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Local Authority round-up 19/02/21

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 proposes extending provisional application of agreements

The European Commission has adopted a proposal for a Council Decision regarding extending the provisional application of the UK-EU Trade and Co-operation Agreement (TCA) and the Supplementary Security of Classified Information Agreement (two of the future relationship agreements) to 30 April 2021. There was insufficient time for full scrutiny and ratification of the future relationship agreements before the end of the transition period. The UK and the EU therefore agreed to provisionally apply the TCA from 1 January 2021 (Brussels time) until the earlier of 28 February 2021 or another date decided by the Partnership Council, the governance body established by the TCA or the TCA’s entry into force once the parties have notified each other that they have completed ratification. The Security of Classified Information Agreement is a supplementing agreement to the TCA and is linked to it as regards provisional application and entry into force. The Commission has adopted the proposal as, due to the time needed to complete the legal-linguistic revision of the TCA in all 24 languages, the European Parliament and the Council of the EU will not be able to conclude their scrutiny of the agreements before 28 February 2021. To change the end date of the provisional application, a decision needs to be taken jointly in the EU-UK Partnership Council. This would be its first decision. The Partnership Council comprises UK and EU representatives, and is co-chaired by a member of the European Commission (Vice-President Maroš Šefčovič) and a representative of the UK government at ministerial level.

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Scottish Seafood Exports Taskforce announced

A new seafood taskforce, the Scottish Seafood Exports Taskforce, met for the first time this week in order to try and solve the ongoing problems with exports. The meeting was chaired by UK Government Minister for Scotland, David Duguid, and the virtual meeting was attended by UK Environment Secretary George Eustice and Fergus Ewing, Cabinet Secretary for Rural Economy and Tourism with the Scottish Government. The meeting discussed the movement of mixed loads of small consignments and the variation in time taken for loads to be cleared and discussed practical solutions which could be used to help ease the flow of goods. Mr Duguid said “The spirit of co-operation between all parties was good to see and my officials will now drill down to identify areas for rapid action. The next taskforce meeting is in a fortnight but our engagement with industry continues on a daily basis, as does our work to speed world-class Scottish seafood from port to plate as smoothly as possible.”

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Lord David Frost drafted in to agree new relationship with EU

Prime Minister Boris Johnson has announced that David Frost will become a full cabinet member next month and will take charge of agreeing a new relationship with the EU post Brexit. The former Brexit negotiator will replace Michael Gove as co-chair of the Withdrawal Agreement Joint Committee on implementing the Brexit withdrawal deal. He will be responsible for negotiating with Brussels and member states going forward. Lord Frost said the UK’s relationship with the EU since the trade deal between the two came into force at the start of the year, had been more “problematic” and “bumpy” than he had expected but he said he hoped we would “get over this”, but added that it was going to require a “different spirit” from Brussels.

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Commercial

£500 million funding announced to fix potholes

The Department for Transport has announced that councils across England will receive a share of £500 million in funding for highways maintenance and to ensure potholes and other road maintenance issues across the country are fixed. Transport Minister Baroness Vere said “We know potholes are more than just a nuisance – they can be dangerous to drivers and cyclists alike, and cause damage to thousands of vehicles every year. The funding allocated today will help councils ensure roads in their area are kept up to standard, and that the potholes that blight road users can be dealt with promptly.”

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Northern Ireland Executive to receive £300 million funding

The government has announced that the Northern Ireland Executive will receive an additional £300 million to help tackle coronavirus, which will be able to be carried over into the 2021/22 year if it is not all spent this year in order to provide flexibility. The funding is being provided in order to help the Northern Ireland Executive to provide additional support to people, businesses and public services which have been affected by coronavirus. Northern Ireland Secretary Brandon Lewis said “The Northern Ireland Executive has received unprecedented levels of funding from the UK Government this year and this additional money, which can be carried over into the next financial year, will give the Executive the certainty and flexibility to deliver on its priorities for the benefit of all in Northern Ireland.”

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Scotland to receive additional £1.1 billion funding

The government has announced that Scotland will receive an additional £1.1 billion in funding to help tackle coronavirus, which will be able to be carried over into the 2021/22 year if it is not all spent this year in order to provide flexibility.  Scottish Secretary, Alister Jack said “This new £1.1 billion funding from the UK Treasury for Scotland’s Covid response is good news and will provide further certainty to the Scottish Government.” He also said that “The strength of the union and support offered by the UK Treasury has never been more important.”

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Wales to receive additional £650 million funding

The government has announced that Wales will receive an additional £650 million in funding to help tackle coronavirus, which will be able to be carried over into the 2021/22 year if it is not all spent this year in order to provide flexibility.  Chief Secretary to the Treasury Steve Barclay said “We have worked closely with the Welsh Government in advance of this announcement to ensure they have the certainty they need ahead of finalising their budget on 16 February. UK Treasury schemes such as furlough, support for the self-employed and business loans also continue to protect jobs and livelihoods across Wales.”

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Regulatory

Claim against council for ‘failure to remove’ struck out

Surrey County Council has successfully struck out most of a claim brought by a woman who said its social services department failed to protect her from abuse, neglect and rape. The claim was brought by a woman and her sister who said their childhoods were characterised by abuse and neglect perpetrated by their mother and one of her partners who was convicted in 2009 of seven counts of rape in relation to the claimant and jailed for 14 years. Her mother was convicted of indecently assaulting her and jailed for nine months. The two sought damages for psychiatric and other injuries suffered by them as a result of child abuse, which they alleged would have been avoided or lessened had Surrey’s social workers exercised reasonable care for their safety and wellbeing. Deputy Master Bagot QC ruled the claims were with one exception bound to fail and struck them out. He said “One can have nothing but sympathy for the shocking and long-standing abuse which the claimants endured as children. But I must make my decision based not on the sympathy I feel but on the legal principles which apply.”

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DHSC White Paper on Health and Care Bill published

The Department of Health and Social Care (DHSC) has published a White Paper, Integration and Innovation: working together to improve health and social care for all, which sets out proposals for legislative change affecting the frameworks and governance for health and social care to be set out in a forthcoming Health and Care Bill (Bill). The DHSC’s proposals will instigate significant changes to the organisation and commissioning of health and social care. They include the introduction of statutory Integrated Care Systems (ICS), which will be accountable for the outcomes of the health of the population and absorb functions currently exercised by other bodies, including clinical commissioning groups (CCGs) and local authorities. NHS England may jointly commission its direct commissioning functions with more than one ICS Board. It also includes the imposition of new statutory duties concerning collaboration across the healthcare, public health and social care system and shared aims and the granting of intervention powers to the government in respect of various functions and the reconfigurations of the way NHS services are delivered to patients. The Bill’s wide range of measures will begin to be implemented from 2022.

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Planning and housing

Government announces extension to the ban on bailiff evictions

Housing Secretary Robert Jenrick has announced that the ban on bailiff evictions will be extended by a further six weeks until 31 March 2021 in order to protect renters during the ongoing national lockdown. The existing exemptions to this will continue to apply such as where there is illegal occupation, anti-social behaviour and arrears of 6 months’ rent or more and landlords will still be required to give 6 month notice period to tenants before starting possession proceedings even where an exemption applies in the most serious circumstances. Mr Jenrick said “By extending the ban on the enforcement of evictions by bailiffs, in all but the most serious cases, we are ensuring renters remain protected during this difficult time. Our measures strike the right balance between protecting tenants and enabling landlords to exercise their right to justice.”

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Hydrogen fuelled homes announced

The UK’s first homes with household appliances fuelled entirely by hydrogen are to be built in Gateshead in April. The two semi-detached houses will use 100% hydrogen appliances such as boilers, hobs, cookers and fires that release no carbon emissions. The project has been funded by a £250,000 grant from the Government’s Hy4Heat Innovation programme and funding from gas company Northern Gas Networks and Cadent. Energy minister, Anne-Marie Trevelyan, said “While these new houses in Gateshead will look like any other, they will showcase how low carbon hydrogen can transform the way we power our homes and offer a glimpse of what the future holds as we build back greener.” The Government also plans on setting up a Hydrogen Neighbourhood and develop plans for a Hydrogen Town before 2030.

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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.

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