Local Authority round-up 23/08/19

Brexit

Emmanuel Macron tells Boris Johnson the Irish backstop is “indispensable”

Boris Johnson has met with the French president for Brexit talks. Mr Macron described the backstop as an “indispensable guarantee” of “stability in Ireland” and as the means of protecting the integrity of the European single market. The French president warned that any withdrawal agreement that the two sides might reach in the next month would not be very different from the existing one. Speaking after the meeting, the Prime Minister said that he was “very confident” that the UK and EU would be able to find a solution.

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Organisations working with the Government on Brexit no longer required to sign Non-disclosure agreements

Ministers believe non-disclosure agreements hinder constructive debate and exchange of information, with some organisations for example saying they restrict their ability to properly tell members how to prepare for Brexit. As such, the decision to ditch non-disclosure agreements in the vast majority of circumstances was made by Ministers at a XO committee meeting. Such agreements will now only be entered into, or existing agreements maintained, when it is strictly necessary.

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Boris Johnson meeting with German Chancellor

Boris Johnson met with German Chancellor Angela Merkel in Berlin on Wednesday. The Prime Minister was expected to reiterate his call for the Irish border backstop plan to be scrapped. Although the EU has rejected the possibility of any changes to the backstop, the Prime Minister has said he will do all he can to renegotiate the agreement. Ms Merkel has stressed that the backstop was a position of last resort and once a “practical solution” was found for the Irish border which allows trade and secures the Good Friday Agreement, it would not be needed. She did however say that there would be no change to the withdrawal agreement.

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Boris Johnson writes to the EU setting out his demands for a Brexit deal

The Prime Minister has written to European Council President Donald Tusk to say that the Irish backstop must be scrapped as it is “unviable,” “anti-democratic” and is “inconsistent with the sovereignty of the UK.” Mr Johnson has said that he is “confident that Parliament would be able to act rapidly if we were able to reach a satisfactory agreement which did not contain the backstop.” However, Mr Tusk has tweeted that “the backstop is an insurance to avoid a hard border on the island of Ireland unless and until an alternative is found.”

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Jeremy Corbyn says the country needs a general election

Speaking in Northamptonshire, Mr Corbyn said the UK was facing a Brexit “crisis” and said a general election is the “change of direction the country needs.” His speech comes after a leaked government report warned of food and medicine shortages in a no-deal exit, although Michael Gove who is responsible for no-deal preparation said the leaked document outlined a “worst-case scenario.” Shadow chancellor John McDonnell has told the BBC that Mr Corbyn will be meeting with other British political leaders next week to discuss tactics to prevent a no-deal Brexit.

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No-deal Brexit will end EU free movement rules

The UK Government has said that EU migration rules will “end straight after no-deal.” A spokesperson has said that after Brexit, “the government will introduce a new, fairer immigration system that prioritises skills and what people can contribute to the UK, rather than where they come from.” The Home Office said EU citizens currently living in the UK would still have until December 2020 to apply for the right to remain under its settled status scheme. The move has been criticised as “irresponsible and reckless” by MP, and one Conservative MP, Alberto Costa, has called the move “deeply concerning.”

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Michael Gove: leaked Government document shows “worst-case scenario”

A leaked cross-Government study warns of food and medicine shortages if the UK leaves the EU without a deal but Michael Gove has said that the document is “old and Brexit planning [has] accelerated since Boris Johnson became Prime Minister.” The document also says leaving the EU without a deal could lead to: fuel becoming less available, UK patients having to wait longer for medicines and a rise in public disorder and community tensions resulting from a shortage of food and drugs. The leak comes as Mr Johnson is to meet European leaders this week, where he will insist there must be a new Brexit deal.

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Sinn Féin accuses Boris Johnson’s approach to Brexit as being “reckless”

The comments come after the leaked dossier warning of the effects of a no-deal Brexit. The party’s deputy leader Michelle O’Neill has accused Boris Johnson of treating the Northern Ireland peace process as a “commodity” in EU talks and said his approach is “reckless,” “dangerous” and “must be opposed.” Mrs O’Neill said the contents of the leaked documents were “of no surprise,” and added that “the consequences of a no-deal Brexit [would] result in a hard border which threatens our hard won peace and undermines the political and economic progress of the past 21 years, enjoyed by the whole island.”

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Former Welsh Tory leader says not leaving the EU would be a “brutal betrayal of democracy”

Andrew Davies has said although he would like the UK to leave the EU with a deal, he was prepared to accept a no-deal Brexit. He went on to say that he “passionately believed” the UK would leave the EU on 31 October, with or without a deal and if the UK did not leave, it would be a “brutal betrayal of democracy.” He added that not delivering Brexit would pose a “real danger to the fabric of the United Kingdom.”

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Over £7m spent on Brexit planning by Scottish police

The figure has been released in a Brexit contingency planning report due to be discussed by the Scottish Police Authority (SPA) this week. The report has revealed that a planning team are preparing the force for any civil unrest and demonstrations and a separate delivery team is planning to ensure international investigations and intelligence-sharing are maintained post-Brexit. The report also stated that “Brexit is a highly contentious subject and the Brexit contingency planning team are fully aware of the potential civil unrest.”

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Sir Oliver Letwin would not support Jeremy Corbyn becoming a caretaker Prime Minister

Despite backing discussions across the Commons to prevent the UK crashing out of the EU without a deal, Senior Tory MP Sir Oliver Letwin has said that he does not support Jeremy Corbyn becoming a caretaker Prime Minister in a bid to avoid a no-deal Brexit. Mr Corbyn, if made caretaker Prime Minister, has said he intends to delay Brexit, call a snap election, and  campaign for another referendum. However, Sir Oliver has said he “would not be able to support that” and he would not help bring down the government in a no-confidence vote.

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Commercial

Prime Minister urged to ‘level up’ investment across country

More than 30 leaders across England’s county councils have called on the new Government to ‘level up’ investment in all parts of the country in a letter written to the Telegraph. The letter cites figures from the County Councils Network and says that counties receive just £240 per resident, as opposed to urban areas that receive £419 per resident, and central London that receive £619. The letter comes after a pledge by the Prime Minister to focus on levelling up funding in areas such as schools and infrastructure. The letter reads “if the Prime Minister is to fulfil his pledge to level up opportunity in this country, we must have a cast-iron commitment to fair funding for our overburdened councils.”

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£9 million will be made available to ensure local areas and major ports are ready for Brexit

£5 million will be given to local councils which either have or are near to a major air, land or sea port to ensure they will continue to operate efficiently once Brexit is delivered. The remaining £4 million will be shared out to local resilience forums (LRFs), partnerships made up of representatives from local public services, across England to support them in their preparations. The funding can be used by local areas to support the development of robust Brexit plans for their areas and for continued preparedness activities, including additional staffing costs. The total funding allocated by the government to help local areas prepare for Brexit is £77 million to date.

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Councils may be unable to meet their legal duties unless the Government resolves their funding

Following a report by MPs on the Housing, Communities and Local Government Committee on Local Government Finance and the 2019 Spending Review, the Local Government Association (LGA) has warned of council’s potential failure to meet their legal duties unless the Government resolves their funding and gives them assurance on their financial future in the next spending review. The chair of the LGA said “vital local services by councils face a funding gap of more than £5bn next year” and stressed that “only with the right funding and powers can councils meet their legal duties and protect the wide range of other valued local services which also make such a positive difference to communities and people’s lives.” A Ministry of Housing, Communities and Local Government spokesperson said that “ultimately councils are responsible for managing their own resources and we are working with local Government to develop a funding system for the future.”

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Councils can apply for funding for digital technology

The Local Government Minister has announced that the next round of applications for the £7.5 million Local Digital Fund is now open whereby councils can apply for funds of up to £350,000 in order to research how to improve frontline services through innovative uses of digital technology. The Minister commented that “16 projects were awarded grants of up to £100,000 last year, with 57 councils working in teams to shape new digital services.”

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Regulatory

Co-op urges English local authorities to begin roll-out of food waste collections

In an attempt to stop 365,000 tonnes of waste in England alone going to landfill, the Co-op has urged councils to begin food waste collections from home. The grocer has said that around 1000 tonnes of food waste a day ends up in landfill, when it could be composted or used to create energy and help cut greenhouse gases. Co-op’s chief commercial officer commented “how we do business really matters. The world is experiencing a climate crisis and we need to work together to avoid it.” The Co-op will be writing to 20 local authorities that do not collect food waste, urging them to introduce food waste collections.

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Glasgow City Council threatened with legal action over failing to provide temporary accommodation to homeless people

The charity Shelter Scotland is accusing Glasgow City Council of breaking the law more than 3,000 times last year by failing to help vulnerable people and has threatened to seek judicial review unless the council addresses the ‘systematic failures’ within its homelessness services. The director of Shelter Scotland has commented that “officials are unable or unwilling to tackle the problem; and the numbers are getting worse not better.” A spokesperson for the council responded by saying that “there are significant pressures on our homelessness accommodation service” and said that the council is trying to “tackle these challenges.”

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Planning and housing

Sajid Javid announces over £600m to build new homes

The Chancellor has announced that over £600m of new investment will be used to support the building of 50,000 new homes in high demand areas. Commenting on the new investment, Sajid Javid said the investment will help “more people get on the property ladder and [allow] more communities to flourish.” The boost to funding underpins the government’s commitment to increasing the UK’s housing supply and helping more young people to realise their dream of home ownership.

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Labour would allow councils to transform abandoned high street stores

The Labour Party has said it will allow councils to transform abandoned stores to give them a new lease of life as cooperatives or community centres. The initiative will see a revitalisation of struggling high streets in the UK as currently, more than 10% of town centre shops are currently empty, according to a study by the Local Data Company, while more than 29,000 retail units are estimated to have been left empty for at least a year.

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Welsh Government partners with a membership body for housing professionals

A new partnership will help councils build more affordable housing in Wales. The director of the Institute of Housing Cymru (CIH Cymru) has commented saying “if we are to meet the ambition of ensuring everyone has a safe, affordable place to call home there can be no underestimating the role local authorities must play by using their borrowing powers and their expertise to deliver affordable homes.” Whilst Housing and Local Government Minister Julie James has commented that “for the first time in a generation, local authorities have the opportunity to build homes to meet the housing needs of the communities they serve.”

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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)

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