Local Authority round-up 11/10/19

Brexit

Varadkar and Johnson have a “detailed and constructive discussion”

Boris Johnson and Irish leader Leo Varadkar met today in a one-to-one discussion, lasting over two hours, to see if an agreement could be reached in relation to Brexit.  Talks were described as “constructive” with a joint statement being issued saying “Both continue to believe that a deal is in everybody’s interest.  They agreed that they could see a pathway to a possible deal.”  Downing Street said the talks concentrated on “the challenges of customs and consent.”  A crunch EU summit next week on 17 and 18 October is seen as the last chance for the UK and EU to agree a deal ahead of 31 October deadline.

For more information please click here.

Parliament called to special Saturday sitting

Parliament will sit at a special sitting on Saturday 19 October in order to decide the UK’s future on Brexit following the EU summit. If Boris Johnson is able to reach a deal at the summit then MPs will be asked to approve it but if no deal is reached between the UK and the EU at the summit then he will need to present a range of options for MPs to debate and decide on. MPs will have to agree a business motion in the Commons for the sitting to take place. Under legislation known as the Benn Act, the Prime Minister will be required to write to Brussels to request a further delay if a deal is not signed off by Parliament by 19 October, unless MPs agree to a no-deal Brexit.

For more information please click here.

Brexit deadlock continues

Following fresh proposals being put forward to the EU last week for a Brexit deal, EU leaders have criticised the UK’s Brexit proposals with Chief Negotiator Michel Barnier saying the EU needed workable solutions “today not tomorrow” but he did say he believed “with goodwill” on both sides there could be an agreement in the run-up to the summit. He added that the UK was proposing replacing an “operable, practical and legal solution” to avoid a hard Irish border with “one that is simply a temporary solution.” European Commission President Jean-Claude Juncker also told MEPs that progress had been limited.

For more information please click here.

Scottish court delays decision on Brexit extension

Following an application by campaigners to request judges to enforce the Benn Act, which aims to prevent a no-deal Brexit by requiring Boris Johnson to ask EU leaders for a delay if a deal has not been agreed by 19 October, Judges at the Court of Session have delayed their decision noting they could not rule on the matter until the political debate has “played out.” The court will now sit on 21 October to see if a decision can be reached. If the claim is successful the judgement will require to the court to in effect sign a letter to European leaders on behalf of Mr Johnson if the Prime Minister refuses to do so himself.

For more information please click here.

Government publishes no-deal readiness report

The Government has published a paper, “No-Deal Readiness Report”, setting out the changes that could take place in the event of a no-deal Brexit and highlighting the work that the Government is doing to prepare for such a scenario. The paper states that while the Government would prefer the UK to leave the EU with a deal, it is prepared to leave without a deal. In the immediate aftermath of a no-deal scenario, the report notes that the UK and the EU would trade on World Trade Organization (WTO) terms, and the direct effect of EU law would no longer apply. The paper outlines the Government’s no-deal preparations for various sectors, including data protection, energy and environment and services. The report also sets out the changes at the UK-EU border, changes to rights of EU citizens in the UK and UK nationals in the EU, changes to civil justice co-operation, actions taken to support local authorities, and work undertaken with the devolved governments. It also summarises the Government’s Operation Yellowhammer contingency plans.

For more information please click here.

Queen approves second Order in Council to prorogue 2017-19 parliamentary session

On 8 October 2019, the Queen approved an Order in Council providing for the prorogation of Parliament by commission from 8 to 14 October 2019. The 2017-19 parliamentary session was prorogued at the end of the sitting on 8 October 2019. The consequences of this include that Government Bills which had not received Royal Assent by the end of that session fell, unless carried over to the next session, all Private Members’ Bills that had not received Royal Assent by the end of that session fell and some statutory instrument procedures cannot take place during prorogation. In the Government’s view, all the primary legislation needed for the UK to leave the EU on exit day in a no-deal scenario is already in place. However, the Government’s failure to progress and pass the fallen Brexit Bills reduces legal certainty about the nature of pending policy changes to retained EU law in these areas. The Government can choose to introduce new Brexit Bills in the next session, but must start the Bill procedures again from the beginning.

For more information please click here.

Commercial

Consultation paper sets out the Government’s proposals for how to fund local government in 2020 to 2021

The Government has published a consultation document setting out its proposals for how to fund local government in 2020 to 2021 which confirms that the Core Spending Power of councils is estimated to rise in real terms by 4.3% to £49.1 billion in 2020 to 2021, an increase of £2.9 billion and as part of this councils will be able to access an additional £1.5 billion of funding for adult and children’s social care. Councils across England will be encouraged to submit views to the Government’s funding proposals for the sector in the next financial year. The consultation will last for 4 weeks from 3 October 2019 to 31 October 2019 and covers proposals for the local government finance settlement 2020 to 2021.

For more information please click here.

Government announces Air Quality Grant Scheme

The Government has announced a £2 million fund to help councils improve air quality cross England by installing electric vehicle charging points, improving cycling infrastructure and developing local online air quality resources. Councils are being encouraged to apply for part of the funding in order to help them improve air quality through these measures. Environment Minister Rebecca Pow said: “Local authorities are in the best position to address the issues they face around their roads, and we are looking forward to receiving ideas for innovative schemes to reduce emissions and encourage cleaner, more active transport.”

For more information please click here.

Think tank warns towns are ‘starved’ of investment

New research by Centre for Towns has warned that towns are ‘starved of the investment they badly need’ as most foreign direct investment goes to the major cities. It found that in 2018 59% of all foreign direct investment coming into the UK went to core cities, such as London, Manchester, and Leeds. Centre for Towns also discovered that university towns have seen the number of FDI projects double in the last decade while ex-industrial and coastal towns have received comparatively fewer projects. Lisa Nandy, co-founder of the Centre For Towns said “The Government rightly talks about levelling up disparities between towns and cities. This excellent report outlines one reason why this needs to happen now.”

For more information please click here.

Council leaders agree £1 million funding for struggling tourism firm

North and West Yorkshire Business Rates Pool has agreed to give struggling private tourism firm ‘Welcome to Yorkshire’ a £1 million payment. The payment was agreed as it was found that managing a closedown of the company could cost more than £3 million. Before payment was made they required the company to show that “significant progress had been made to strengthen its accountability, transparency and governance of public resources” and “clear evidence that strong action was being taken to address the issues within the organisation resulting from the behaviour of their former chief executive.” Tim Swift, leader of Calderdale Council and chair of the Pool said “They have evidenced sufficient progress in both areas at this stage and we recognise that financial uncertainty has been a barrier to those improvements happening at the pace required. Therefore we have agreed to release limited funding, subject to the board changes and other agreed conditions.”

For more information please click here.

Regulatory

Research project to boost understanding of councils on how to reduce risk of corporate governance failures

The Centre for Public Scrutiny (CfPS) and Localis are undertaking research aimed at enhancing councils’ understanding of how they can diagnose and reduce the risk of failure in corporate governance, and what success factors can point the way to greater strength in this area. The research has been funded by a consortium of partners including the Ministry of Housing, Communities and Local Government, the Local Government Association and the Chartered Institute of Public Finance. CfPS Director of Research Ed Hammond said “Good governance is important in ensuring good decision making and leadership in local authorities. Weakness in governance can have far reaching implications for individual councils and the people they serve.”

For more information please click here.

Welsh Government reviews arrangements for dealing with alleged misconduct of senior officers in local government

The Welsh Government has launched a review of the arrangements for dealing with alleged misconduct of senior officers within local government in Wales. In a written statement Julie James, Minister for Housing and Local Government, said it was important the arrangements were reviewed periodically to ensure they remain fit for purpose. The current arrangements are set out in the Local Authorities (Standing Orders) (Wales) Regulations 2006 as amended. Councils in Wales can include further provision for misconduct investigations in their standing orders. Ms James said she expected the review to be concluded early next year and that any recommendation for change would be accompanied by a robust justification.

For more information please click here.

Planning and housing

Councils pilot data-driven solutions to homelessness

East Ayrshire, Pembrokeshire and Southend-On-Sea councils have agreed to join a pilot which aims at helping them improve their use of evidence and data in order to tackle homelessness. At the end of the pilot programme, the three council teams will pitch their solutions, share their experiences and plan with leadership and others to operationalise their initiative. The aim of the pilot is to help local areas reduce homelessness through becoming evidence and data driven; more effectively prioritising resources and efforts; embracing a culture of collaboration and continuous learning; and nurturing strong, visionary leaders to collaborate across silos.

For more information please click here.

Report calls for rent caps to curb housing crisis

A new report, ‘Making Home’, from the Royal Society for the encouragement of Arts, Manufactures and Commerce (RSA) and One Manchester, calls for the rollout of Scottish-style ‘rental pressure zones’ to curb spiralling rents which will give local leaders to have the power to cap rents in high-cost areas. The report found that house prices in Manchester have quadrupled in recent years and calls on Manchester City Council and the Greater Manchester Combined Authority to create new models and routes to homeownership, which could be rolled out across England.

For more information please click here.

Judicial review for 760-home scheme in area of outstanding natural beauty

Campaigners have been given the green light for a judicial review challenge over a council’s approval of what is reported to be the largest ever development in an area of outstanding natural beauty. Permission to challenge the approval of the Vearse Farm Bridport urban extension by West Dorset District Council (now the Dorset Council unitary) was granted to the ADVEARSE group at an oral hearing in Cardiff Civil Justice Centre last week. The initial application was rejected earlier this year but was granted under a renewed application. ADVEARSE said a full hearing was likely to take place early in the new year.

For more information please click here.

Sussex councils approves project for 3000 new homes

Mid Sussex District Council’s planning committee has approved Homes England’s Northern Arc scheme, which will see 3,000 new homes built at Burgess Hill in Mid Sussex, of which 30% will be classified as “affordable.” The houses will be built alongside new community facilities including three neighbourhood centres, three new schools and employment opportunities with construction expected to begin in 2020.  Ken Glendinning, head of strategic land at Homes England said “Over the next three years, we plan to invest around £41m in vital new infrastructure at the Northern Arc. This will unlock these needed new homes in Mid Sussex, making homes happen faster and ensuring they are a real benefit to the local community.”

For more information please click here.

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 Management Law School – Autumn Term 2019

Join us at the next Ward Hadaway Housing Management Law School taking place this Autumn. Autumn term will bring with it a brand new programme where our social housing experts will update you on the most recent news and topics that you need to know about from both a legal and practical perspective.

Thursday 17th October (Manchester)

HR and employment law update

Hear from Ward Hadaway’s employment specialists who will ensure that you are kept up-to-date with the latest developments in employment law.

Thursday 28th November (Middlesbrough)

Annual procurement law update 2019

These seminars are designed to provide you with a unique opportunity to hear first-hand from our leading procurement experts who will share their thoughts on the most topical issues of the moment.

Thursday 28th November (AM) (Newcastle)

Thursday 28th November (PM) (Newcastle)

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