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Local Authority round-up 19/06/20

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

Second meeting of withdrawal agreement joint committee

The second meeting of the joint UK-EU committee, responsible for overseeing the implementation and application of the withdrawal agreement, was held on 12 June 2020. The meeting was co-chaired by the UK Chancellor of the Duchy of Lancaster Michael Gove and European Commission Vice President Maroš Šefčovič. Following the meeting the Government said that only one decision was made, which was to correct ten minor errors and omissions in the withdrawal agreement relating to citizens’ rights and financial provisions. The Government confirmed that it will not consider an extension of the transition period and said the “UK reiterated our commitment to protecting the Belfast (Good Friday) Agreement in all respects, and to upholding our obligations under the Northern Ireland Protocol. The UK emphasised our commitment to EU citizens in the UK and ensuring that they and UK nationals in the EU have their rights under the Withdrawal Agreement protected.”

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EU’s statement following second meeting

Following the second meeting of the joint UK-EU committee, Vice-President Maroš Šefčovič issued a statement. He noted that he was joined by Michel Barnier, the European Commission’s Chief Negotiator, and 15 Member States representatives. He noted that the UK had confirmed that it did not want to extend the transition period and said that the EU remains open to an extension although this must be requested before 30 June 2020. He noted that if no extensions is requested then both sides have agreed to accelerate the implementation of the withdrawal agreement and to accelerate their work and that the joint committee should meet again in early September 2020 noting that “the window of opportunity to put in place the operational measures needed to ensure that the Protocol can function as intended on 1 January 2021 is rapidly closing.”

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UK-EU statement following high-level meeting on future relationship negotiations

On 15 June 2020, the high-level UK-EU meeting on the future UK-EU relationship negotiations took place by videoconference. Prime Minister Boris Johnson met the President of the European Council, Charles Michel, the President of the European Commission, Ursula von der Leyen, and the President of the European Parliament, David Sassoli, to take stock of progress and agree actions to move the future relationship negotiations forward. Following the meeting, the Government and the European Commission both published the same statement which said that the UK Government had decided not to request any extension to the transition period, which will therefore end on 31 December 2020 in line with the provisions of the withdrawal agreement. It also noted that the parties agreed that new momentum was required, and supported the plans to intensify talks in July and to create the most conducive conditions for concluding and ratifying a deal before the end of 2020. Both parties confirmed their intention was to work hard to deliver a future relationship which would work in the interest of UK and EU citizens and confirmed their commitment to the full and timely implementation of the withdrawal agreement.

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“Very good” chance of trade deal by December, says Boris Johnson

Following the high-level meeting which took place this week, Boris Johnson has said that new momentum is needed in negotiations between the UK and the EU but that if talks are intensified next month then there is no reason why a trade deal cannot be reached in July. Mr Johnson said the EU and the UK were “not that far apart” with regards to the future relationship, but he added that “a bit of oomph” was needed in the talks and said that there was a “very good” chance of getting a trade deal by the end of the year.

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Border controls will be introduced in stages

Following the Government’s announcement that it will not extend the transition period, the Government has announced that border controls for EU goods imported into Great Britain will be introduced at the end of transition period in stages to give businesses affected by coronavirus more time to prepare. The new measures will be introduced in three stages up until 1 July 2021. From 1 January 2021, traders importing standard goods will have up to six months to complete customs declarations and tariffs on goods can be deferred until a customs declaration has been made. Checks will also be carried out on controlled goods such as tobacco and alcohol with physical checks being put in place. From April 2021, all products of animals will require pre-notification and the relevant health documentation and from July 2021 traders moving all goods will have to make declarations at the point of importation and pay relevant tariffs. Elizabeth de Jong, Policy Director at the Freight Transport Association, said “The logistics industry is extremely grateful for the measures announced by the UK Government to stage the introduction of new trading arrangements between the EU and UK in the first six months after the Transition Period. They have listened to our concerns and made allowances to enable our sector to recover from the COVID-19 pandemic and plan effectively so that we can continue to trade effectively with Europe.”

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Commercial

Councils have funding shortfall of £6 billion

The Local Government Association (LGA) has estimated that councils face a funding shortfall of £6 billion this year as a result of the coronavirus outbreak and are calling for the Government to provide detailed plans on how councils will be supported to deal with this. Following local government minister Simon Clarke announcing that the Government was working on a “comprehensive plan to ensure financial sustainability of councils this financial year” Cllr James Jamieson, chairman of the LGA, said “We are pleased that the Government has indicated it is working on a comprehensive plan to address the ongoing financial challenges councils face this financial year as they lead communities through the COVID-19 crisis. We urge the Government to bring forward details of this plan as soon as possible.”

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£300 million funding to support new Test and Trace service

The Government has announced that councils across England will receive a share of £300 million funding to support the new test and trace services. The funding has been allocated to councils based on need so communities with lower incomes and higher demand for local healthcare settings will receive higher funding. The funding will be used to develop action plans to reduce the spread of coronavirus in their area by developing tailored outbreak control plans. Minister for Regional Growth and Local Government, Simon Clarke, said “Councils are playing a hugely important role in our national efforts to respond to the virus, and this includes test and trace services. This £300 million of funding is on top of the unprecedented £3.2 billion package of support we have provided to councils to ensure they have what they need to tackle the virus and respond to the immediate pressures they have told us they are facing.”

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Beach safety funding needs to be fast tracked

The LGA is calling for the Government to fast track funding to improve the safety of beaches after three people were seriously injured whilst jumping from a 200 foot jump in Dorset. The funding would be used to reinstate lifeguard services, provide beach patrols and put up safety signs in the areas. Cllr Simon Blackburn, chair of the LGA’s Safer and Stronger Communities Board, said “Councils have serious concerns following the senseless behaviour and chaotic scenes we have witnessed at beaches and beauty spots around the country in recent weeks.”

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Regulatory

LGA consults on Model Member Code of Conduct

The LGA has launched a consultation on a draft Model Member Code of Conduct that could be a template for councils to adopt in whole and/or with local amendments. The LGA said it was the intention to create additional guidance, working examples and explanatory text and the document covers purpose, the application of the Code, model member conduct, specific obligations of general conduct, civility, bullying and harassment, impartiality of officers of the council, confidentiality and access to information, disrepute, use of council resources and facilities, interests, gifts and hospitality, breaches of the Code of Conduct and example LGA guidance and recommendations. The LGA said “The onset of COVID-19 and the measures that have been introduced to curb its spread have changed the workings of local government. Remote meetings and decision-making processes have been introduced, but these have not diluted the importance of high standards of conduct of local government elected members. With more communication taking place remotely and online between members and residents, particularly through social media, there may be more difficult and heated discussions as some seek to express the fear, frustration and heightened emotions they are experiencing at this time. However, abuse, threatening and intimidatory communications continue to be unacceptable, and we have sought to address these issues in the draft code.” The consultation on the draft will run for 10 weeks until Monday 17 August and all councils are required to have a local Member Code of Conduct.

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Planning and housing

Call for council housing debt to be scrapped

Swindon tenants group is calling for the council to cancel the debt owed by Swindon Borough Council in respect of council housing. The Council owes the Government more than £100 million after it chose to retain ownership and control of its council housing rather than selling them to a housing association in 2012 following a vote by the tenants. Secretary of the Swindon Tenants Campaign Group Martin Wicks said “Councils have been seriously weakened after 10 years of austerity. The financial consequences of the pandemic after 40 per cuts in Government funding of local authorities threatens the collapse not only of council services but of whole councils. Under current conditions, without the Government covering extra costs and lost income, then setting a balanced budget will mean drastic cuts in services for next year.”

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Homes England plans 935 new homes

Homes England, has partnered with developer Vistry Homes to build 935 new homes. Homes England has sold two sites to the developer. The first is at the Sandymoor site in Halton where Vistry Partnership will build 335 homes including two, three and four-bedroom houses and affordable homes in a 100 apartment extra care scheme, to be delivered in partnership with Halton Housing Trust. The other development will be at the former site of Lea Castle hospital near Kidderminster where 600 homes will be built. Stephen Kinsella, Chief Land and Development Officer at Homes England, said “These deals demonstrate that we’re continuing to support ambitious partners who share our aim of delivering much-needed new homes. While the housebuilding industry is facing a challenging time, it’s vital that we continue to work with partners to create development opportunities like this to help the sector recover.”

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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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