” The European Parliament’s Brexit co-ordinator Guy Verhofstadt urged the UK Government and the Labour Party to reach a cross-party consensus in the “coming days”. Meanwhile, European Commission President Jean-Claude Juncker reiterated that there will be no renegotiation of the withdrawal agreement.

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Prime Minister ‘not considering election’ says Downing Street

Last week, the EU extended the Brexit deadline to 31 October, prompting calls from several Conservative MPs for the Prime Minister to stand down before the summer. After several weeks of excitement, there is likely to be a lull in proceedings as the House of Commons rose for Easter recess until 23 April 2019. Downing Street have confirmed that Theresa May began her walking holiday on 13 April and no further details were given. Mrs May famously decided to call a snap election during a walking holiday in Snowdonia in 2017 and went on to see her Commons majority wiped out. However, Number 10 has insisted Mrs May is not considering calling a general election.

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US Speaker says peace in Northern Ireland must not be jeopardised

Speaking on the eve of her visit to the Republic of Ireland on 16 April, US Speaker of the House of Representatives Nancy Pelosi said there would be “no chance whatsoever” of a post-Brexit trade deal between the US and UK if there were any weakening of the Good Friday Agreement. Mrs Pelosi said the 1998 Good Friday Agreement was a model that could not be “bargained away in another agreement” and added: “First of all it is very hard to pass a trade bill in the Congress of the United States…” and said: “But if there were any weakening of the Good Friday accords, there would be no chance whatsoever, a non-starter for a US-UK trade agreement.”

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Government amends definition of exit day in the European Union (Withdrawal) Act 2018

On 11 April 2019, the Government made the European Union (Withdrawal) Act 2018 (Exit Day) (Amendment) (No. 2) Regulations 2019 which amended the definition of exit day in the European Union (Withdrawal) Act 2018 (EUWA). The regulations came into force immediately after being made. Exit day is now defined in the EUWA as 11.00 pm on 31 October 2019, which reflects the UK and EU’s second agreement to extend the Article 50 period. The extension will last until 31 October 2019 at the latest, but may end sooner under a variety of scenarios.

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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

Government resurrects plans for cap on public sector exit payments

The Government has launched a consultation on the draft Restriction of Public Sector Exit Payments Regulations 2019 and associated draft guidance, which resurrect plans to introduce a £95,000 cap on exit payments in the public sector. More than 1,600 highly-paid workers received payments of more than £100,000 in 2016-17 when they left public sector roles, costing a total of £198 million. The draft regulations and guidance are subject to the consultation which closes on 3 July 2019. The UK Civil Service, local Government, police forces, schools and the NHS are included in a first round of implementation which will cover the vast majority of public sector workers.

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Minister welcomes positive response to Future High Streets Fund

High Streets Minister Jake Berry MP has confirmed that more than 300 bids from councils across the country have been received for a share of the £675 million Future High Streets Fund. Launched in December 2018, the fund will help local leaders implement bold new visions to transform their town centres and make them fit for the future, with co-funding to consolidate properties on the high street, improve transport and access into town centres and convert retail units into new homes. Mr  Berry said: “More than 300 bids to the Future High Streets Fund is a fantastic response and shows the passion across the country to meet the challenges facing our high streets head-on.”

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Government publishes Better Care Fund (BCF) Policy Framework 2019-20

The Department for Health and Social Care and the Ministry for Housing, Communities and Local Government have jointly published the BCF Policy Framework 2019-20. The BCF is established under section 121 of the Care Act 2014 and is the only mandatory policy that facilitates the Government’s aim for integrating health, social care and other public services, by bringing together health and social care funding. The framework describes 2019-20 as a period of “minimal change” for the BCF (at paragraph 2.2). It will retain the same National Conditions as in 2017-19 and councils will continue to be required to pool grant funding from the BCF, Winter Pressures funding and the Disabled Facilities Grant.

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Regulatory

Brexit deadlock reveals need for ‘fairer’ voting system, campaigners say

Electoral reform campaigners are urging politicians to re-start the conversation about proportional representation, ahead of the local elections. Scotland and Northern Ireland use the single transferable vote (STV) to elect local councillors, and Wales is planning on moving away from the first-past-the-post system. The Electoral Reform Society (ERS) argues the same should happen for elections to the UK Parliament. “Two-party first-past-the-post politics is not working for voters or this country, as the current Brexit deadlock has highlighted” said Darren Hughes, chief executive of the ERS. He added: “A proportional voting system would not only give voters real choice but would encourage parties to work together – helping to mend the huge fissures in our society”.

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Local Government Association (LGA) responds to product safety report

In response to research published by Which?, the LGA said councils are best placed to ensure unsafe products are removed from shops. The research found that Safety Gate, a European rapid warning system, issued 34% more alerts in 2018 compared to a decade ago. The watchdog is calling for the Government to establish the Office for Product Safety and Standards as an independent body. However, the LGA said this was not the best approach to reforming trading standards. “Instead, with the number of trading standards officers having more than halved since 2009 and budgets to this service having almost halved since 2011, Government needs to use the forthcoming Spending Review to address the funding shortfall that councils’ face” an LGA spokesperson said.

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Figures reveal thousands of pupils in “zombie schools” awaiting re-brokering

According to figures from the Department for Education, there are 93 schools awaiting ‘re-brokering’ – the system by which academies are transferred from one trust to another. This is typically done when there are concerns about the performance of an academy. The Labour Party has calculated, using average pupil numbers in different school types, that there could be over 53,000 pupils in these so-called ‘zombie schools’. “The Tories have created a fragmented school system in which many schools are simply unable to access additional support, and tens of thousands of pupils will suffer the consequences” said Angela Rayner, Labour’s shadow secretary of state for education.

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Statistics reveal slight fall in UK unemployment

Figures released by the Office for National Statistics show unemployment fell by 27,000 in the three months to February to 1.34 million. The number of people in work was also virtually unchanged at a record high of 32.7 million. The figure has increased by 457,000 over the past year, all among full-time employees and the self-employed. Average weekly earnings, excluding bonuses, had an estimated rise of 3.4%, before adjusting for inflation. When adjusted for inflation, pay, including bonuses, increased by 1.5% on the year, the highest figure since the summer of 2016. The UK’s unemployment rate of 3.9% is now lower than at any time since the end of 1975.

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Planning and housing

Government announces ban of no-fault evictions

Communities Secretary Rt Hon James Brokenshire MP has announced that private landlords will no longer be able to evict tenants from their homes at short notice and without good reason. As part of a complete overhaul of the sector, the Government has outlined plans to consult on new legislation to abolish Section 21 evictions – so called ‘no-fault’ evictions. Under the new plans, landlords would have to provide a “concrete, evidenced reason already specified in law” in order to bring tenancies to an end. This will bring an end to private landlords uprooting tenants from their homes with as little as 8 weeks’ notice after the fixed-term contract has come to an end, and effectively create open-ended tenancies.

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Council told to overhaul homelessness reviews

The Local Government & Social Care Ombudsman (LG&SCO) has criticised the Royal Borough of Kensington & Chelsea over delays that left a disabled woman in “unsuitable” temporary accommodation for too long. The woman, who had been sleeping rough in an airport, had previously had a stroke, and been diagnosed with severe tinnitus and arthritis, leaving her with chronic balance problems and dizziness. However, the council has not agreed to implement the LG&SCO’s recommendations, including that it should overhaul its process for dealing with homelessness reviews and pay the woman £3,500.

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Councillors left “deeply frustrated” as inspector overrules flats decision

A Government inspector has ruled an 11-storey block can be built in the heart of Bristol with just four affordable homes. City councillors have been left “deeply frustrated” by the decision to grant Legal & General permission for the 120 apartments in Temple Quay. Members had insisted the project could not go ahead unless 23 of the flats were to be rented at affordable prices. Concerned officers are now writing to the planning inspectorate demanding urgent clarification on the rules governing whether or not developments should be approved. They fear it is now a “total guessing game” because the reasons for the decision seemingly contradict a separate overruling by a different planning inspector last year.

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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 – Spring Term 2019

Join us at the next Housing Management Law School. Spring 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.

Tuesday 30th April 2019 (Newcastle)
Thursday 9th May 2019 (Leeds)
Thursday 16th May 2019 (Manchester)

PFI Law Update 2019

Join us at one of our annual PFI Law Update roadshows, hosted by our award-winning Public Sector team. You will be in the hands of a team acknowledged as the best advisors in this sector making these sessions essential for those seeking the latest insight into the topical issues, opportunities and risks of the PFI landscape.

Tuesday 30th April 2019 (Leeds)
Wednesday 15th May 2019 (Manchester)
Thursday 23rd May 2019 (Newcastle morning)
Thursday 23rd May 2019 (Newcastle afternoon)
Wednesday 5th June 2019 (London)

Public Sector Property Update

Join us at our next Public Sector Property update where 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.

Wednesday 12th June 2019 (Newcastle)

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