Local Authority round-up 03/04/20

Brexit

First meeting of the joint UK-EU committee held

The first meeting of the joint UK-EU committee, who is responsible for the implementation and application of the withdrawal agreement, was held on 30 March 2020. Due to the coronavirus pandemic the meeting was held by teleconference and it was co-chaired by the UK Chancellor of the Duchy of Lancaster Michael Gove and European Commission Vice President Maroš Šefčovič. The Government published a statement after the meeting confirming that the UK and the EU updated the joint committee on progress in implementing the withdrawal agreement and the UK emphasised its commitment to EU citizens in the UK as well as ensuring that UK nationals in the EU have their rights protected consistent with the Withdrawal Agreement. The Government confirmed that it was committed to protecting the Good Friday Agreement in all respects, and to upholding its obligations under the Northern Ireland Protocol. The UK and the EU also agreed to start the work of the six specialised committees, which cover the main areas for the implementation of the withdrawal agreement and report to the joint committee.

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EC issues statement following joint UK-EU committee meeting

The European Commission (EC) issued a statement following the first meeting of the joint UK-EU committee. The EC stated that the proper and timely implementation of the Withdrawal Agreement was a key priority for the EU and said that “both sides now have to implement this agreement with rigour and discipline.” The EU noted that a new partnership can only be built on the faithful and effective implementation of the withdrawal agreement, and referred in particular to citizens’ rights and the Northern Ireland Protocol. The European Commission stated that it will support EU member states in making sure that UK nationals in the EU will be able to exercise their rights under the withdrawal agreement, and will continue to monitor that this is done correctly. It also said that there was an urgent need to present a detailed timetable and proceed with the necessary measures, such as preparing for the introduction of customs procedures for goods entering Northern Ireland from Great Britain, and ensuring that all necessary sanitary and phytosanitary controls, as well as other regulatory checks, can be carried out in respect of goods entering Northern Ireland from outside the EU. The EC said that the next meeting is currently due to take place in June.

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Commercial

£22 billion for high streets

The Government has announced that high street businesses can expect to receive assistance following the outbreak of the coronavirus under a package of measures. £11 billion is expected to be saved by businesses who qualify as being exempt from business rates which will include those in retail, hospitality and leisure sectors. Business Secretary Alok Sharma said “Business rates can often be one of the main fixed costs for small companies up and down the country, which is why today’s suspension of business rates for retailers and our hospitality and leisure industries will offer much-needed support in these challenging times.” The businesses can also receive a one off cash grant of up to £25,000 and £3.4 billion has already been paid to councils in order for them to make these payments. The Government confirmed that every council in England has now received the full amount of funding in order for them to pay the eligible businesses in their area.

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Urban Tree Challenge fund opens for bids

The Urban Tree Challenge fund, provided by the Forestry Commission, has opened for bids for a further £10 million in funding for councils to plant trees in urban areas. Councils can now apply for money under the fund online in order to plant further trees in their areas. Forestry minister, Lord Goldsmith, said “We have made sure that the applications for round two of the Urban Challenge Tree Fund can be completed online so individuals are not putting themselves at risk, and I encourage anyone thinking of applying to do so in a safe way, using digital platforms to plan their application with colleagues if necessary.”

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LGA calls for public transport funding

The Local Government Association (LGA) is calling for the Government to provide emergency rescue funding in order to keep public transport services running.  Many essential workers will rely on public transport, including buses, to get to work but due to the sharp drop in passenger demand services may no longer be able to continue. The LGA wants to work with the Government to provide an emergency funding package for council run transport to ensure this can continue and will allow essential workers to continue being able to get to work during the coronavirus pandemic. Cllr David Renard, LGA transport spokesman, said “Many key workers are relying on local buses, trams and light railway to get them to and from work, such as nurses needing to get to hospital or social care staff to look after the most vulnerable. It is essential that public transport services continue to run so staff can get to the frontline during this critical period and that they can play a vital role when we recover from this crisis.”

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Regulatory

Councils to provide waste service data

Councils are being urged to provide regular information on waste services so the impact of coronavirus on those services can be assessed. An online service will be sent out on a weekly basis to begin with which will be led by the Association of Directors of Environment, Economy, Planning and Transport (ADEPT). The data will then be fed back to Defra in order to keep the service under review and identify any changes which may be required. Ian Fielding, chair of ADEPT’s Waste Group, said “It has been designed to provide a snapshot and captures valuable information on a range of services, including domestic collections, recycling centres, transfers stations and energy from waste facilities, and records the level of impact on each.”

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Annual leave rules relaxed

Business secretary Alok Sharma has announced that the regulations regarding annual leave, the Working Time Regulations 1998, will be amended in light of the coronavirus pandemic. Usually holiday entitlement must be taken each year or only a limited number of days can be carried over to the new holiday year. However, the regulations will now be amended by the Working Time (Coronavirus) (Amendment) Regulations 2020. Where it is not reasonably practicable for a worker to take some, or all, of the holiday to which they are entitled due to the coronavirus, they have a right to carry the 4 weeks under regulation 13 into the next two leave years.  All employers who are subject to the Working Time Regulations 1998 will be subject to the changes in the Working Time (Coronavirus) (Amendment) Regulations 2020. The changes are to help employees who are working during the current pandemic to ensure they do not lose holidays and also to help employers to be flexible with holidays especially at times when they may be short staffed due to the current needs.

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Update to Coronavirus Job Retention Scheme

The Government has announced that under the Coronavirus Job Retention Scheme they will also cover employer National Insurance and minimum auto-enrolment pension scheme contributions for furloughed workers in addition to the 80% of wages which it has already agreed to pay. The Government has also confirmed that those who were made redundant after 28 February 2020 can be reemployed and placed on furlough. The Government has also confirmed that those on furlough will also be permitted to volunteer to help the NHS during the coronavirus outbreak without risking their pay.

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Planning and housing

Guidance on protection available for renters

The Government has announced further measures in order to protect renters in social or private rented accommodation during the coronavirus outbreak. From 26 March landlords need to give renters 3 months’ notice if they intend to seek possession. After the three month period if the renter has not left the property then the landlord will need to apply to court in order to proceed with the eviction. This protection will apply to possession of tenancies in the Rent Act 1977, the Housing Act 1985, the Housing Act 1996 and the Housing Act 1988.  The Government also announced that as of 27 March all ongoing housing possession actions will be suspended for an initial period of ninety days but this period can be extended if needed. Tenants are still liable for their rent in this period and should apply for help if they are struggling to make payments. However, if they do not pay this then protection is provided for landlords who are subsequently unable to make mortgage payments as they can apply for a three month mortgage payment holiday from their lender on any Buy to Let mortgage.

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First “coronavirus injunction” issued

A tenant in Manchester has become the first person to receive an injunction under new regulations after he failed to adhere to the rules on social distancing. The tenant was found to have allowed an excessive number of people into the property and held noisy parties which were against social distancing rules. The injunction now prevents the tenant from allowing any visitor other than children into the property until the Government relaxes the social distancing rules currently in place.  Amy Stirton, associate solicitor at Forbes Solicitors, said “The Antisocial Behaviour, Crime and Policing Act 2014 provides an array of tools that can be utilised by landlords during this national emergency and this case demonstrates that whilst the court is now compelled to suspend proceedings relating to possession cases, it is still prepared to take steps to ensure that members of the public are protected.”

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Rent and work checks relaxed

The Government has announced temporary changes to right to rent and right to work checks in light of the coronavirus pandemic. Landlords and employers are now able to accept scanned copies of documents providing that the person has a right to rent or work rather than the original documents themselves and checks can also be undertaken by video calls. Once the temporary changes are no longer required then full checks will be required to be carried out again. Home Secretary Priti Patel said “I have introduced these temporary changes to help employers and landlords conduct checks more easily as people follow advice to stay at home to protect the NHS and save lives, during the coronavirus outbreak.”

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