Local Authority round-up 02/10/20

Brexit

House of Commons Library publishes briefing on principles of international law

The House of Commons Library has published a research briefing which gives an overview of principles of international law referencing that the UK has a dualist approach to international law whereby parliament is sovereign and the provisions of an international treaty (such as the withdrawal agreement) can only have effect in domestic law if they are written into or incorporated by domestic legislation. Parliament can in theory make any law it wishes domestically and if this breaches an international obligation, it might still be lawful in domestic law. For example, the government’s legal position on the United Kingdom Internal Market Bill 2019-21 stated that Parliament is sovereign as a matter of domestic law and can pass legislation which is in breach of the UK’s treaty obligations. In international law, the UK’s internal principle of parliamentary sovereignty has no bearing on the international legal effect of the UK’s international obligations. No rule of a state’s internal law can be used to justify a breach of an international obligation (Article 27, Vienna Convention on the Law of Treaties (VCLT)). If the domestic effect of an Act of Parliament breaches an international obligation, it might be lawful in domestic law, but it would remain unlawful in international law. The UK is still bound by obligations it has accepted on the international level. The VCLT applies to treaties between states. The EU is not a state, and is an international organisation created by international law through its founding Treaties. However, large parts of the VCLT reflect customary international law on treaties, which means that the EU is also bound by these principles, and the EU courts have taken such principles into account. As part of customary international law, these principles also apply to states who did not originally adopt the VCLT. It also notes that customary international law has been accepted by UK courts as being one of the sources of the common law.

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Internal Markets Bill passes next stage

The Internal Markets Bill has now passed through the House of Commons by 340 votes to 256 and will now go to the House of Lords. Amid concerns that the move would break international law, ministers agreed to give Parliament a say before ever using the powers they would be granted by the Internal Market Bill. The Internal Market Bill is designed to enable goods and services to flow freely across England, Scotland, Wales and Northern Ireland after 1 January. However, it has faced backlash from former prime ministers as it gives the government the power to change aspects of the EU withdrawal agreement, a legally binding deal governing the terms of Brexit made earlier this year. The Bill sets out rules for the operation of the UK internal market – trade between England, Scotland, Wales and Northern Ireland – after the end of the Brexit transition period in January. It proposes that there be no new checks on goods moving from Northern Ireland to Great Britain, it gives UK ministers powers to modify or “disapply” rules relating to the movement of goods that will come into force from 1 January if the UK and EU are unable to reach an alternative agreement through a trade deal and it gives them powers to override previously agreed obligations on state aid.

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Commercial

£80 million Towns Fund announced

Communities Secretary Robert Jenrick has announced £80 million in funding under the Towns Fund which will be given to over a hundred towns in England to help them boost regeneration. Each town will receive between £500,000 and £1 million in funding to help them kick start local projects, drive growth and improve the environment including new green spaces, the creation of pop-up business spaces, pedestrianising streets to encourage walking or cycling and creating new community hubs to support those living alone. Mr Jenrick said “Our Towns Fund will help to share prosperity across the country and level-up. This £80 million funding for immediate investment is a real boost for our towns and will help them thrive with investment in transport, technology, skills and culture. It will give towns the opportunity to drive economic growth and improve prospects for their communities, which will be vital as the country responds to the impact of the coronavirus pandemic. We are fully behind our high streets and will support local areas to build back better.”

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Regulatory

New legal duty to self-isolate

From 28 September, people in England have been required by law to self-isolate if they test positive for coronavirus or are contacted by NHS Test and Trace because they have come into contact with someone who has tested positive for coronavirus. The government has also announced that those people who are on low incomes will be eligible for a new £500 Test and Trace Support Payment. Councils will be required to set up Test and Trace Support Payment schemes and pay those on low incomes. The schemes are expected to be in force by 12 October and people can claim backdated payments prior to the date the schemes are set up. Health and Social Care Secretary Matt Hancock said “As cases rise it is imperative we take action, and we are introducing a legal duty to self-isolate when told to do so, with fines for breaches and a new £500 support payment for those on lower incomes who can’t work from home while they are self-isolating. These simple steps can make a huge difference to reduce the spread of the virus, but we will not hesitate to put in place further measures if cases continue to rise.”

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New legal restrictions announced for North East

From 00:01 on Wednesday 30 September, new measures were brought into law restricting inter-household mixing in indoor settings, including pubs and restaurants for the North East which includes Durham, Gateshead, Newcastle, North Tyneside, South Tyneside, Northumberland and Sunderland. Under the new laws, it is illegal for people in the North East to mix with anyone outside of their household in an indoor setting. The guidance remains that they should also not mix in an outdoor setting, although this does not have the force of law and remains guidance. An exception to the requirements are where people have formed a bubble with another single person household and they can continue to meet in any setting. Childcare bubbles will also be able to form in areas of intervention to allow families to share caring responsibilities with another household, as long as they are consistent. This includes formal and informal childcare arrangements.

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Planning and housing

Review of Homelessness Reduction Act published

A review of The Homelessness Reduction Act (Act), which was brought into law in April 2018, has been published this week which reports that since it came into force, 243,680 households have had their homelessness prevented or relieved. The Act places a duty on councils to try to prevent homelessness and a duty on public bodies to refer people at risk of homelessness, flagging those most vulnerable to homelessness and rough sleeping so they could receive support. Minister for Rough Sleeping and Housing Kelly Tolhurst MP said “The Homelessness Reduction Act is working well, with councils supporting the most vulnerable, meaning many more people who may not previously have been eligible for support now have the help they need. This government is committed to ending rough sleeping for good by the end of this Parliament, and we’ve backed this up with over half a billion pounds of funding this year alone.”

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Labour against new planning laws

New planning laws which would allow developers to convert shops into homes without planning permission have been criticised by the Labour party as they would “silence local voices and kill off our high streets.” Labour has secured a vote in the House of Commons and it is urging Conservative MPs to vote down the planned changes. Labour shadow housing minister Mike Amesbury said “This is the first stage of an atrocious new developers’ charter, which will wrench power away from local people and into the hands of the developers that bankroll the Tories. Passing this legislation will kill off our high streets, hobble leaseholders and create a new generation of slum housing – and there will be nothing local people can do to stop it.”

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