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Local Authority round-up 14/01/19

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

‘Meaningful vote’ on Brexit resumes in Parliament

On 9 January 2019 MPs resumed the ‘meaningful vote’ debate on the EU Withdrawal Agreement, following the Government’s decision to defer the vote on 10 December 2018.  The debates will occur over 5 days, leading to a ‘meaningful vote’ and amendments at the end of the day on Tuesday 15 January 2019. On day one of the debates, a procedural amendment to the plan’s progress was passed through the House of Commons. The Government lost by 11 votes, with 297 MPs voting with them and 308 against. The amendment gives Theresa May 3 parliamentary days to present a new Brexit plan to MPs if her current proposal is voted down next week.

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Government publishes Stormont EU power plans

The Government has published plans which give Stormont a say on new EU rules if the border backstop comes into force after Brexit. The backstop is a position of last resort to maintain a soft border on the island of Ireland and would involve Northern Ireland (NI) staying in large parts of the EU single market, unless and until a long-term deal emerged that kept the border as open as it is now. Under the proposals, the NI Assembly would have to be consulted, with its views brought before Parliament ahead of a vote at Westminster and there would be no divergence in rules applied in NI and the rest of the UK before the backstop would come into effect.

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Opposition demand answers after Seaborne Freight contract

Shadow Transport Secretary, Andy McDonald, has asked the Government to provide details on the recently awarded contract to Seaborne Freight as part of its ‘no-deal’ contingency planning. The request follows criticism faced by Transport Secretary Chris Grayling after his department awarded the British firm Brittany Ferries with a £14 million contract that, as Mr McDonald described, was awarded to a company “with no money, no ships, no track record, no employees, no ports, one telephone line and no working website or sailing schedule.”

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Lorries complete trials to mitigate post-Brexit traffic queues

On 7 January 2019 a convoy of 89 lorries descended on a disused airfield on a 20-mile route to the Port of Dover. The drivers congregated in a large group at the airfield before being directed by officials from the Department for Transport, Kent County Council and police officers along the A256 towards Dover. However, Road Hauliers Association Chief Executive Richard Burnett said: “[the] trials cannot possibly duplicate the reality of 4,000 trucks being held at Manston airport […]” and added “Its little too late – this process should have started 9 months ago. At this stage it looks like window dressing.”

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We have created a Brexit checklist to assist businesses with the various challenges and opportunities presented by Brexit. Please click here to view.


Commercial

Local Government Association (LGA) responds to NHS Long Term Plan

On 7 January 2019 NHS England’s chief executive Simon Stevens and Theresa May launched the NHS Long Term Plan to improve the quality of patient care and health outcomes for the NHS. The plan sets out how the £20.5 billion budget settlement for the NHS will be spent over the next 5 years. Responding to the plan, Councillor Ian Hudsepth said: “The plan has a much needed focus on prevention, early support and reducing health inequalities as well as promising investment in primary, community and mental health services.” However, “the ambition set out can only be fully realised if adult social care and public health services in councils are also properly funded.”

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£14 million investment to transform Redcar steel site

Northern Powerhouse Minister, Jake Berry, has approved a new £14 million investment to transform a site at the South Tees Development Corporation in Redcar, also home to the former Sahaviriya Steel Industries site. The land is set to be transformed and made ready for development, creating new jobs, growth and attracting over half a billion pounds of private sector investment. Referring to the investment, Mr Berry said: “It’s a further demonstration of how we’re helping to build a new golden era for the North East as part of our Industrial Strategy, and ensuring the Tees Valley is open for business as we are set to leave the European Union.”

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Research suggests skills gap is worsening

Research commissioned by the LGA’s Skills Taskforce, suggests that by 2024, a growing skills gap will result in 4 million too few high skilled people to fill demand and 8 million too many intermediate and low skilled people than there are jobs. The LGA argues that failure to address the growing skills gap puts at risk of up to 4% of future economic growth, or a loss of £90 billion economic output, and the average worker could be £1,176 a year worse off. It further recommends a ‘place-based approach’ is critical to ensure that combined authorities, councils and local partners can plan how their areas will respond to the challenges and opportunities of Brexit and the Government’s Industrial Strategy.

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Million pound funding to boost youth organisations

The Department for Digital, Culture, Media and Sport has announced that more than 6,000 new uniformed group places are being created for young people and those from disadvantaged backgrounds across England. In particular, the following nine projects have been awarded funding from the Uniformed Youth Fund:  Boys Brigade; Fire Cadets; Girls Brigade; Girl Guiding; Jewish Lads and Girls Brigade; Scouts; Sea Cadets; St Johns Ambulance and Volunteer Police Cadets. The funding will provide opportunities for these organisations to open up new units in disadvantaged areas or increase their recruitment drive for volunteers.

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Regulatory

Minister delays Universal Credit vote  

Work and Pensions Secretary Amber Rudd has delayed the next phase of the Universal Credit (UC) roll out following ongoing concerns that it was increasing poverty in areas where it has been introduced. Ms Rudd confirmed that Parliament will vote in the coming weeks to transfer 10,000 people from the old system to UC, instead of 3 million as originally planned.  This process will then be assessed and further Parliamentary approval sought before every other existing welfare claimant is moved. Parliament officials close to Ms Rudd, insisted she had not been “forced” into delaying the rollout over fears of losing the vote but had chosen to “take ownership” of the initiative.

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Combined Authority to consider plans for ‘bus byelaws’

On 11 January 2019 the West Midlands Combined Authority will consider a plan to use new powers for tackling anti-social behaviour on buses in the region. If approved, Transport for the West Midlands, which is part of the combined authority, will invite views on a set of proposed byelaws which would apply to buses, bus shelters and bus stations. If adopted they would be the first set of bus byelaws in the UK, and would give enforcement officers greater powers to deal with a range of anti-social acts such as smoking and vaping, being intoxicated by alcohol and drugs and vandalising property.

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Council admits data breach but avoids action by the Information Commissioners Office (ICO)

Chelmsford City Council has investigated a website related error that caused personal data of more than 6,500 people to be leaked and accessible online. The council has apologised for the error which disclosed personal data such as names, addresses and some national insurance numbers, but did not apparently reveal bank details. The council said that the incident was reported to the ICO, which confirmed that it will not be taking action against the council at this time. This is because of the council’s timely response to the issue by taking the correct remedial steps to address the breach and prevent any future occurrences.

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Planning and Housing

‘Smart homes’ to assist older and disable people

A number of ‘smart homes’ are to be created in rural West Essex as part of an innovative scheme to boost the nation’s digital skills.  Owners of the smart homes will receive a digital assessment, before having their homes ‘kitted out’ in the relevant technology. The experts will then open their homes for older people to visit so they can learn first-hand from their peers how to make the most of smart technology, to control household appliances, book GP appointments online and contact friends and family by video. Younger, ‘digital buddies’ will also be on hand to support with digital skills.

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Letting agency fined for ‘bait and switch’ advertising

A letting agency has been ordered to pay a £167,000 fine after being prosecuted by the London Borough of Tower Hamlets for a so-called ‘bait and switch’ renting strategy, which sees a prospective renter lured to a premises by being shown a room that is in excellent condition at a good price. Subsequently that room is not available and the renter is offered a room of a lower standard. In addition to the fine, and following a guilty plea, SDV HQ Limited were ordered to pay costs of £8,089.06 and £740 compensation to the complainant.

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Communities Secretary announces new East Midlands Manufacturing Zones

Communities Secretary James Brokenshire has announced four projects, involved in the space industry, food sector and the development of HS2, which will form the new and innovating East Midlands Manufacturing Zones. The zones aim to reduce planning restrictions to allow land to be used more productively and provide certainty for business investment. Melton Mowbray, Space Park Leicester, and areas across North Derbyshire and Greater Lincolnshire will together benefit from a total of £500,000 and boost economic growth and jobs in the Midlands Engine.

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Coventry restaurant owner fined over illegal marquee

The owner of a Coventry restaurant has been fined for failing to comply with a Planning Enforcement Notice to remove a marquee which has been in use for the last two years. An investigation by Enforcement Officers established that the owner had not sought planning permission for the marquee and that there was no ‘permitted development rights.’ Despite a planning application and appeal which was refused, and in addition to a further warning, the marquee remained in place. The owner was fined £12,000, ordered to pay £15,45 in council costs and a £170 victim surcharge. The fine is the largest that has ever been imposed following action by the council.

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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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