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Local Authority round-up 10/09/18

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

House of Lords to consider the Trade position post-Brexit

Following its completion in the House of Commons, the Trade Bill is set to be introduced to the House of Lords on 11 September 2018 for its second reading. The Bill is intended to make some legislative changes needed to enable the UK to implement an independent trade policy once it has left the EU. For example, establishing a new independent UK body, the ‘Trade Remedies Authority’ to defend UK businesses against unfair trade practices. Moreover, to ensure the UK Government has the legal ability to gather and share trade information and create the necessary powers for the UK to facilitate appropriate transitional arrangements for trade agreements.

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Secretary of State provides an update on Brexit negotiations

In a statement to Parliament, the Secretary of State for Exiting the European Union, Dominic Raab, has confirmed, amongst other matters, that the Government has “injected some additional pace and intensity into the negotiations, as we reach the final stages.” He also confirmed that the vast majority of the Withdrawal Agreement has been agreed; yet continued work is required to negotiate the Northern Ireland backstop. In terms of the likelihood of a no-deal in March next year, Mr Raab is “confident that a deal is within our grasp” however, “the UK will be ready for Brexit – deal or no deal – and prepare, whatever the outcome, so this country will go from strength to strength.”

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Briefing paper examines proposals in the Government’s White Paper

The House of Commons has published a briefing paper looking into the proposals of the Government’s White Paper published on 12 July 2018, their reception in the UK and EU and any corresponding provisions in the Government’s ‘Alternative White Paper.’ In particular, it looks at the UK and EU’s Economic Partnership, the Irish Border, Security Partnership, Cross-cutting and other cooperation and institutional arrangements. Interestingly, it challenges the notion introduced by the Government’s proposals in the White Paper to “not give the Court of Justice of the European Union jurisdiction” and suggests that it is not clear whether the UK would be a “privileged litigant” in this regard.

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Ex-foreign secretary claims Brexit plans would hand the EU “victory”

Boris Johnson has commented that Theresa May’s Chequers Brexit plan is a “historic mistake” that will result in national “humiliation.” The comments are his first substantial intervention on Brexit since his resignation from the cabinet last month. However, Mrs May’s official spokesperson responded and said: “There are no new ideas in this article to respond to.” Furthermore, defending Mr Johnson’s remarks, former home secretary Amber Rudd, said the Chequers plan represented “the best shot we have of Brexit that is going to work for the UK.”

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Commercial

Bids open for integrated communities English language programme

From 5 September 2018, councils, charities and other providers have the opportunity to bid for funding to run new programmes which offer creative methods of teaching English for local residents. The programme’s incentive aims to tackle one of the key causes of poor integration, a lack of English language skills, and follows on from a Government funded community based English language programme, which has already supported over 73,000 adults over 5 years, focusing on women who are economically inactive.

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Water companies reveal plans to benefit consumers

Several water companies have set out plans to reduce bills while reducing leaks for millions of consumers in England and Wales, following a political backlash against performance of the water industry this year. Severn Trent and United Utilities have proposed to cut bills by 5% and 10.5% respectively, whilst South West Water said it would offer customers a stake in the business. Meanwhile, the UK’s biggest water company, Thames Water, has promised to keep its bills flat but confirmed it will return £20 million to shareholders compared to the £100 million it returned last year.

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Council funds invest £600 million in fracking industry

A fracking report has revealed that more than £600 million was provided by council pension funds in firms with fracking operations overseas in 2016 and 2017. The report claims that the controversial technique of fracking is simply distracting energy firms and governments from investing in renewable sources of energy, and encouraging continued reliance on fossil fuels. In defending the statistics, the Welsh Local Government Association (WLGA) has asserted that all funds were members of the Local Authority Pension Fund Forum which considers and advises on ethical and climate-related investment issues.

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Housebuilder reveals pre-tax profits of up to £380m

The largest housebuilder in Wales, Redrow, has announced another year of record pre-tax profits totally £380 million which is up by 21% compared to last year and represents the fifth year in a row of an increase in annual profits. The firm have explained that the demand for new homes had been driven by the competitive mortgage market and the UK Government’s Help to Buy Scheme. However, it said that clarity over Brexit and the future of the housing-buying scheme is required and would help boost the housing market.

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Regulatory

Local Government Association (LGA) responds to latest suicide statistics

Figures released by the Office for National Statistics on 4 September 2018 reveal that in 2017 there were 5,821 suicides registered in the UK, an age-standardised rate of 10.1 deaths per 100,000 population. Responding to the statistics, Councillor Ian Hudsepth, Chairman of the LGA’s Community Wellbeing Board, has commented that “suicide prevention is a high priority for councils, which already provide a range of vital services” however, he emphasised: “we need a root and branch overhaul of mental health services, which focuses on prevention and early intervention, particularly for children and young people.”

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Councils defend use of false Facebook profiles

Councils in Wales have admitted to using ‘pseudonym’ profiles in investigations into counterfeiting. A non-profit privacy campaigning organisation insists that the tactics are “shocking” and interfere with the right to privacy. However, the councils have defended the method and said that the method is legal and helps to protect the public and businesses from criminals. According to the Chartered Trading Standards Institute, undercover operations are a key aspect for enforcement bodies in tackling criminal behaviour. A spokesperson for the Institute confirmed that: “trained officers are overseen by a national body, and evidence is logged in the same way as physical evidence would be.”

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Council utilises Sustainable Communities Act to challenge the impact of Brexit

Plymouth council is thought to be the first council to use the Sustainable Communities Act 2007 to urge the Government to reveal the impact of Brexit. The Act allows local authorities to ask central Government to remove legislative or other barriers to the improvement of the economic, social and environmental well-being of the area. The leader of Plymouth council, Tudor Evans, has used the Act to ask the Government to share its information about Brexit’s effect on the city, even if the information concerned is considered confidential.

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London councils launch low emission zones

From 3 September 2018, petrol, diesel and all other vehicles emitting more than 75g/km of CO2 will be banned from 9 streets of London between 7 and 10am and 4 and 7pm from Monday to Friday, reducing harmful emissions while people travel to work and school and making it easier to walk and cycle in the area. The ban forms part of a new Ultra Low Emissions Scheme which has been introduced by Hackney and Islington councils, with funding from the mayor of London’s Air Quality Fund and the Office for Low Emission Vehicles’ Go Ultra Low City Scheme.

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Planning and housing

Survey reveals that poorest households did not benefit from ‘wealth boom’

Results from a survey conducted by the Resolution Foundation reveal that between 2006 and 2008 and 2014 and 2016, overall household wealth rose from £10.1 trillion to £12.8 trillion after adjusting to inflation. However, while there has not been an overall increase in wealth inequality, the Foundation warns the wealth gap has widened in certain regions. According to the findings, London has the largest gap while the South West represents the smallest gap of over £500,000. Senior Policy and Research analyst at the Resolution Foundation said: “although the capital is by far the most unequal region, there are big differences in wealth within every region and nation.”

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Mayor of London reveals plans for the demolition of London properties

Sadiq Khan has confirmed that nearly 8,000 homes could be demolished under regeneration plans, raising concerns that social housing will not be replaced. Of the estates to be regenerated, more than 80 will be fully or partly demolished, according to council responses to a BBC freedom of information request. However, overall, more than 31,000 residents in London will be affected in 118 sites undergoing or facing regeneration. Mr Khan has told councils that they must now ballot residents on regeneration plans to secure City Hall funding.

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Upcoming seminars

As you may well know we run a programme of seminars on a wide range of topics. Listed below are those seminars coming up which we feel may be of interest to you. Please click on the links for further information and to book your place. You can see our full programme of upcoming events by clicking here.

Housing Managing Law School – Autumn Term

This will be the twelfth semester in our series of Law Schools and the Autumn term will bring with it a brand new programme, with our experts covering up to the minute topics that you need to know about. The sessions will cover a housing law news round up, GDPR for housing management, the rising cost of disrepair and an ask the experts case surgery and Q&A session.

Wednesday 3rd October 2018 (Newcastle)

Wednesday 17th October 2018 (Manchester)

Wednesday 24th October 2018 (Leeds)

Procurement law update

This session is designed to provide you with a unique opportunity to hear first-hand from leading procurement experts who will share their thoughts on the most topical issues of the moment, as well as reviewing the new regulations one year on from introduction.

Thursday 11th October 2018 (Newcastle)

Thursday 18th October 2018 (Newcastle)

Wednesday 7th November 2018 (Leeds)

Thursday 15th November 2018 (Manchester)

Thursday 22nd November 2018 (London)

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.

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