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Local Authority round-up 13/03/20

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

First round of trade talks concludes

The first round of trade talks between the UK and the EU concluded last week with, second round is due to start on 18 March. Both sides agreed that differences remained as the UK wants a “Canada-style” free trade agreement but the EU wants a closer relationship with the UK post Brexit. European Commission president Ursula von der Leyen said that the UK should consider the trade-offs it is willing to make in a post-Brexit deal as the closer its access to the single market is, the more it must adhere to EU rules. Michael Gove said the UK “would regain its economic and political independence” and any deal “would need to reflect that reality.” He has previously said that if there is no indication of a deal being reached by June the Government would end talks with the EU. Mr Gove said there had been “a degree of common understanding” during the discussions in some areas, which would be returned to in future talks but “In other areas, notably fisheries, governance and dispute settlement, and the so-called ‘level playing field’, there were, as expected, significant differences.” Mr Gove said the UK expected to table a number of legal texts, including a draft free trade agreement, ahead of the next round of talks.

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“Serious” differences remain between the UK and EU, says Barnier

The EU’s chief negotiator, Michel Barnier, has said that following the first round of trade talks “very difficult” areas needed to be resolved, but a “good agreement for both sides” remained possible. He said that there were disagreements over competition rules as there was a “question of trust” over the UK’s pledge to ensure fair and open competition. The EU wants the UK to sign up to strict competition rules, and to “ensure the application” in the UK of EU state-aid rules on subsidies for business but Boris Johnson has rejected this approach. There were also differences over fishing regulations with the EU wanting to “uphold” existing access to British waters for vessels from member states, to avoid “economic dislocation” for their fishermen. However, the UK has proposed to hold annual talks over access to its waters. Both sides have pledged to find a solution on that issue before July. There were also differences over police co-ordination and how a deal with be enforced.

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Brexit could compromise UK’s ability to secure coronavirus vaccine quickly and cheaply

With coronavirus continuing to spread, a vaccine is not expected to be available until next year, at which point the UK will have left the EU. If a vaccine is not available until after we leave the EU then the UK would be outside of the EU’s medicines regulator, the European Medicines Agency (EMA). As a pandemic has not yet been declared the EMA will work under the usual authorisation system for the vaccine which usually takes around 210 days, so it would be available after the UK has left the EU. If no alignment to EMA approvals is agreed as part of the trade talks then drug makers would prioritise the EU market rather than submitting their drug to the Medicines and Healthcare Products Regulatory Agency first. It is unclear at this stage whether the Government plans to seek special access to the EMA’s rapid approval system post Brexit. The Brexit mandate states that the UK is “open to exploring cooperation between the U.K. and EU in other specific and narrowly defined areas where this is in the interest of both sides, for example on matters of health security” but nothing is yet to be decided in relation to this in the current trade talks.

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Brexit talks could be delayed due to coronavirus

With coronavirus now being declared a pandemic by the World Health Organization, it is thought that this may delay the second round of Brexit talks which were due to start on 18 March.  Michel Gove has said that these talks could now be cancelled but insisted that if that happens the Brexit transition period will not be extended.  Mr Gove said “We were also looking forward to the next stage of negotiations going ahead but we have had indications today from Belgium there may be specific public health concerns.”  EU ambassador to the U.K., João Vale de Almeida, also refused to rule out a delay saying “I don’t think we can exclude anything at this point in time, given the magnitude of this crisis.”

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Commercial

Home Office announces further funding for EU Settlement Scheme

The Home Office has announced a further £8 million funding for the EU Settlement Scheme which charities and councils can bid for. The money is to provide support to vulnerable people across the UK to help EU citizens apply to the EU Settlement Scheme. Successful charities and councils can use the funding to provide face-to-face, online and telephone support which may include legal support, caseworker services or general advice in individual or group sessions. The bid process will begin shortly and more details will be announced in due course. Successful applications will also be supported by the Home Office. Minister for Future Borders and Immigration Kevin Foster said “Supporting vulnerable EU citizens and their families is at the forefront of our approach to the EU Settlement Scheme. This new funding means no stone will be left unturned in ensuring everyone gets the help they need.”

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Councils adopt AI technology to save money

A survey carried out by local government artificial intelligence (AI) and chatbot specialists Agile Datum, has revealed that councils are expected to save over £195 million in 2020 through the introduction and adoption of AI techniques. Councils are expected to save an average of £300,00 in the next 12 months through greater use of AI and £180,000 through the use of self-learning chabots. The chatbots will help councils to reduce call volumes and improve customer services as well as saving money for councils by providing “the potential to free up resources and staff time from an array of administrative tasks.” Nearly a quarter of councils already have an AI strategy in place and most councils are expected to have one, together with a chatbot strategy, in place within the next 12-18 months.

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Councils to receive an extra £500 million a year under new Potholes Fund

Chancellor Rishi Sunak has announced that under the budget councils will receive an extra £500 million a year from 2020/21 to 2024/25 though the new Potholes Fund in order to provide additional funding for local road maintenance. In announcing the funding, Mr Sunak said the money will “fix up to 50 million potholes…but will also be available for local authorities to undertake longer-term road resurfacing works to prevent potholes from appearing in the first place.” It is currently unclear how the money for local road maintenance will be distributed but it is likely that it will benefit regions who have more streets to look after.

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Regulatory

More investment needed to reach 2050 net zero target

The Institute for Public Policy Research (IPPR) has estimated that an additional £33 billion of annual investment is needed from the Government in order to meet its target of net zero carbon emissions by 2050. IPPR said that the most important areas for public investment are transport and buildings. IPPR also calls for more investment in nature, farming and industry, and emphasises the importance of social justice when delivering this investment to ensure no communities are left behind.

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Leeds to launch Clean Air Charging Zone in September

Leeds City Council has announced that it is aiming to launch its Clean Air Charging Zone on 28 September which aims at tackling air pollution and protecting the health of residents in the city. The zone was announced after the Government found that certain parts of the city would exceed their legal air quality limits. Under the new rules buses, coaches, heavy goods vehicles, taxis and private hire vehicles which fail to meet minimum emissions standards will be charged for driving within the zone’s boundary. The council has provided £5.4 million to help local businesses switch to cleaner vehicles and an additional £3.1 has been provisionally approved to support affected vehicle owners and operators to transition to lower emissions vehicles that won’t be charged.

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Planning and housing

Councils lacking housing for the homeless

New research carried out by the charity Crisis, has reported that councils are unable to house homeless people due to a lack of affordable housing. The research revealed that around 38% of people who approached a council for help under the Homelessness Reduction Act have remained or became homeless due to a lack of affordable housing and councils were only able to provide them with advice and information regarding renting homes privately. Crisis chief executive, Jon Sparkes said “It’s deeply distressing that, across England, councils are being forced to leave the people they are trying to help on the streets or drifting from sofa to sofa – all because they cannot find somewhere safe and affordable for them to live.” Crisis is now calling on the Government to invest in housing benefit so it covers the cheapest third of rents and for the Government to commit to building 90,000 social homes each year for the next 15 years.

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Government urged to scrap restrictions on energy efficiency standards

The Government has proposed, under part of the consultation on Part L of the Building Regulations and the Future Homes Standard, to restrict local planning authorities from setting higher energy efficiency standards for dwellings however council leaders are urging the Government to scrap those proposals. A group, which includes the mayors of London, the West Midlands and Greater Manchester, have written a letter to the secretary of state for housing, communities and local government, Robert Jenrick, urging him to rethink the proposals. They have requested that councils be given the freedom to set higher standards than Government is proposing nationally. In the letter they state that “Not only would this hold back those areas which want to be more ambitious than the national minimum, but it would also level down areas like London, where developers have successfully been building to a higher standard for several years.”

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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.

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