Prime Minister Heralds a Jumbo Canada Plus Brexit Deal

Prime Minister Heralds a Jumbo Canada Plus Brexit Deal

In a press conference this afternoon, Prime Minister Boris Johnson announced that a deal has finally been agreed in principle with the EU.  A full 1,645 days since the referendum, tens of thousands of hours of negotiation and with just seven days to go, it would appear that the deadlock has finally been broken.

The Deal will need to be ratified in both the EU and UK, with Parliament set to sit on the 30th December.  Plans are already in place for Parliament in the UK to allow ratification in a single day and given the strong majority held by the Tory Party and that Labour are likely to support (or worst case abstain), it is likely to pass through the House in time for the 1st January transition.

The European Parliament will not have time to ratify a deal before 1 January, so it is understood that any agreement would be provisional with Members of the European Parliament (MEPs) voting retrospectively at some point in the new year.  Further fine tuning is likely in the New Year.

The deal is alleged by the Prime Minister to be a “Jumbo, Canada style Deal”.  Key elements of the deal relevant to the Finishes and Interiors Sector centre on zero-tariffs and quotas.  Whilst this won’t constitute frictionless trade, with custom checks still required, it is will reduce some of the bureaucracy anticipated.  The full document runs to two thousand pages and will taks some time to analyse fully, but another key area of focus for the Finishes and Interiors Sector will be alignment and co-ordination of standards.  The agreement is set to deliver a common baseline of regulations and a commitment to minimise technical barriers of trade.  This will not include mutual recognition of conformity assessments and plans will continue for the introduction of UKCA and UK NI Marking with companies still having to use EU Notified bodies for the purposes of CE Marking and UK Approved Bodies for UKCA marking (see FIS Guidance on Product Marking here). The UK and EU have agreed an independent mechanism to resolve matters if one side diverges too far from common standards, with this bringing with it the treat of tarriffs in the future if agreement is not reached.

FIS CEO, Iain McIlwee reflected:  “After many months of uncertainty and political posturing, the fact we finally have a deal is cause for optimism. We’ll go through the detail, but if, as expected, it removes friction from trade and gives us clarity around recognition of standards, then it will be a welcome and positive step forward. We still face issues of potential skills shortage due to immigration policies and the looming cliff edge, but our concerns fall outside of this deal and we will continue to press these with Government. The really good news is that we can finally start planning around practicalities rather than possibilities and, fuelled by greater certainty, we will hopefully see a much needed uptick in investment to help drive construction growth.”

You can access detail of the deal here

You can access the FIS Brexit Toolkit here.

List of UK Market Conformity Assessment Bodies Confirmed

List of UK Market Conformity Assessment Bodies Confirmed

In what looks to be a good news day for Brexit, the list of UK Market Conformity Assessment Bodies has been published.  This means that systems can now be put in place to support the application of UKCA Marking from the 1st January.

In further good news for the sector it was announced yesterday that our Element Rotterdam BV has successfully achieved Notified Body status for CPR and MED activities. In addition to this, it is recognised as a Technical Assessment Body (TAB). Having this option within the Element Group means Warringtonfire and BM Trada can continue to support clients in CE marking activities 1 January 2021.

BBA announced last month that they had a partnership in place that would enable them to continue to support CE Marking.  FIS Members are urged to check the arrangements with their notified body and confirm if they will continue to rely on CE marking for the agreed transition period (to January 2022) or if they will be required to start using the UKCA Mark for products placed on the market after the 1st January 2022.

FIS Brexit Update: Demystifying Product Marking post Brexit 

You can access the FIS Brexit Toolkit here.

Secretary of State issues open letter to ensure no Tiers of Confusion for Construction

Secretary of State issues open letter to ensure no Tiers of Confusion for Construction

The Secretary of State for Business, Energy & Industrial Strategy, Alok Sharma has issued a new open letter confirming that construction, tradespeople entering homes and its supply chain including merchants, suppliers and product manufacturers, can continue to operate in Tier 4. He also confirms that where it is essential to travel between tiers to get to work or for the purposes of carrying out work, this is allowed.

You can download a copy of the letter here

In the event of construction workers being stopped on journeys to and from sites, Build UK has produced an authorisation letter template which employers can use.

EU Exit Business Readiness: CLC Publish Final Checklist

EU Exit Business Readiness: CLC Publish Final Checklist

The Construction Leadership Council has published a final checklist for construction businesses ahead of the end of the transition period with the EU.

This one page checklist summarises the key changes that UK construction businesses will face at the end of the transition period, whether or not a trade deal is secured with the European Union. It includes quick-reference information and links to all the EU Exit Business Readiness publications that the CLC has produced, as well as additional useful information from GOV.UK including specific links to BEIS and HMRC. Topics covered include people, goods and materials, standards and alignment, contracts, procurement, data and tax implications.

The guidance has been issued by CLC BREXIT Working Group and comprises the sixth publication in a suite of business readiness advice that the group has published ahead of 31 December 2020.

Access the checklist here.

New COVID Flexibility supporting Apprentice delivery

New COVID Flexibility supporting Apprentice delivery

A number of flexibilities have been introduced to support apprentices to make progress in their roles, and acknowledging disruption to teaching, learning and assessment practices.  This includes:

  • Temporary suspensions of the rule requiring level 2 apprentices to study towards, and attempt level 2 functional skills assessments until 31st March 2021
  • Extension to end dates for legacy Functional Skills Qualification (FSQ)
  • Allowing apprentices that are on furlough to continue to train.

The Education and Skills Funding Agency has, in creating this flexible approach, reminded employers that achieving English and Maths is important to apprentices’ ability to secure future jobs and progress to higher level training and that apprentices should be encouraged to attend a Functional Skills Qualification test in the workplace or at an off-site venue booked by the provider, but only where it is safe to do so.

Providers can make use of the DfE Exam Support Service (ESS) to book COVID-secure space for their FSQ assessments where apprentices cannot take them in the workplace. This is currently available until 31st March.

Below is a summary of known barriers, existing guidance and potential solutions of FSQ assessments:

Scenario Potential barriers COVID guidance Possible solutions
Apprentice is on furlough

Provider does not have direct contact with the apprentice

 Apprentice is not able to sit the assessment at their workplace

 Apprentice does not want to travel to an alternative site to take the assessment

Furloughed apprentices can:

continue with their off-the-job training and end-point assessments remotely

use digital and distance learning

Apprentices can, and should, still travel to access education and assessment

 

 

Provider contacts employer to make arrangements for the apprentice

 Employer contacts the Apprentice to advise they should take the assessment if ready

 Provider uses DfE exam support service to access alternative site and/or make arrangements with local college.

 

Apprentice cannot leave work

Apprentice is already pressed for time by the demand placed on them by their employer.

 

Provider is prevented from delivering tests on site due to risk of infection.

 

Employer is unwilling to release apprentice offsite due to risk of infection.

 

An apprentice must

get time for training or study over the course of their apprenticeship (at least 20% of their normal working hours)

 

Apprentices can, and should, still travel to access education and assessment.

Employer encouraged to work with provider to identify convenient time to release apprentice.

 

Provider and employer encouraged to work together to safely administer tests on site or at an alternative venue.

 

Provider to make arrangements with an AO to provide a remote invigilation solution where available.

 

Apprentice does not have access to necessary equipment to take an online test

Apprentice is unable to meet an AO’s minimum technical requirements for remote invigilation to work.

 

Employer’s systems do not allow downloading of assessment software.

 

 

Apprentices can, and should, still travel to access education and assessment

Provider to agree with AO alternative ways of enabling the Apprentice to take assessment e.g. paper-based, on or offsite.

 

Provider use DfE exam service to access alternative site and/or make arrangements with local college.

 

Employer to consider supplying stand-alone equipment that apprentices can use.

 

Provider to allow apprentices to access to their equipment; on or offsite.

 

Apprentice is shielding or self-isolating

Apprentice is shielding for short period of time (e.g. track & trace notification)

 

 

Apprentice is fit to take tests but is shielding for longer period of time (e.g. vulnerable or caring responsibility).

Apprentice’s health and safety should remain a priority and they must observe current rules.

Apprentice to agree with provider to delay the assessment until they can leave home safely.

 

Provider to make arrangements with an AO to provide a remote invigilation solution.

 

Provider cannot host assessments at the usual premises

Employer site is closed.

 

Employer is unwilling to allow provider on site due to risk of infection.

 

Provider does not have own premises at which they can host assessment.

 

 

Venues can remain open for education, training and assessment purposes.

 

Apprentices can and should still travel for education and assessment.

 

 

Provider and employer encouraged to work together to safely administer tests on site.

 

Provider use DfE exam service to access alternative site or make arrangements with local college.

 

Provider to make arrangements with an AO to provide a remote invigilation solution.

 

Provider cannot access remote invigilation solution via their AO AO does not have remote invigilation solution

Venues can remain open for education, training and assessment purposes

 

Apprentices can and should still travel for a number of reasons, including travelling to education

 

 

Provider use DfE exam service to access alternative site or make arrangements with local college

 

Provider to consider transferring Apprentices to an alternative AO that offers a remote invigilation solution.

More information on this can be found in the guidance here.

For FIS Support in taking on and managing apprentices click here.

For all vital updates you can access the FIS COVID-19 Hub here.

 

Designated standards: construction products

Designated standards: construction products

MHCLG have now published their consolidated list of UK Designated Standards in support of the UK CPR. This list of Designated Standards is available here. This is the list that will allow the implementation of the UKNI and UK Conformity Assessment Mark (for some this will be necessary from the 1st Jan 2021).

Vital everyone check this listing and if any product is missing we can work with Construction Products Association and MHCLG so they can investigate and update accordingly.

You can check the standard list here and advise FIS of any concerns by emailing iainmcilwee@thefis.org.

Brexit Update: Demystifying Product Marking post Brexit

You can visit the FIS Brexit Toolkit here.