Local Authority round-up 09/10/20
9th October, 2020
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
European Commission launches infringement proceedings against UK
The European Commission (EC) has announced that it has launched infringement proceedings against the UK for breaching the UK’s obligations under the UK-EU withdrawal agreement. The EC’s announcement, together with a press statement by the President of the European Commission, noted that despite requests by the EU, the UK Government had not withdrawn the contentious parts of the United Kingdom Internal Market Bill by the end of September 2020 and that the Bill breaches the obligation of good faith in Article 5 of the withdrawal agreement. The EC said that if the Bill is enacted in its current form, it will “flagrantly violate” the Northern Ireland Protocol by allowing UK authorities to disregard the legal effect of the Protocol’s substantive provisions under the withdrawal agreement. During the transition period, Article 131 of the withdrawal agreement provides that the Court of Justice of the European Union (CJEU) has jurisdiction and the European Commission has its usual powers under EU law in relation to the UK. This also applies as regards the interpretation and application of the withdrawal agreement. The European Commission sent the UK the letter of formal notice on 1 October 2020, giving the UK one month to submit its observations. If after examining the UK’s observations, or if no observations are submitted, the European Commission may decide to issue a reasoned opinion, explaining why the European Commission believes that the UK is in breach, and calling for compliance by a specified deadline. If the UK does not comply within a reasoned opinion within the period specified then it will be referred to the CJEU who can then make a binding ruling or a declaration of breach and a requirement for the UK to take the necessary measures to comply.
For more information please click here.
Governments statement following ninth negotiating round
On 2 October 2020, the UK Government and the European Commission published statements on the outcome of the ninth round of negotiations on the future UK-EU relationship, which was held from 29 September to 2 October 2020. The Government’s statement described progress on the law enforcement agreement and convergence on the structure of the overall partnership. However, it also pointed to familiar differences regarding the level playing field, where there has been some limited progress but the Government requires the EU to move further before an understanding can be reached and fisheries in which it noted that the gap between the two sides was “very large.”
For more information please click here.
European Commission’s statement following ninth negotiating round
Following the ninth round of negotiations on the future UK-EU relationship, the European Commission also published a statement which noted that there were ongoing points of convergence, most of which had already been recorded in previous rounds, and positive new developments on some topics such as aviation safety, social security co-ordination, and the respect of fundamental rights and individual freedoms. It noted that there had been a lack of progress on some important topics such as the protection of personal data, climate change commitments and carbon pricing and there were persistent serious divergences on matters of major importance for the EU. The European Commission statement also included a reminder that any UK-EU economic partnership agreement requires level playing field guarantees with effective enforcement mechanisms and a commitment towards non-regression from social, taxation, environmental and climate standards as well as an efficient governance framework, based on a comprehensive agreement, with robust enforcement and dispute settlement mechanisms, and effective remedies.
For more information please click here.
UK’s new Instrument of Accession to 2005 Hague Choice of Court Convention and new Instrument of Ratification to 2007 Hague Maintenance Convention
Of interest to international litigators amongst others is that on 28 September 2020, the UK deposited a new Instrument of Accession to the 2005 Hague Choice of Court Convention and a new Instrument of Ratification to the 2007 Hague Maintenance Convention. They will take effect at the end of the Brexit transition period. The Conventions originally applied to the UK by virtue of EU membership. Under the withdrawal agreement, the UK continues to be bound by the Conventions during the transition period, but at the end of the transition period the 2005 Hague Choice of Court Convention will cease to apply to the UK, unless the UK accedes to it as a contracting state in its own right. The 2007 Hague Maintenance Convention will cease to apply to the UK, unless the UK ratifies it as a contracting state in its own right. The UK had previously deposited an Instrument of Accession and an Instrument of Ratification as part of its no-deal Brexit planning however after the withdrawal agreement was reached, the UK withdrew those instruments. The new Instrument of Accession and Instrument of Ratification have not yet been published, but the press release states that they will “ensure continuity in the application of these Conventions after the conclusion of the transition period.”
For more information please click here.
Commercial
Councils given £30 million for coronavirus enforcement
The Government has announced that councils will be given £30 million to help them enforce coronavirus restrictions. The £30 million, which works out as less than £100,000 per council on average, will allow councils to increase their compliance work and enforcement checks on businesses, including by employing marshals. Marshals will not be able to impose fixed penalty fines nor be given an enforcement role, which will continue to be the role of the police and designated council enforcement officers. Instead, they will be encouraged to work with businesses on queue management, direct pedestrians and support social distancing in busy public areas, remind members of the public to wear a face covering where required and help with the regular cleaning of touch points. Local Government Secretary Robert Jenrick said “Councils play a crucial role in protecting people’s safety, supporting businesses and helping the public to better understand the guidance. This new funding will ensure they can step this up further and continue to act proactively.”
For more information please click here.
Regulatory
Government issues guidance on COVID-19 secure marshals
The Government has issued guidance on how the £30 million allocated to district and unitary authorities for COVID-19 related compliance and enforcement activities should be spent. The guidance sets out the types of eligible compliance and enforcement activity which councils can choose to use the funding for. The guidance focuses on supporting councils who are deploying marshals, wardens, stewards, ambassadors or similar roles to support compliance social distancing in public places and stresses that the role of such marshals or equivalents is “not to enforce COVID-19 regulations, or have any enforcement powers, which should remain the remit of the police and designated local authority compliance and enforcement officers.” COVID-19 secure marshals or equivalents should instead “engage, explain and encourage” best practice and national COVID-19 secure guidance. They should not enforce social distancing regulations, issue fixed penalty notices to those breaking COVID-19 regulations, engage physically with members of the public or attempt to restrain anybody or take decisions about allowing entry to a venue/premises/site.
For more information please click here.
Planning and housing
MHCLG announces support for councils to expand services for victims of domestic abuse
The Ministry of Housing, Communities and Local Government (MHCLG) has announced support for councils to expand services for victims of domestic abuse in preparation for Domestic Abuse Bill 2019-21 coming into force. The extra support includes the allocation of £6 million of funding for councils to prepare for a new duty, as set out in the Bill, to assess and provide support and safe accommodation to victims of domestic abuse and their children in England. The funding is intended to enable councils in England to commission additional support for those victims of domestic abuse and their children who might currently be turned away from refuges and other safe accommodation because their needs cannot be met. It also published guidance on the domestic abuse capacity-building fund to help councils plan and prepare for the Bill, which contains a new duty on Tier 1 councils to assess the need for domestic abuse safe accommodation in England and to commission support to victims and their children in such accommodation. It has also launched a consultation seeking views on the Government’s proposals for allocation of new burdens funding to Tier 1 and Tier 2 councils associated with the duty to commission support for victims of domestic abuse which closes at 11.45 pm on 13 November 2020.
For more information please click here.
Government announces funding to improve energy efficiency of public buildings
The Government has announced £1 billion of funding to improve energy efficiency of public buildings under the Public Sector Decarbonisation Scheme. Councils are being urged to apply for a share of the funding to improve the energy efficiency of publicly owned buildings. The funding can be used to install energy efficiency and low carbon heating measures, reducing energy bills and carbon emissions. The Government has also assigned £500 million of the of the Green Homes Grant scheme for councils to provide green home improvements for households with an income of under £30,000. The Government is making £50 million available for social housing through a demonstrator project for the Social Housing Decarbonisation Fund (SHDF). Chancellor Rishi Sunak said “We promised to support jobs and protect the environment – and the Green Homes Grant delivers on this. We’re giving homeowners, landlords and local authorities the funding they need to hire local tradespeople and make our homes more energy efficient. By supporting the green van men and women, we’ll save money, save jobs and save the planet.”
For more information please click here.
Upcoming webinars
Employing EU nationals post Brexit
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, and what do businesses need to consider when recruiting and building the best workforce in the future?
At this Zoom webinar on 21st October at 12pm, immigration specialist Flora Mewies will enlighten us about the post Brexit landscape – click here for more information and to register.
Creating an inclusive workforce
Join experts from Diversity & Inclusion UK, Parkdean Resorts and Northumbria Police for a panel discussion on equality, diversity and inclusion.
At this exclusive virtual event on 22nd October at 2pm, discover how these leading figures are embracing and encouraging diversity and inclusion, tapping into a socially diverse workforce and unlocking the benefits for businesses and organisations. Hear top tips for implementing good equality and diversity practice, and learn more about the tangible benefits for organisations large and small. Click here for more information and to register.
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.
This page may contain links that direct you to third party websites. We have no control over and are not responsible for the content, use by you or availability of those third party websites, for any products or services you buy through those sites or for the treatment of any personal information you provide to the third party.
Topics: