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Committee

Justice 2 Committee, 14 Sep 2004

14 Sep 2004 · S2 · Justice 2 Committee
Item of business
Fire (Scotland) Bill: Stage 1
John Williams (Chief Fire Officers Association Scotland): Watch on SPTV
Yes, convener.Good afternoon, ladies and gentlemen. First, I thank the committee for giving the Chief Fire Officers Association the opportunity to deliver an oral submission. We welcome the publication of the Fire (Scotland) Bill as a positive piece of legislation that will deliver better fire and rescue services in Scotland and provide a greater focus on the safety of Scotland's community. We particularly welcome the bill's provisions on fire safety and fire investigation. However, in our formal submission, we highlight a number of questions and issues that we wish to raise and that we have categorised as strategic comment, operational dimension and detailed observations. Today, CFOA Scotland would like to take this opportunity to amplify the issues that we have already identified as being of strategic concern to us.As far as ministerial powers are concerned, we acknowledge that it is correct and proper for ministers to have appropriate powers in certain areas for the overall governance of the Scottish fire and rescue service. However, we remain concerned about the range of additional powers that ministers are proposing to take in the bill. Part of the previous debate on introducing new legislative proposals related to replacing ministerial power with increased accountability and responsibilities for fire authorities. The bill does not appear to support that principle. There are some 27 areas in the proposed legislation in which Scottish ministers intend to take powers to direct the way in which local authority-governed fire and rescue services will be managed. It is considered that those proposals will have significant implications for the management of the fire and rescue authorities. Areas in which ministers propose to take powers are shown in appendix 1 of our submission.As regards the governance and management of the fire and rescue service, CFOA Scotland supports the need for a clear and unambiguous understanding of the responsibilities and accountabilities of ministers, fire authorities and fire and rescue service managers. Otherwise, a diminution of standards could occur and confusion in areas of governance could arise. In particular, at present, the Fire Services Act 1947 provides for a firemaster to have direct responsibility to the fire authority for the efficient management of the service. Specifically, section 19(2) says:"the chief officer of the fire brigade … shall be directly responsible to the fire authority".CFOA Scotland contends that the same provision should be contained in the Fire (Scotland) Bill to ensure that appropriate professional advice is provided directly to fire and rescue authorities. We would consider that to be consistent with, and supportive of, the Executive-sponsored principles of integrated risk management planning.CFOA Scotland is committed to the development of more effective and efficient fire and rescue service provision in Scotland in accordance with the principles of best value. However, we are of the opinion that there needs to be greater clarity regarding the future structure of the Scottish fire and rescue service—in particular, regarding the size and numbers of fire and rescue services as they relate to the minister's proposals on the number of fire and rescue service command and control centres and to the bill's proposals on the development of a common fire service agency. Those topical areas are critical to the efficient operation and governance of the service.Our view of the development of a common fire service agency is that it will be an overly bureaucratic forum that will add very little benefit to the service. CFOA Scotland maintains its view that further development of present arrangements of governance of the service, and the practical implementation of joint working arrangements between brigades, would allow the policy objectives of ministers to be met without the need to create an additional layer of bureaucracy for the service. Such an additional layer, together with an unnecessary financial consequence, is what a common agency would provide. CFOA Scotland believes that its members can, by maintaining existing governance arrangements with fire authorities, support the delivery of the efficiencies, economies and effectiveness that the Executive seeks. CFOA Scotland has developed a strategic model to support its contention and would be pleased to discuss the details further with the Executive.Finally, on the issue of fire service command and control rooms, we have submitted—under separate cover to the Executive—a detailed commentary on the Executive's consultant's report on the future of fire service control rooms in Scotland. Of the small number of possible options presented, we consider that the option of having three fire service command and control rooms, with a west, east and north distribution, would best meet the resilience and operational requirements of the service.As with most issues of this kind, some clarity is required on the financial data identified in the consultant's report, on which the consultant's recommendations are very much based. CFOA Scotland has difficulty in reconciling the financial information to the human resource needs identified. We are firmly of the view that the projected savings are very much overstated. Detailed comments on the specifics of those matters have been made to the Finance Committee in response to its invitation to provide comment on the financial implications of the bill.Once again, many thanks for the audience. We now invite the committee to ask any further questions as necessary.

In the same item of business

The Convener (Miss Annabel Goldie): Con
Good afternoon. I welcome everyone to the 25th meeting of the Justice 2 Committee in 2004. Our purpose this afternoon is to continue our scrutiny of the Fire...
John Williams (Chief Fire Officers Association Scotland):
Yes, convener.Good afternoon, ladies and gentlemen. First, I thank the committee for giving the Chief Fire Officers Association the opportunity to deliver an...
The Convener: Con
Thank you, Mr Williams. Incidentally, I should have passed on to the committee an apology from Nicola Sturgeon. I am sorry that I forgot to mention it.One of...
Brian Allaway (Chief Fire Officers Association Scotland):
It is a combination of both those things. From the way in which the bill is drafted, it appears that the minister will reserve powers to manage just about an...
The Convener: Con
Might you be happier if that section were more precisely defined? Is there a situation in which you would not mind ministerial intervention as envisaged in s...
Brian Allaway:
Yes. We would not mind the ministerial intervention that is granted in section 2—we think that that is proper. We may want it to be expanded somewhat to allo...
The Convener: Con
The issue strikes at the whole question of governance—who is in charge at any one time—which, judging by the introductory remarks of Mr Williams, is a concer...
Brian Allaway:
We believe that the framework document that the Executive signals in the bill is the way forward on that. The Executive has indicated that it will consult on...
The Convener: Con
When questioned on the fact that the provision in the 1947 act for the firemaster to have a direct responsibility to the fire authority is not replicated in ...
Brian Allaway:
No. That will start to take away the responsibility of the firemaster to the fire authority for the effective and efficient delivery of the fire service and ...
The Convener: Con
From what you have said about the balance of power and accountability, it seems that some of it could be tweaked by more specific drafting in the relevant se...
Brian Allaway:
It is not about being relevant; it is about being much more specific and making clear the lines of responsibility and accountability between the three levels...
Karen Whitefield (Airdrie and Shotts) (Lab): Lab
I draw to your attention part 1 of the bill and specifically section 1, which is on fire and rescue authorities. Many of the submissions to the committees ha...
Brian Allaway:
An opportunity could have been taken to clarify current concerns. At the moment, the fire authorities' area of responsibility in relation to inshore and offs...
Karen Whitefield: Lab
Do you believe that the amalgamation scheme arrangements set out in section 2 will provide for joint fire and rescue boards where appropriate?
Brian Murray (Chief Fire Officers Association Scotland):
We do not have a great problem with the way in which section 2 is drafted to allow powers to be taken. However, given the fact that this legislation could la...
Maureen Macmillan (Highlands and Islands) (Lab): Lab
Sections 7 to 10 outline and define the main fire and rescue functions. Those are promoting fire safety, which is to do with providing information on prevent...
David Wynne (Chief Fire Officers Association Scotland):
One of the areas that we believe could be improved is the fire service's role in prevention and protection beyond fires. For example, the fire service could ...
Maureen Macmillan: Lab
Thank you. Does anybody wish to add to that? Perhaps I could share my thoughts and see whether you want to comment.
The Convener: Con
Could you put that in the form of questions for the witnesses?
Maureen Macmillan: Lab
Yes. Do you think that the provision to restrict the spread of fires in buildings and other property and to protect life and property will cover forest fires...
Brian Murray:
The bill states:"each relevant authority shall make provision for … extinguishing fires in its area".However, on some occasions we need to control fires befo...
Maureen Macmillan: Lab
Would you like that to be included in the bill?
John Williams:
We have always assumed that property is taken in its widest possible definition and includes the areas that you referred to, such as heathlands and forests, ...
Maureen Macmillan: Lab
Perhaps we should ask the Executive to define the words "property" and "life".
Brian Allaway:
I will pick up the point about areas that are not well defined, or even not included, in the bill. Part of our work that is very topical is our response to w...
The Convener: Con
I am sorry, Mr Allaway. We have some interference, part of which is electronic and is being attended to but part of which is quite outwith my control. One of...
Brian Allaway:
Yes. Since the horrific incident in New York on September 11 three years ago, the emergency services throughout the entire country have been working up their...
The Convener: Con
Would you like that to be included in the bill?
Brian Allaway:
Yes, indeed.