Local Authority round up 20/09/19

Brexit

Supreme Court to give ruling over Parliament suspension next week

The Supreme Court has this week heard two appeals against the decision of the Prime Minister to suspend Parliament.  The first by the government following a Scottish court ruling that the decision was unlawful and the second from campaigner Gina Miller’s team.  The court has to decide whether Boris Johnson acted lawfully in suspending Parliament which it is argued was in order to stop Parliament preventing a no-deal Brexit.  Lady Hale brought the hearing to a close on Thursday afternoon and said that the court’s decision will be published next week.  Documents submitted for the government outlined options if it loses the case.  One suggested that the judges might rule suspending Parliament was unlawful, but leave open an option to prorogue it for the same period in a lawful way.  Two further options were also outlined, the first that the court could find that suspension was unlawful and that recalling Parliament before 14 October was the “only option lawfully open to the prime minister.”  In this scenario, the document says Mr Johnson would comply, but that the court could also make a “mandatory order.”  But it said there would be “very serious practical consequences”, because recalling Parliament would require a meeting of the Privy Council and a new Queen’s Speech – where the government sets out its legislative programme.  “Extensive arrangements would have to be made,” it says. The final option considered is that the court could rule the suspension was unlawful, and therefore it was never prorogued and remains in session.  But Mr Johnson’s lawyers say that it may still be open for the Prime Minister to suspend Parliament again, depending on the court’s reasoning.

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EU’s chief negotiator says the UK and EU “should not pretend to be negotiating”

Michal Barnier has said that the UK and the EU should not say they are trying to negotiate a Brexit deal if there are no new proposals on the table and he expressed his doubts on the UK proposal to give Northern Ireland a future veto over EU rules as this would require all parts of the UK to sign up to the terms of exit.  He has “called on the PM to come forward with operational proposals in writing.”  However, Boris Johnson still believes that a deal is possible saying that there is a “landing zone” for an agreement but insists that if no deal is reached he will not accept a further delay beyond 31 October.

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Finland’s Prime Minister gives 12 days for plans

Finland’s Antti Rinne and French President Emmanuel Macron have agreed that the UK need to produce Brexit plans in writing by the end of September, giving Boris Johnson just 12 days to present the plans.  Anitti Rinne said if the plans are not received by that time “then it’s over.”  The UK government said talks with the EU have been making progress and Boris Johnson has said that a deal at the summit of EU leaders on 17 October is possible but confirmed that the UK will leave the EU on 31 October with or without a deal.

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EU receives confidential documents from UK

Following Finland’s Prime Minister giving Boris Johnson 12 days to set out his Brexit plans to the EU it has been confirmed that confidential documents on Brexit have been shared with the EU and the EU has confirmed that technical talks will now take place.  It is expected that talks will take place at a political level on Friday between the EU’s chief negotiator, Michel Barnier, and Brexit Secretary Stephen Barclay and the technical discussions will focus on rules relating to customs, manufactured goods, sanitary and phytosanitary rules.  In a statement the government said “We will table formal written solutions when we are ready, not according to an artificial deadline, and when the EU is clear that it will engage constructively on them as a replacement for the backstop.”

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Corbyn maintains neutral stance

Jeremy Corbyn has refused to say which side he might back in a future Brexit referendum under a Labour government instead insisting that he will “deliver [the] option people choose.”  He has said he would offer voters a choice between Remain and a deal negotiated by Labour but refused to confirm whether he would personally support Leave or Remain.  He said “I want the people to have a choice between the offer of remaining in the EU and the offer of an agreement with the EU which will give us a trade relationship, which will give us a customs union, will give us rights, consumer rights, workers rights and environmental standards.  My job, as Prime Minister, will be to deliver that option that is chosen by the British people.”

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Plaid Cymru should campaign to cancel Brexit if a general election is called, says Adam Price

Plaid Cymru leader Adam Price has said that they should campaign to cancel Brexit if a general election is called and said members will be asked to back the change in policy.  Plaid members will vote on whether to call for the revocation of article 50 at their autumn conference next month.  He has consistently asked for a further referendum in order to break the “Brexit impasse” and noted that if a general election is held before a new EU public vote then “that election, regrettably from our perspective, becomes a proxy referendum.”  He said that there must be a clear Remain option on the ballot paper if a further election goes ahead so that people can be offered the choice.

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Luxembourg Prime Minister calls Brexit process a “nightmare”

Boris Johnson cancelled his press conference with Xavier Bettel blaming EU protesters leaving Mr Bettel to conduct the press conference alone in which he said the “only solution” was the existing withdrawal agreement.  The Prime Minister of Luxembourg also said that the Brexit process has turned into a “nightmare” and attacked Boris Johnson noting that he had failed to put forward any serious plans to allow a deal before the deadline of 31 October.

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Home Secretary says government is focused on reaching Brexit deal

Home Secretary, Priti Patel, has said that the “entire machinery of government” is focused on getting a Brexit deal with the EU and that Boris Johnson was “fully committed” to negotiating an agreement.  Boris Johnson said last week that he was “cautiously optimistic” of getting a Brexit deal, but the UK would leave by the deadline “whatever happens.”

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Commercial

Locations announced for £95 million heritage boost

Following the government’s announcement that there will be £95 million funding available for high streets by combining £40 million from the Department for Digital, Culture Media and Sport’s Heritage High Street Fund with £52 million from the Ministry of Housing, Communities and Local Government’s (MHCLG) Future High Street Fund and £3 million from the National Lottery Heritage Fund, culture secretary Nicky Morgan has announced that the fund will go to 69 towns across the country.  The funds will be split across regions as follows: London and the South East: £14.3 million, South West: £13.7 million, East of England: £7 million, Midlands: £21.1 million, North East and Yorkshire: £17.2 million and North West: £18.7 million.

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£753,000 awarded to councils to improve digital technology services

Local Government Minister Luke Hall MP has announced six projects by councils working together across the country looking to improve services using digital technology have received £753,000 from the Ministry of MHCLG’s Local Digital Fund.  The funding will be used for projects which aim at improving online housing repairs services, making websites for planning applications easier to use, and giving residents smoother methods of online payment.

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Councils to cut public health funding by £72 million

Following reductions in Whitehall funding, a report has shown that 82% of English councils plan to slash spending on vital services in 2019/20 which will include a £27.1 million reduction for drug and alcohol treatment services, a £14.5 million cut for sexual health services, a £1.4 million cut for obesity services for adults and a £4.9 million cut for smoking cessation service.  Labour’s shadow health and social care secretary, Jonathan Ashworth, said “These swingeing cuts are completely short-sighted and are pushing us deeper into a public health crisis.”

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Full-fibre and 5G could increase council’s revenue

A new report from the Broadband Stakeholder Group (BSG) has outlined the localised economic benefits of full-fibre and 5G and revealed that if councils invested in full-fibre and 5G, they could see an increase of up to 3.2% in new businesses operating in the area and increase their gross revenue.  The report notes that “These new services and applications will enable new and improved business practices and end-user services such that increased availability and take-up of full-fibre broadband and 5G will lead to positive outcomes for businesses, consumers, local government and wider society.”

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Councils can apply for share of £120,000 Small Grants Funding Programme

Councils are being urged to apply under the Small Grants Funding Programme which is aimed at improving the safety of local roads under which they could be awarded between £10,000 and £30,000 to support projects which are aimed at testing ways to improve road safety.  Sally Lines, chief executive of Road Safety Trust, said “By adding the option to apply for small grants in addition to our more extensive funding options, we hope to open up opportunities to greater numbers of organisations working in road safety…. We are looking for measurable interventions that reflect local priorities and show a proposed link to reducing casualties either directly or through clear interim measures.”

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Regulatory

Tenants warned to beware of rogue letting agents

Following figures which have revealed that letting agents were fined over £1.2 million for breaking the law, London Trading Standards has issued a warning to tenants to ensure that they understand their rights and avoid being ripped off by rogue letting agents.  The figures show that more than 46% of 1,922 agents inspected in the 15 months up to June 2019 by local council trading standards officers were non-compliant with either the Consumer Rights Act and/or the legislation on redress scheme membership, with breaches including not displaying fees and charges or for not being members of the redress scheme.  London Councils’ Executive Member for Housing and Planning and Leader of Barking and Dagenham Council, Cllr Darren Rodwell, said “Through raising awareness, issuing fines and pursuing prosecutions, we’re determined to support tenants and make clear to rogue letting agents that bad practice is unacceptable.”

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Councils urged to adopt working definition of antisemitism

Communities Secretary Robert Jenrick has said that he will write to councils demanding that they adopt the International Holocaust Remembrance Alliance (IHRA) working definition of antisemitism ‘as a matter of urgency’ and he has also pledged to give the Antisemitism Policy Trust £100,000 to support their work tackling the spread of racist tropes online as part of the government’s absolute commitment to tackling hatred in all its forms.

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LGA calls for government to give councils control over bus services

The Local Government Association (LGA) has reported that residents want councils to decide how bus services are provided in their area and has called on the Government to give all councils oversight of local bus services so they can maintain and improve them, and protect local routes so older and vulnerable people don’t get left behind.  This comes after it is reported that bus journeys have reduced by more than 300 million in five years which has led to concerns that a further decline in bus journeys could cause increased congestion and poorer air quality in local communities.  LGA Transport spokesman Cllr David Renard said “With proper funding and by giving all councils oversight through automatic franchising powers, councils will be better placed to boost ailing passenger numbers and enable more people to use the bus services they rely on every day.”

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Planning and Housing

804 homes approved on former retail site

An application by the English Cities Fund to build 804 homes and 2,400 square metres of commercial space on a former retail park has been granted by the London Borough of Newham’s strategic development committee.  50% of the homes will be affordable which planners concluded would have “positive contributions to housing target delivery” and meant that the development was considered to be in accordance with local and national planning policy.

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Rough Sleeping Initiative is reducing number of vulnerable sleepers

A report published shows that the Rough Sleeping Initiative, part of the government’s Rough Sleeping Strategy, has reduced the number of vulnerable people sleeping rough by 32%, a third lower than the predicted amount had the initiative not been in place.  Under the initiative £76 million has been provided to 246 council across the country to date.  The Communities Secretary and the Chancellor have also announced a further £10 million to boost life-saving support for rough sleepers during the cold winter weather and has called on councils to come forward and bid for the funding now in order to step-up preparations in time for the winter months.

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Councils to receive £2 million to crackdown on illegal development

Housing Minister Esther McVey MP has announced that 37 councils across country are to receive up to £50,000 each, from a total funding of nearly £2 million, to crack down on illegal development, including on the Green Belt.  Making his announcement she said “The funding announced today will help councils clamp down on rogue developers, giving the areas with the highest levels of Green Belt the funds needed to punish those who build illegally.”  The money will be used by councils to hire enforcement officers, use new technology, and help meet the legal costs of bringing rogue developers to task for their illegal developments.

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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 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.

Wednesday 9th October (Newcastle)

Thursday 10th October (Leeds)

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)