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Managers’ new duty to prevent sexual harassment at work

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Managers’ new duty to prevent sexual harassment at work

Hello and welcome to Working It.

I am just back from a whistle-stop trip to the US West Coast with the Working It video team 📹. We filmed interviews with tech executives who are implementing innovative ideas that might become the future of work for all of us. (We even whizzed round San Francisco between filming gigs in a driverless taxi.)

Someone then pointed out to me on LinkedIn that businesses in other sectors are leading on this, too. Coolness does not automatically lead to innovation 😎. Fair enough, but innovation, and specifically AI, is in the air on the West Coast. A new gold rush is under way — how will this one turn out?

The view from my (driverless) taxi

Read on for a heads-up about a UK legal change that puts the onus on employers to prevent sexual harassment of staff. Plus, we welcome back careers expert Jonathan Black 😌, with a question from a 30-something in a rut. We’ll be alternating “Dear Jonathan” questions on career development with Office Therapy workplace dilemmas.

If you have an idea for a story — or for making this newsletter better — do email: isabel.berwick@ft.com. Or collar me at an event: I’m at Oxford university tomorrow evening [Thursday — a free talk for the university’s students, staff and alumni, do register if that includes you] and next week in Amsterdam at Reshaping Work 💬.

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New law, new obligations for employers

On October 26, the new Worker Protection (Amendment of Equality Act 2010) Act 2023 will come into effect. It requires employers to take “proactive and reasonable steps” to prevent sexual harassment of staff during their employment 🛑. The previous government launched a consultation on these changes in 2019, so this has been a long time in the making.

It sounds reassuring and helpful, but what, I wondered does it actually mean for employers? Naeema Choudry, partner at law firm Eversheds Sutherlands, suggests what best practice will involve: “Vital steps to take will include conducting risk assessments, reviewing and updating policies, planning and conducting training sessions, which will need to be adapted to the needs of those being trained. A one size fits all approach will not work. Also, establishing clear and efficient reporting mechanisms and, importantly, ensuring senior leadership are engaged.”

There may be serious consequences if businesses don’t act to protect staff. Naeema says: “Whilst breach of the new duty does not entitle employees to bring a freestanding claim in the employment tribunal claim, if they do bring a tribunal claim arising out of any sexual harassment, and that claim is successful, then the tribunal must consider whether the employer has taken reasonable steps to prevent sexual harassment. If the tribunal finds that reasonable steps have not been taken, then it can increase any compensation by up to 25 per cent. In addition, the EHRC [Equality and Human Rights Commission] can take enforcement action against the employer.”

What do managers need to do right now? The first priority is to read, and act on, EHRC guidance on the subject. “This guidance includes advice on actions employers can take to prevent and respond to workplace harassment. Additionally, the EHRC has updated its employer 8-step guide to preventing sexual harassment in the workplace to reflect the new preventive duty.”

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The new law applies not only to harassment taking place in the physical workplace, but also at training events and social events. And while the act doesn’t specifically cover harassment by third parties — such as customers or suppliers — the EHRC guidance does include this requirement, Naeema says: “This is especially important in industries like retail, where you can’t always control customer behaviour. However, businesses can make it clear to their customers, clients and suppliers that harassment of their employees won’t be tolerated and that appropriate action will be taken against any third party who sexually harasses them.

“It’s also crucial to support your employees by providing them with the training and skills to challenge inappropriate behaviour and escalate issues.”

There’s a lot to take in. What effect is this change going to have? Is it enough? There are, as we know, “tick-box” cultures in some workplaces ✅ and power imbalances are built in at any organisation. Mel Rodrigues is CEO of Creative Access, a social enterprise focused on improving diversity, equity and inclusion across the creative industries. She has had a long career in TV, and welcomes the change in the law: “My hope is that it will mean no one has to endure the physical or verbal harassment I previously experienced, often dismissed as ‘banter’ by bosses.”

There is a “but”, of course: “However, companies risk falling short without clear guidance on what ‘reasonable steps’ truly means, and what’s needed to prevent harassment, by addressing the power imbalances and cultural factors that allow it to persist.”

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As so often, it’s not the rules and regulations that will make work better, but the intent and effectiveness of the people who implement them 👩🏽‍💻.

Consider this your heads up on this big change: the FT will be covering the topic in more detail next week.

Further reading: The CIPD professional body for HRs has some good, easy-to-read material.

Does your organisation offer useful free resources on the new Worker Protection Act? (I hear ‘active bystander training’ is going to be important.) Let me know and I’ll share thoughts here: isabel.berwick@ft.com.

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This week on the Working It podcast

Bankers and lawyers are in “greedy jobs” — they may work 80, 90 or 100-hour weeks and are paid handsomely — but have very little time for the rest of their lives 😰. What are they doing that takes up all this time? And have things changed since the pandemic introduced hybrid and flexible working patterns? In this week’s episode, my colleague Bethan Staton hosts a wide-ranging (and eye-opening 👀) discussion with Suzi Ring, the FT’s legal correspondent, and Craig Coben, a former senior investment banker at Bank of America and now an FT Alphaville contributing writer.

Dear Jonathan 📩

The question: I seem to be stuck in a “progression rut”. I work as a communications manager in a small team, but I don’t have direct responsibility for anyone. If I want to progress to a role with more responsibility, “line manager experience” is listed as an essential requirement, however I don’t have any. Is there anything I can do to address this? Female, 30s

Jonathan Black’s advice: Making the step into line management can appear to be an insurmountable barrier because of the risk-aversion of employers, who only seek applicants who are already doing the particular role they seek to fill.

That leaves people like you wondering how to get ahead. Even if there is a vacancy at your own organisation, it can be difficult for internal candidates to achieve that step up. That’s partly because management recognise you’re doing a great job and would quite like that to continue, and also because it is difficult for the people who hired you for your current role to see you in a managerial position 🙄.

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The only option may be to move to a new organisation. How can you demonstrate previous line management experience, or its equivalent? An answer may lie with internal projects or external activities. Have you managed any short-term freelancers on specific projects? It may be a videographer who came in for a day, an external podcaster/newspaper coming in to interview senior staff, or when you co-ordinated colleagues with external PR — all of these could be used to describe managing people.

Externally, are you involved in managing volunteers at a charity, chairing a school committee, or organising an event for an activity or hobby group? Any of these demonstrate line management skills and experience, and help you answer interview questions such as, “Tell us about a time you line managed a team and . . . happened.”

If you don’t have any of these experiences, or would like to add more, then volunteer for extra assignments, both inside and outside work. You could, for example, seek out and offer to manage a student project 💡 — many universities seek to engage students on voluntary short projects to gain meaningful experience in the business world. This benefits the students, would benefit you if you managed the project, and should yield some useful information for the organisation — all at no financial cost.

Got a career question for Jonathan Black? Email dear.jonathan@ft.com. We anonymise all contributions.

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Five top stories from the world of work

  1. Wall St banks tackle workloads of junior staff: Long hours are nothing new in investment banking, but some of the banks are asking staff to log their hours or are capping them at 80 hours a week. Joshua Franklin, Suzi Ring and Ortenca Aliaj cover the ongoing debate about whether this is helpful or not. Lots of interesting comments, too.

  2. The difficult work conversation AI helped me with: Lots of tips here from Emma Jacobs on how AI can help unblock our procrastination and uncertainty, especially when it comes to the emails we are putting off.

  3. Are directors of founder-led companies being set up to fail? Tales of big egos and monstrous management abound in start-up land. Here, Anjli Raval examines the pitfalls for board members in founder-led organisations — and what can help.

  4. My search for the perfect work soundtrack: Jo Ellison tries — and fails — to come up with the perfect blend of background noise and productivity-enhancing easy listening. Lots of great suggestions from readers in the comments.

  5. Hard Graft at the Wellcome Collection: I reviewed this big (free) exhibition at London’s Wellcome Collection. It’s all about the physical and emotional labour of the jobs that too often go unseen — and financially unrewarded. Well worth a visit if you are nearby.

One more thing . . . .

Lots of people on my LinkedIn feed this week shared the same amazing animated data visualisation from James Eagle on how people met their partners, 1930 -2024. As you might expect, family, school and friends feature at the top of the charts in the 20th century, but the changes after internet dating was introduced . . . will surprise you, even on the fourth or fifth viewing🌹.

This week’s giveaway

Five Generations at Work by Rebecca Robins and Patrick Dunne is the book we all need to navigate a multigenerational workplace. I talked to Rebecca about the subject for this newsletter a few weeks ago, ahead of publication. We now have 10 copies to give away. Enter on this form by 5pm UK time on Monday October 21 and we will pick winners at random from all eligible entrants. [To clarify, our book giveaways are global 🌎— the publishers will post to you!]

And finally . . . calling HR professionals 🙋🏽‍♂️

The FT is running an in-person session of its HR Forum with a breakfast-time panel at Bracken House, our HQ in the City of London, on the subject of “Building a Multigenerational Workforce”. It’s on Wednesday November 20, at 8.30am to 11am. Speakers include Louise Ballard of Atheni and author Rebecca Robins (see the book giveaway above).

If you’re interested in coming along, register your interest on this form and the organisers will be in touch.

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Reeves expected to focus rise in capital gains tax on share sales

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Chancellor Rachel Reeves is likely to target her expected increase in UK capital gains tax on the sale of shares, rather than second homes, according to former Treasury officials. 

They said the 24 per cent CGT rate for property sales was already set at a level deemed to maximise revenues for the Treasury.

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Reeves has made it clear that she will not be “ideological” and raise taxes if they do not increase revenues.

She is looking to increase CGT in her October 30 Budget to help close an expected £40bn funding gap, and is therefore likely to focus on the 20 per cent rate charged on the sale of shares and other assets.

Edward Troup, former executive chair of HM Revenue & Customs and an ex-Treasury official, told the Financial Times: “If Rachel Reeves is sensible, she’d pick a single rate somewhere in the mid-20 per cent range.”

One option would therefore be to equalise the CGT rate for shares and property at 24 per cent.

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The Times reported the 20 per cent rate could rise by “several percentage points”, raising a sum in the low billions of pounds.

That would be far less than some of the predictions of much bigger CGT increases, but HMRC modelling suggests that a big rise in the levy could lead to less revenues as wealthy individuals changed their behaviour.

Jeremy Hunt, former Tory chancellor, was advised by Treasury officials at his March Budget that he could “maximise revenues” from CGT on property sales by cutting the rate from 28 per cent to 24 per cent.

Hunt’s four percentage-point cut in the CGT rate for property sales was projected to raise £700mn over the first two years because of an expected increase in transactions.

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This suggests Reeves would not be likely to gain revenues by simply reversing that cut.

The Treasury said: “We do not comment on speculation around tax changes outside of fiscal events.” 

Reeves is seeking to ensure the wealthy bear a fair share of the burden of closing the £40bn funding gap.

Prime Minister Sir Keir Starmer has said those with the “broadest shoulders should bear the heavier burden”. 

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Starmer said earlier this week that reports that CGT could be lifted as high as 39 per cent were “wide of the mark”, in a sign ministers will shy away from boosting CGT rates much closer to those for income tax.

This comes despite arguments from some tax experts that the Treasury should embark on a sweeping CGT reform.

Research published this month by the Centre for the Analysis of Taxation suggested a CGT overhaul could raise up to £14bn a year for the government.

The study looked at the possible effects of a comprehensive reform that would bring CGT rates into line with those for income tax.

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Neither Starmer, nor Reeves, has denied that a rise in CGT is on the cards, alongside a big expected rise in national insurance contributions by employers, and higher taxes on private equity executives and “non-doms”. 

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I won £418,000 lottery prize but only took home FOURTEENTH when colleagues jumped in – phone call sent me into overdrive

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I won £418,000 lottery prize but only took home FOURTEENTH when colleagues jumped in – phone call sent me into overdrive

EVERYONE wants to know how to beat the odds and win the lottery.

But unfortunately, the lottery is a game of luck and there are no tips or tricks that can guarantee you’ll take home a top prize.

The odds show how likely you are to win any particular prize – the lower the number, the better the odds.

For example, odds of 1 in 10 are better than odds of 1 in 100 or 1 in 1,000.

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There are several major lottery games in the UK including Lotto by the National Lottery, Camelot’s EuroMillions and Thunderball.

Chances of winning the Lotto

Lotto by the National Lottery is a game where you pick six numbers from 1 to 59. You can play up to seven lines of numbers on each slip.

The game costs £2 to play per slip.

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The odds of winning any prize on the Lotto are 1 in 9.3.

But to win the jackpot on the Lotto, the odds are considerably slimmer.

To bag the top prize, you need to have six matching balls. The odds of doing this and scooping the jackpot are currently 1 in 45,057,474.

The next highest prize of £1,000,000 is for getting five main matching balls plus the bonus ball.

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The odds of taking home the million pound prize are 1 in 7,509,579 – far higher than the jackpot, but still unlikely.

The odds of taking home £1,750 for getting five main numbers without the bonus ball are 1 in 2,180, while you have a 1 in 97 chance of bagging £140 for getting four main numbers.

Your chances of taking home £30 for getting 3 main numbers are much better at 1 in 97.

And you have a roughly 1 in 10 chance of getting a free lucky dip for 2 matching numbers.

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Chances of winning the EuroMillions

The EuroMillions costs £2.50 to play and is open on Tuesdays and Fridays.

To play, you must pick five numbers from 1-50 and two “Lucky Stars” from 1-12. Players with the most matching numbers win the top prizes.

Your chance of bagging the EuroMillions jackpot is even slimmer than winning the top Lotto prize.

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This is because it generally has higher jackpots on offer, meaning it attracts more attention.

Currently, the odds of matching five numbers and two lucky stars – the top win – stand at 1 in 139,838,160.

The average jackpot prize is £57,923,499, according to EuroMillions.

The odds of winning the second top prize for matching 5 balls and a lucky star, which is typically around £262,346, are 1 in 6,991,908.

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The chances of taking home the third prize for five matching balls, with an average payout of £26,277, are 1 in 3,107,515.

For four matching balls with two lucky stars, it’s 1 in 621,503, and for four balls with one lucky star, it’s 1 in 31,076. These come with an average prize of £1,489 and £95, respectively.

Chances of winning the Thunderball

Thunderball is another game run by National Lottery where you pick five numbers and one “Thunderball”. It costs just £1 to play and you can enter up to four times a week.

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The jackpot of £500,000 for matching five balls plus the Thunderball is 1 in 8,060,598.

Your odds of bagging the next highest prize of £5,000 for matching five balls is currently 1 in 620,046, while the chances of winning £250 for four balls plus the Thunderball is 1 in 47,416.

You have the best chance of winning £3 for matching the Thunderball, with odds of 1 in 29.

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Northern lights visible in southern England — possibly

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‘I think I’ve seen the aurora borealis’

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Huge outdoor retailer with more than 100 shops announces store closure within DAYS

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Huge outdoor retailer with more than 100 shops announces store closure within DAYS

A HUGE outdoor retailer has announced it will close one of its stores within days.

Decathlon is set to shut the doors on its shop in Forge Retail Park in Telford, Shropshire, on November 3.

Decathlon will shut its doors next month

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Decathlon will shut its doors next monthCredit: Google

The French sporting goods retailer has operated at the shopping centre since 2018.

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The closure is said to be part of a “brand refresh” and a “broader review” of its store network.

Decathlon told customers they can use vouchers at its Wednesbury store until the end of the year.

The company also said that staff members were being supported to continue working at the company “where possible”.

Michael McHale, Regional Leader at Decathlon UK said: “We’re saddened to be closing our Telford store, which has served the local community for over six years.

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“However, we’re excited to continue supporting our loyal customers by welcoming them to our Wednesbury location, just a short drive away.

“At Decathlon, we remain committed to bringing the wonders of sport to life and providing the same great products, services, and experiences that our customers have come to love.”

Local residents have been left disappointed at the news that their area is losing its Decathlon store.

One wrote on Facebook: “Great shop – sad to see it closing.”

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Another said: “Sad. Great store. Useful to have on our doorstep.”

A third claimed: “All thanks to the blumming shoplifters!”

New Beginning for The Body Shop

It comes as closures have rocked high streets across the UK in recent years.

Some retailers have closed a few branches here and there for various reasons, like when a store lease has come to an end.

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Other examples of one-off rather than widespread closures is if there are changes in the area, like a shopping centre closing, and in some cases a shop will close to relocate to another area.

Some chains have faced tougher conditions though, forcing them to shut dozens of stores, or all of them in the worst case.

Elsewhere, a much-loved tea room is being forced to close having been in business for 34 “happy and successful” years.

The family-run Two Hoots Tea Room is situated in one of Wales’ most-visited tourist spots and they say they are devastated after they were ordered to pull down the shutters for good.

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Why are retailers closing stores?

RETAILERS have been feeling the squeeze since the pandemic, while shoppers are cutting back on spending due to the soaring cost of living crisis.

High energy costs and a move to shopping online after the pandemic are also taking a toll, and many high street shops have struggled to keep going.

The high street has seen a whole raft of closures over the past year, and more are coming.

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The number of jobs lost in British retail dropped last year, but 120,000 people still lost their employment, figures have suggested.

Figures from the Centre for Retail Research revealed that 10,494 shops closed for the last time during 2023, and 119,405 jobs were lost in the sector.

It was fewer shops than had been lost for several years, and a reduction from 151,641 jobs lost in 2022.

The centre’s director, Professor Joshua Bamfield, said the improvement is “less bad” than good.

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Although there were some big-name losses from the high street, including Wilko, many large companies had already gone bust before 2022, the centre said, such as Topshop owner Arcadia, Jessops and Debenhams.

“The cost-of-living crisis, inflation and increases in interest rates have led many consumers to tighten their belts, reducing retail spend,” Prof Bamfield said.

“Retailers themselves have suffered increasing energy and occupancy costs, staff shortages and falling demand that have made rebuilding profits after extensive store closures during the pandemic exceptionally difficult.”

Alongside Wilko, which employed around 12,000 people when it collapsed, 2023’s biggest failures included Paperchase, Cath Kidston, Planet Organic and Tile Giant.

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The Centre for Retail Research said most stores were closed because companies were trying to reorganise and cut costs rather than the business failing.

However, experts have warned there will likely be more failures this year as consumers keep their belts tight and borrowing costs soar for businesses.

The Body Shop and Ted Baker are the biggest names to have already collapsed into administration this year.

Meanwhile, customers were left devastated after a family-run clothing shop was forced to close after 144 years.

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Dancers is run by the fourth and fifth generation of the Dancer family, but the rise in online shopping meant they had to let it go.

And, closures are affecting various industries across different sectors as a historic city brewery, with a legacy spanning 150 years, is also set to close.

The Carlsberg Marston’s Brewing Company (CMBC) has confirmed plans to close Wolverhampton’s Banks’s Brewery.

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Britain’s first Hollywood theme park with 500-room hotel, entertainment zone & own train station takes huge step forward

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BRITAIN’S first Hollywood theme park with a 500-room hotel, entertainment zone and its own train station, takes a huge step forward.

Last year, Universal Studios bought a 480-acre piece of land in a UK town and then announced plans to build a major theme park.

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Universal Studios has published a proposal online, including a map of the park

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Universal Studios has published a proposal online, including a map of the park
A UK town was chosen as a potential location due to its excellent transportation connectivity to London and Europe

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A UK town was chosen as a potential location due to its excellent transportation connectivity to London and Europe

If all goes to plan, Bedford will host Britian’s first Hollywood theme park.

According to the 16-page planning document, the new site could hold a hotel, a retail, dining, an entertainment zone, restoration zone, landscaped area and lake zone.

It also claimed that rides, attractions and buildings at the theme park would be capped at a maximum height.

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However, in September, negotiations between Universal and the government.

This was due to whether Bedford was a good site for the company’s first European theme park.

Nevertheless, there appears to be “no red flags” to provide Bedford Borough Council with reason to stop the arrival of the theme park.

Regardless, while the company negotiates with the government they will remain in a “period of quiet”.

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Sam Fox, a priority projects consultant for Bedford Borough Council said: “We’ve now entered a period of quiet from Universal in the public domain, so we’re not expecting them to be saying anything.

“We’re not expecting the government to be saying anything publicly.

Scottish theme park just two hours from Glasgow – there were no queues or extra costs

“We simply await the outcome of the government and Universal negotiations on that financial package

“There was talk because there’s an international investment summit taking place on October 14, I think people were putting two and two together and making a number.

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“There was hope that the investment decision would be announced at that conference.

“My gut feeling is that it’s very, very, early days in their negotiations and there’s no real likelihood of that taking place on October 14.”

He added: “So if you had heard that, don’t be disappointed if nothing is announced at that summit.”

The committee heard that the Department for Culture, Media and Sport (DCMS) is the project sponsor.

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If the planning application goes ahead, it’ll be dealt with by the Ministry of Housing, Communities and Local Government (MHCLG).

Mr Fox continued: “That planning application will be in the form of what’s known as an SDO, a special development order.

“When the planning response unit in MHCLG have dealt with the application, they will write up a report that will go to secretary of state in MHCLG.

“And the secretary of state will sign off that planning decision before it’s laid in Parliament as a statutory instrument.

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“We have a two stage approach to the scheme, the first is the investment decision.

“For instance, who pays for infrastructure like road improvements, rail improvements, that needs to be agreed between HM government.

“The second stage is once that negotiation has taken place around the investment decision and they’ve reached an agreement in principle the planning decision will be taken forward.

“We at the council will be a statutory consultee, and we’ve now confirmed that our formal response to the [30 day] consultation will be signed off by the executive.

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He added: “It won’t actually come to the Planning Committee, but it’ll be an executive decision.

“I’m pleased to say there’s no major red flags for us that we’ve seen from a technical point of view that would make us think, actually the council can’t support this, or we don’t recommend that the council supports this.”

There appears to be 'no red flags' to provide Bedford Borough Council with reason to stop the arrival of the theme park

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There appears to be ‘no red flags’ to provide Bedford Borough Council with reason to stop the arrival of the theme park

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Kamala Harris pledges break from Joe Biden in feisty Fox News interview

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Kamala Harris has insisted her presidency would “not be a continuation” of Joe Biden’s during a pitch to conservative voters in a combative interview on Fox News.

In her first sit-down interview on the conservative news channel, the vice-president repeatedly locked horns with interviewer Bret Baier on Wednesday over the Biden administration’s handling of immigration and whether she represented a genuine change from the Democratic president.

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“Let me be very clear, my presidency will not be a continuation of Joe Biden’s presidency, and like every new president that comes in to office, I will bring my life experiences, my professional experiences, and fresh and new ideas,” Harris said. “I represent a new generation of leadership.”

Harris’s comments were a departure for the 59-year-old Democrat, who has struggled to articulate how she would break from Biden since replacing him as the party’s presidential candidate in the summer.

But the vice-president largely avoided a question on when she had observed Biden’s cognitive decline, replying: “Joe Biden is not on the ballot, and Donald Trump is.”

The interview on a Rupert Murdoch-controlled news channel considered hostile to Democrats came as Harris launched a media blitz following concerns from top party operatives that her campaign appearances have been too scripted.

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Harris is also trying to break a tight race with Trump by appealing to independent voters and Republicans disenchanted with the former president.

In the interview, the vice-president repeatedly tried to turn the topic to Trump, who she said was “unfit” to be president.

In one heated exchange, Harris cited Trump’s recent threats to mobilise the military against the “enemy from within” as proof of his poor unsuitability for a second term.

“The president of the United States, in the United States of America, should be willing to be able to handle criticism without saying he would lock people up for doing it. And this is what is at stake.”

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Harris also defended the Biden administration over the surge in immigration in recent years, saying Trump had torpedoed a bipartisan bill in Congress that would have handed more resources to border agents and cut crossings in to the US from Mexico.

She also struck a hardline stance on illegal immigration, a topic on which Trump has enjoyed an advantage over her among voters by criticising the Biden administration over the surge in crossings from Mexico in recent years.

“I do not believe in decriminalising border crossings, and I’ve not done that as vice-president,” Harris said. “I will not do that as president.”

Trump’s campaign described Harris’s interview as a “total, unmitigated disaster”, criticising her answers on immigration and saying she had “abdicated responsibility for covering up Biden’s cognitive decline”.

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Polls of the White House race show Harris with a narrow lead over Trump nationally but in a virtual tie in the swing states that will decide the election on November 5.

Harris’s effort to regain momentum in the race included an interview on Tuesday with Charlamagne tha God, a syndicated radio host whose show is popular with young Black Americans. Her campaign has also considered appearing on Joe Rogan’s podcast, which has a huge audience especially among men.

But Wednesday’s interview with a bastion of conservative media was also seen as the clearest signal that Harris was trying to win over independents and disaffected Republicans in the final stretch of her campaign.

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It came hours after she appeared in Bucks County, Pennsylvania — a critical corner of the battleground state — with a direct appeal to moderates who have grown weary of Trump. On the stump, Harris pledged to be a president who “actively works to unite us” and is “realistic and practical and has common sense”.

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