Democracy direct 21 October 2019 BREXIT FOCUS Parliament: Brexit scenarios: What could happen after the European Council meeting? (14 October): Explainer: https://commonslibrary.parliament.uk/brexit/the-eu/brexit-scenarios-what-could-happen- after-the-european-council-meeting/ and see the infographic here: (enlarge to view); European Union (Withdrawal Agreement) Bill 2019-20 - Commons Library briefing: (14 October); https://researchbriefings.parliament.uk/ResearchBriefing/Summary/CBP-8686 No-deal Brexit: A guide to Commons Library research - Commons Library briefing: (11 October): https://researchbriefings.parliament.uk/ResearchBriefing/Summary/CBP-8682 Commentary, News, Updates: LLG: Key Content: LLG Publishes Guidance on EU Exit Statutory Instruments with Local Government Impact: (27 September): https://s3.amazonaws.com/lawingov_production/system/redactor_assets/documents/22 61/EU_Exit_Statutory_Instrument_Guidance_LLG_2019_.pdf IPPR: No-deal Brexit: The implications for labour and social rights: (14 October): https://www.ippr.org/research/publications/no-deal-brexit-implications-for-labour-and- social-rights Hansard Society: Parliament and Brexit in Autumn 2019: a constitutional and procedural guide; (14 October): https://www.hansardsociety.org.uk/publications/brexit-guide-uk-constitution-procedure- house-of-commons-2019 Brexit: EU and UK agree to 'intensify' talks - BBC News: (11 October): https://www.bbc.co.uk/news/uk-politics-50016853 CTSI Brexit Think Tank Trading Standards Opportunities and Threats from the UK Withdrawal from the EU: (9 October): http://www.journaloftradingstandards.co.uk/wp- content/uploads/2018/11/CTSI_Brexit_Think_Tank_Full_Report.pdf CABINET OFFICE Speech; Queen's Speech 2019: (14 October): Her Majesty’s most gracious speech to both Houses of Parliament. https://www.gov.uk/government/speeches/queens-speech-2019 and background briefing… https://www.gov.uk/government/publications/queens-speech-2019-background-briefing- notes DEPARTMENT FOR ENVIRONMENT FOOD & RURAL AFFAIRS Press release; Government introduces ground-breaking Environment Bill (14 October); Government introduces landmark Bill to Parliament to tackle the biggest environmental priorities of our time. https://www.gov.uk/government/news/government-introduces-ground-breaking- environment-bill HM LAND REGISTRY News story; Reminder: complying with a restriction; (9 October): Updates to practice guide 19 will take effect from April 2020. https://www.gov.uk/government/news/reminder-complying-with-a- restriction?utm_medium=email&utm_source=govdelivery&utm_term= PLANNING INSPECTORATE Selected Planning Appeals: Carbon-negative home ‘commendable but not innovative’ An inspector has blocked plans for a Passivhaus-standard eco-home in Norfolk that would remove more carbon dioxide from the atmosphere than it would produce, citing harm to views over an historic area of moorland. https://acp.planninginspectorate.gov.uk/ViewCase.aspx?Caseid=3218706&CoID=0 HMO refusal partly based on assumptions about future occupants; Plans to convert a vacant pub in a high crime area south of Manchester into a 12-bed- room HMO can go ahead. An inspector ruled that the council’s refusal of permission had been partly based on assumptions regarding future occupants. https://acp.planninginspectorate.gov.uk/ViewCase.aspx?Caseid=3232621&CoID=0 Countryside business ‘starter units’ refused; An inspector has blocked plans for five ‘B1 starter units’ in Hampshire despite the local parish council’s support for the scheme, citing conflict with local spatial policy. https://acp.planninginspectorate.gov.uk/ViewCase.aspx?Caseid=3224995&CoID=0 95 homes approved with single access via cul-de-sac An inspector has granted outline permission for a housing scheme in Bedfordshire that would be accessed via a single access road through an existing cul-de-sac, passing just 3.7 metres away from the main window of an existing home. https://acp.planninginspectorate.gov.uk/ViewCase.aspx?Caseid=3224750&CoID=0 Honey production facility not permitted development; Plans to build a ‘honey barn’ in Essex under permitted development rules have been blocked after an inspector ruled that while breeding of queen bees is an agricultural use, processing and jarring of honey is not. https://acp.planninginspectorate.gov.uk/ViewCase.aspx?Caseid=3228806&CoID=0 Garage conversion for disabled son refused in green belt; An Enfield homeowner’s plan to convert her detached garage into a residence for her disabled son has been blocked because an inspector ruled that the ‘very significant benefits’ it would bring were not very special circumstances. https://acp.planninginspectorate.gov.uk/ViewCase.aspx?Caseid=3228774&CoID=0 Nail bars ‘just as appropriate as hairdressers’ in shopping areas; An inspector has overruled local policy to allow a nail bar on an East London shopping street, ruling that nail bars, which are considered sui generis, are as ‘appropriate’ as hair salons, which fall under use class A1. https://acp.planninginspectorate.gov.uk/ViewCase.aspx?Caseid=3234593&CoID=0 HMCTS Guidance; Administrative Court judicial review guide: (14 October); Detailed legal guidance on bringing a judicial review case in the Administrative Court. The July 2019 edition reflects legislative and practice changes relevant to the Administrative Court over the last year. https://www.gov.uk/government/publications/administrative-court-judicial-review-guide WELSH GOVERNMENT Review of arrangements for misconduct by Welsh local government senior officers announced: (8 October): On 7 October 2019, the Welsh Government made a written statement announcing a review of the arrangements for dealing with alleged misconduct by senior officers within local government in Wales. The review is aimed at ensuring that the principles concerning officers' conduct remain fit-for-purpose. Its scope will include: - a comparison of the Welsh regime with regimes in other parts of the UK, and whether changes should be recommended for Wales (in view of these). The written statement identifies that in England the mandatory requirement for a Designated Independent Person to be appointed was removed in 2015. the extent to which the current arrangements achieve the "right balance" between protecting officers from summary dismissal and the speed of the process. identifying improvements or alternatives, if any. The review is expected to conclude in early 2020. The local authority officer standards regime in Wales is established by, among other legislation, the Local Government Act 2000 and the Local Authorities (Standing Orders) (Wales) Regulations 2006 (SI 2006/1275). https://gov.wales/written-statement-review-arrangements-dealing-alleged-misconduct- senior-officers-within-local CPFA CIPFA proposals to 'revolutionise financial reporting'; (9 October): The Chartered Institute of Public Finance and Accountancy (CIPFA) has floated the idea of scaling council financial reporting requirements depending on factors such as the size of the authority. Launching a set of discussion papers, the institute said it wanted to explore how financial reporting could be improved and whether accounts could be ‘made scalable through differential reporting frameworks’ https://www.cipfa.org/policy-and-guidance/technical-panels-and-boards/cipfa-lasaac- local-authority-code-board/ifrsbased-code-of-practice-on-local-authority-accounting-in- the-united-kingdom-the-code ELECTORAL COMMISSION Petitions to recall MPs should mirror the secrecy of the ballot, finds new report | Electoral Commission; (10 October): https://www.electoralcommission.org.uk/petitions-recall-mps-should-mirror-secrecy- ballot-finds-new-report SRA New Standards and Regulations; Our new Standards and Regulations come into effect on 25 November 2019. Learn more about what their introduction means. Webcast: The New Standards Regulations: https://youtu.be/TVqPpweSeEA THE LAW SOCIETY Westminster Update: W/e 14 October; https://www.lawsociety.org.uk/news/blog/richard-miller-gives-evidence-to-public- accounts-committee/ City firms set for drinking crackdown | News | Law Gazette: (14 October): https://www.lawgazette.co.uk/news/city-firms-set-for-drinking- crackdown/5101790.article Supporting wellbeing in the workplace: guidance for best practice (9 October): https://www.lawsociety.org.uk/support-services/advice/articles/supporting-wellbeing-in- the-workplace-guidance-for-best-practice/ Workplace surveillance and employment law; (11 October): https://www.lawsociety.org.uk/policy-campaigns/articles/workplace-surveillance-and- employment-law/ Professional Update: (11 October): http://emailcc.com/rv/ff00533c45af8b5614e72e292348bb7acdc77385?utm_source=con cepsend&utm_medium=email&utm_campaign=PU-2019-October-11 LOCAL GOVERNMENT AND SOCIAL CARE OMBUDSMAN Haringey and Islington councils criticised for how they recovered business rate debts; (17 October): The Local Government and Social Care Ombudsman has criticised two London councils for the way they tried to recover historic business rate debts. https://www.lgo.org.uk/information-centre/news/2019/oct/haringey-and-islington- councils-criticised-for-how-they-recovered-business-rate-debts Salford woman left without proper support because council failed to reassess her; (10 October): A Salford woman with autism was left without proper support after the city council failed to review her care plan for more than five years, the Local Government and Social Care Ombudsman has found. https://www.lgo.org.uk/information-centre/news/2019/oct/salford-woman-left-without- proper-support-because-council-failed-to-reassess-her