Local Authority round-up 06/11/20

Brexit

Serious differences remain over a post-Brexit trade deal

Following the completion of the latest round of trade talks which took place in Brussels, the EU and the UK have both confirmed that differences remain over a post-Brexit trade deal. EU negotiator Michel Barnier said there were “serious divergences” over fishing and competition rules and UK negotiator David Frost said “I agree with Michel Barnier that wide divergences remain on some core issues. We continue to work to find solutions that fully respect UK sovereignty.” With time running out for an agreement to be reached before the end of the transition period on 31 December, it is expected that talks will resume again next week. If a deal is not done, the UK will trade with the EU according to the default rules set by the Geneva-based World Trade Organization.

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UK signs economic partnership agreement with Japan

The UK and Japan have signed the UK-Japan Comprehensive Economic Partnership Agreement (Agreement), providing continuity for UK exporters to Japan after the end of the UK-EU transition period on 31 December 2020. CEPA will replace the existing economic partnership agreement between the EU and Japan. The Agreement is a comprehensive free trade agreement covering various areas of trade policy, including trade in goods, eventually eliminating tariffs on 99% of trade between the UK and Japan. It also includes provisions on services, investment and e-commerce, containing commitments liberalising cross-border trade in services and investment, and making it easier for people to travel between the countries for business purposes. The Agreement also contains an ambitious chapter facilitating digital trade and data flows. It also covers other trade-related measures, including Government procurement, competition policy and subsidies, and intellectual property rights. The House of Commons International Trade Committee has announced that it will publish a short report on the agreement after hearing evidence from stakeholders. Stakeholders may submit evidence until 11 November 2020.

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Trade deal negotiations are finalised with Kenya

Negotiations on a trade deal with Kenya have been finalised this week which will ensure all companies operating in Kenya, including British businesses, can continue to benefit from duty-free access as they export products including vegetables and flowers to their customers back in the UK. The agreement will be formally signed once it has been subject to checks. International Trade Minister Ranil Jayawardena said “I’m delighted we’ve reached a trade agreement with Kenya. This deal gives businesses the certainty that they’ll be able to continue trading as they do now, supporting jobs and livelihoods in both our countries.”

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Institute for Government publishes report on UK readiness for end of Brexit transition period

On 3 November 2020, the Institute for Government published a report, Preparing Brexit: how ready is the UK? This report assesses how ready the UK Government, business and individuals are for the end of the transition period on 31 December 2020, and identifies three main areas of concern. First, the Northern Ireland Protocol to the UK-EU withdrawal agreement will not be fully implemented on 1 January 2021. The joint UK-EU committee still needs to take decisions about the practical operation of the Protocol. The infrastructure to administer new processes on Great Britain-Northern Ireland trade will not all be operational. The Government will need to make a trade-off between applying the letter of EU law (and risk more extreme disruption to trade) and facilitating the flow of goods (and risk ending up before the Court of Justice of the European Union). The report recommends that the EU should acknowledge that fully implementing the Protocol by January 2021 will be almost impossible and be ready to show some flexibility. The UK Government must prove that it will not renege on its international obligations, the first step being to remove the clauses in the United Kingdom Internal Market Bill 2019-21 that have undermined trust. It secondly notes that disruption at the EU-Great Britain border is inevitable due to poor trader readiness and EU checks from 1 January 2021. The report recommends that the Government should consider light-touch enforcement or further delays to new import controls to minimise disruption, and should clearly communicate the changes to import processes. The report identifies business readiness as the biggest problem, with the coronavirus pandemic leaving many UK firms less prepared than they were in 2019. The report notes that in October 2020, a third of small businesses believed that the transition period would be extended, despite the deadline for any extension having passed in June 2020.

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Commercial

Councils given £15 million to protect rough sleepers

Communities Secretary Robert Jenrick has announced that councils will receive a further £15 million in funding in order to ensure that every rough sleeper is offered somewhere safe to stay over the winter period. The funding will be provided under the Protect Programme scheme which will run alongside the existing ‘Everyone In’ campaign in order to provide accommodation for rough sleepers during the coronavirus pandemic. Funding will be provided to councils who have high numbers of rough sleepers to provide extra targeted support and to enable councils to prioritise those who are clinically vulnerable. Councils will be required to update their rough sleeping plans by the end of the year and provide an overview of the support they are providing. Mr Jenrick said “As the new national measures come into force, I am launching the Protect Programme to ensure councils are offering everyone sleeping rough on our streets today somewhere safe to go – protecting people from the virus and moving forward with our goal of eliminating rough sleeping.”

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Regulatory

Regulations introducing 28-day English lockdown made

The Government introduced the Health Protection (Coronavirus, Restrictions) (England) (No. 4) Regulations 2020 (SI 2020/1200), which came into force on 5 November 2020 and imposes an England-wide lockdown for 28 days in order to slow the spread of coronavirus. The Regulations revoke the legislation made on 12 October 2020, introducing a three-tier system, although the Government states that it anticipates reinstating this when the lockdown expires on 2 December 2020. Social restrictions prohibit individuals from leaving or being out of their homes unless they have a reasonable excuse, such as going to work (if they cannot reasonably work from home), shopping at those shops permitted to remain open, exercising and using essential services. Restrictions on gatherings prevent individuals from meeting with others outside their own household (or their bubbled or linked childcare households), whether indoors or outdoors, unless an exception applies. Again, exceptions focus on the use of essential services. However, meeting one individual from another household in a public outdoor space is permitted. Organising a gathering of more than 30 people is an offence unless an exception applies. Hospitality businesses must stop serving food and drink on their premises although off-premises sales are permitted, subject to restrictions. Most leisure and recreation venues, both indoors and outdoors, must close, although they can continue remote sales and open for limited purposes, such as blood donation and use by professional sportspersons. Shops other than those identified as providing essential goods and services must close, although they can continue to make remote sales. All types of holiday accommodation must close, although they can continue to provide services to certain persons, such as the homeless and those attending funerals. Libraries, places of worship, community centres and crematoria and burial grounds must close, but they can continue to provide specified essential services. Fixed penalties for breach of the restrictions on movement and gatherings start at £200 and can increase up to £6,400 for repeat offences. Fixed penalties for breach of the restrictions on businesses start at £1,000 and can increase up to £10,000. The fixed penalty for the organising a gathering offence is £10,000.

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Planning and housing

‘Right to Build’ review announced

Housing Secretary Robert Jenrick has announced a review to make it easier for people to build their own home. Councils are currently required to keep a register of those who wish to build in their local area and by ‘Right to Build’ day, 30 October each year, councils should have granted planning permission to enough suitable plots to match the demand on their register. The review which Mr Jenrick announced will examine how effective the arrangements are and will require councils to publish the data they collect on self and custom builds in their areas annually. Mr Jenrick said “We are backing people who want to design and build their own home and today I have launched a review to ensure councils provide enough land and take proper consideration for these homes when making planning decisions in their area. This will help more people get a foot on the housing ladder and support our building industry as we deliver the homes that this country needs.”

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Sheffield council homes not up to standard

Sheffield City Council has reported that 2,932 council houses in the area are in a state of disrepair and not up to standard because tenants refused free refurbishments under the Decent Homes programme. Sheffield City Council officers say that without improvements the properties will not meet national standards by 2026 and the council hopes to work with those tenants in order to carry out the works and bring the properties up to standard. Paul Wood, cabinet member for neighbourhoods, said “The council takes the quality of our social housing very seriously but tenants declined the work for a number of reasons including the inconvenience, because they had done their own improvements and because they were satisfied with the property at that time. Over the past few years some of these properties now require additional work to ensure the standards are maintained and we will deliver that for our tenants to ensure we have the best possible maintained stock in the UK.”

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Further protection announced for renters

With the Government announcing a further national lockdown, Housing Secretary Robert Jenrick has announced that evictions will not be enforced whilst national restrictions are in place in order to protect renters. Evictions will not be enforced by bailiffs until 11 January 2021 at the earliest, except for the most egregious cases such as anti-social behaviour or where the renter is the perpetrator of domestic abuse. The six month notice periods, previously announced, will also still be in place until at least the end of March 2021, except for most serious cases, to allow renters to find alternative accommodation. Mr Jenrick said “We are now going further by protecting renters from eviction during the new national restrictions and throughout the Christmas period – with a pause on bailiff activity other than in the most serious circumstances, such as anti-social behaviour or fraud. Striking the right balance between helping tenants in need while ensuring landlords have access to justice in the most serious cases.”

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