Chamber
Plenary, 18 Nov 2004
18 Nov 2004 · S2 · Plenary
Item of business
Fire (Scotland) Bill: Stage 1
No, I do not, because a number of the responses argued for the status quo. The issue now is whether we are prepared to do further work and give the matter further consideration. We are doing that and we will come back to the Parliament on the question. The issue is important and we need to balance local concerns against the case for improved delivery, improved resilience and the significant investment that is required on the new United Kingdom-wide radio communications system for the fire service.
I note what the committee said about the merits of making the water supplier responsible for maintaining water hydrants. We recently consulted on the principles that should underpin water charges and the investment levels that will be required in the water industry for the next eight years. We want to find a solution, but we must ensure that it is consistent with the principles that have been set out. I will therefore discuss the matter with the Minister for Environment and Rural Development and his deputy, who have responsibility for water, and I will let the committee know the outcome as soon as possible.
The fire safety duties that relate to places where people work are also important. The removal of multiple and overlapping fire safety provisions and their replacement with a single fire safety regime based on risk reduction will reduce the burden on businesses and allow more efficient and effective enforcement. As the committee acknowledges, there are a number of complex technical legal issues in part 3 of the bill. Since I gave evidence to the committee, my officials have met the Fire Brigades Union Scotland to discuss those matters and to offer explanations and clarification where they were required. I hope that that dialogue will continue once the draft regulations are available.
I am concerned that we have perhaps not sufficiently clearly explained to the committee our policy that the fire and rescue authority should be the main enforcing authority for fire safety issues and how that affects properties that are subject to houses in multiple occupation licensing or to registration by the Scottish Commission for the Regulation of Care. I assure the committee that the multi-agency approach will stay intact. For example, HMO properties currently receive a visit from a fire officer; that will continue. The fire officer feeds the outcome of the visit into the HMO licensing process as a whole; that, too, will continue. The process and the interaction will look and feel the same. The only difference will be that, on fire safety—and on fire safety only—the fire and rescue authority will be the enforcing authority. It will have the final say on what is acceptable to secure people's safety in the event of a fire. It is right and proper that the professionals should have that duty and power and I am confident that the public at large and those responsible for the licensing schemes will welcome that approach.
We need to ensure that information and education on the new fire safety regime are available in appropriate forms and at the appropriate time for those who need it. We are considering options for publicity and information. For reasons of time, I will skip over that, but I assure members that we believe that the money will be available and we will continue to consider the matter.
I will touch on a couple of other issues that the committee raised. The first is firefighting at sea. I confirm that we will amend the bill to provide for the necessary duties and powers to enable participation in the sea of change project. Secondly, on assaults on firefighters, I am aware that stage 2 consideration of the Emergency Workers (Scotland) Bill begins next week and that provisions in that bill will protect those acting in that capacity. We will lodge the necessary amendments to meet our commitment to protect all fire and rescue service personnel while they are on duty.
I indicated earlier that the consultation process associated with the bill is still on-going. We recently shared our first draft of the national framework with the committee and key stakeholders as part of a pre-consultation exercise. Once we have considered their responses, we will issue a full consultation draft to all stakeholders.
At the beginning of next month we will issue three consultation papers. The first will cover charging. I confirm that it will make it clear that fire and rescue authorities will continue to be able to recover full costs for services that they provide for other organisations, such as training. Secondly, we will consult on our additional functions order under section 10 of the bill. Thirdly, we will consult on a replacement body for the Scottish Central Fire Brigades Advisory Council, which the bill will abolish—a move that, I note, the committee supports. The consultation period will last for three months in line with good-practice guidance and we hope that that—together with a first draft of the fire safety regulations, which should be available for stage 2—will contribute to the scrutiny process and provide further clarity and reassurance.
I hope that what I have said will give reassurance on some of the issues that I have addressed and that we have gone some way towards addressing the concerns of the Opposition parties that have lodged amendments to the Executive motion. We will return to many of the issues at stage 2, but it is important that the Parliament should endorse the need for the bill. The bill replaces legislation that is, in some cases, more than 50 years old and it represents a clear opportunity to help to create a modern and efficient fire and rescue service that can meet the challenges of the 21st century. For that reason, I commend the bill to the Parliament.
I move,
That the Parliament agrees to the general principles of the Fire (Scotland) Bill.
I note what the committee said about the merits of making the water supplier responsible for maintaining water hydrants. We recently consulted on the principles that should underpin water charges and the investment levels that will be required in the water industry for the next eight years. We want to find a solution, but we must ensure that it is consistent with the principles that have been set out. I will therefore discuss the matter with the Minister for Environment and Rural Development and his deputy, who have responsibility for water, and I will let the committee know the outcome as soon as possible.
The fire safety duties that relate to places where people work are also important. The removal of multiple and overlapping fire safety provisions and their replacement with a single fire safety regime based on risk reduction will reduce the burden on businesses and allow more efficient and effective enforcement. As the committee acknowledges, there are a number of complex technical legal issues in part 3 of the bill. Since I gave evidence to the committee, my officials have met the Fire Brigades Union Scotland to discuss those matters and to offer explanations and clarification where they were required. I hope that that dialogue will continue once the draft regulations are available.
I am concerned that we have perhaps not sufficiently clearly explained to the committee our policy that the fire and rescue authority should be the main enforcing authority for fire safety issues and how that affects properties that are subject to houses in multiple occupation licensing or to registration by the Scottish Commission for the Regulation of Care. I assure the committee that the multi-agency approach will stay intact. For example, HMO properties currently receive a visit from a fire officer; that will continue. The fire officer feeds the outcome of the visit into the HMO licensing process as a whole; that, too, will continue. The process and the interaction will look and feel the same. The only difference will be that, on fire safety—and on fire safety only—the fire and rescue authority will be the enforcing authority. It will have the final say on what is acceptable to secure people's safety in the event of a fire. It is right and proper that the professionals should have that duty and power and I am confident that the public at large and those responsible for the licensing schemes will welcome that approach.
We need to ensure that information and education on the new fire safety regime are available in appropriate forms and at the appropriate time for those who need it. We are considering options for publicity and information. For reasons of time, I will skip over that, but I assure members that we believe that the money will be available and we will continue to consider the matter.
I will touch on a couple of other issues that the committee raised. The first is firefighting at sea. I confirm that we will amend the bill to provide for the necessary duties and powers to enable participation in the sea of change project. Secondly, on assaults on firefighters, I am aware that stage 2 consideration of the Emergency Workers (Scotland) Bill begins next week and that provisions in that bill will protect those acting in that capacity. We will lodge the necessary amendments to meet our commitment to protect all fire and rescue service personnel while they are on duty.
I indicated earlier that the consultation process associated with the bill is still on-going. We recently shared our first draft of the national framework with the committee and key stakeholders as part of a pre-consultation exercise. Once we have considered their responses, we will issue a full consultation draft to all stakeholders.
At the beginning of next month we will issue three consultation papers. The first will cover charging. I confirm that it will make it clear that fire and rescue authorities will continue to be able to recover full costs for services that they provide for other organisations, such as training. Secondly, we will consult on our additional functions order under section 10 of the bill. Thirdly, we will consult on a replacement body for the Scottish Central Fire Brigades Advisory Council, which the bill will abolish—a move that, I note, the committee supports. The consultation period will last for three months in line with good-practice guidance and we hope that that—together with a first draft of the fire safety regulations, which should be available for stage 2—will contribute to the scrutiny process and provide further clarity and reassurance.
I hope that what I have said will give reassurance on some of the issues that I have addressed and that we have gone some way towards addressing the concerns of the Opposition parties that have lodged amendments to the Executive motion. We will return to many of the issues at stage 2, but it is important that the Parliament should endorse the need for the bill. The bill replaces legislation that is, in some cases, more than 50 years old and it represents a clear opportunity to help to create a modern and efficient fire and rescue service that can meet the challenges of the 21st century. For that reason, I commend the bill to the Parliament.
I move,
That the Parliament agrees to the general principles of the Fire (Scotland) Bill.
In the same item of business
The Presiding Officer (Mr George Reid):
NPA
Good morning. The first item of business is a debate on motion S2M-1960, in the name of Cathy Jamieson, that the general principles of the Fire (Scotland) Bi...
The Deputy Minister for Justice (Hugh Henry):
Lab
I am delighted to open the debate on the general principles of the Fire (Scotland) Bill on behalf of the Executive. Our partnership agreement gave a commitme...
Mr John Swinney (North Tayside) (SNP):
SNP
Some of members' unease might be to do with the possibility of that power being used to reduce the number of fire control rooms around Scotland, a proposal t...
Hugh Henry:
Lab
I will deal with the issue of fire control rooms in a minute; if I may, I will stick to amalgamation.The power to amalgamate fire authorities has existed sin...
Mr Stewart Maxwell (West of Scotland) (SNP):
SNP
Does the minister understand that the unease that is shared by members of different parties and by many people outside the Parliament concerns the fact that ...
Hugh Henry:
Lab
There is no intention to rule by diktat. Any action that the Executive took on any such issues would follow thorough consultation and full discussion. We hav...
Bill Butler (Glasgow Anniesland) (Lab):
Lab
There has been a great deal of interest in, and some controversy about, the discussion on the future number of control rooms. I accept some of the assurances...
Hugh Henry:
Lab
I would be happy to do that. It is my intention that, after we have reflected on the comments that have been made and done further work on the calculations, ...
Shona Robison (Dundee East) (SNP):
SNP
The minister mentioned that 23 of the 32 local authorities came down on the side of having three control rooms. The question that Mott MacDonald asked was wh...
Hugh Henry:
Lab
No, I do not, because a number of the responses argued for the status quo. The issue now is whether we are prepared to do further work and give the matter fu...
Mr Kenny MacAskill (Lothians) (SNP):
SNP
I thank the minister for his clarification of many points and for the tenor and tone of his speech. The fire service has served Scotland and her communities ...
Hugh Henry:
Lab
I hope that Mr MacAskill recognises that, as I explained to the committee, only one of the powers that he refers to—that of emergency direction—is exercisabl...
Mr MacAskill:
SNP
I accept that and welcome the tenor of the minister's words. However, the devil is in the detail and we must ask further questions about the use of ministeri...
Hugh Henry:
Lab
Kenny MacAskill has indicated that others in his party will comment on the issue of fire control rooms at some length, but I must point out that the bill is ...
Mr MacAskill:
SNP
The minister's words are factually correct, but many members of the public and many members in this chamber—not just those in my party—are concerned about th...
Miss Annabel Goldie (West of Scotland) (Con):
Con
I take this opportunity to thank my fellow committee members, the clerks to the Justice 2 Committee and the witnesses who gave evidence during the stage 1 pr...
Hugh Henry:
Lab
I am baffled and would welcome further discussion with Annabel Goldie about exactly how the situation would change. The power has existed since 1947. All we ...
Miss Goldie:
Con
That is the nub of the disagreement between us. My reading of the bill is that it will provide for a ministerial power that could be instigated by the minist...
Mike Pringle (Edinburgh South) (LD):
LD
I, too, welcome the opportunity to take part in this debate on the stage 1 report on the Fire (Scotland) Bill.A considerable amount of evidence was given to ...
Miss Goldie:
Con
If that is the member's understanding of the situation, will he confirm that that is what section 2(1) says?
Mike Pringle:
LD
That is my interpretation of it. There was considerable discussion of the matter in the committee, and we must take a view. That is my view of the bill as it...
Maureen Macmillan (Highlands and Islands) (Lab):
Lab
The fire and rescue services—especially the local brigades—are held in high regard by the people of Scotland. The area that I represent has only one full-tim...
Hugh Henry:
Lab
Maureen Macmillan's point relates to an issue that was also raised by Kenny MacAskill. Section 45 clearly states that any negotiating body should include rep...
Maureen Macmillan:
Lab
I am glad of that assurance, as I hope others will be.The Mott MacDonald report has, as the minister knows, caused anxiety in most brigade areas. I ask the m...
Ms Sandra White (Glasgow) (SNP):
SNP
I know that my colleagues will elaborate on this point, but listening to what the minister had to say about the reduction in the number of control rooms, I s...
Hugh Henry:
Lab
Will the member tell us how many local authorities are represented by those three brigades?
Ms White:
SNP
I was just about to say that the three fire brigades or authorities that indicated that three control rooms would be their preferred option represent 23 loca...
Colin Fox (Lothians) (SSP):
SSP
Two years ago today, the first national fire strike in 25 years began. I was on the picket line at Liberton fire station in Edinburgh. Little did I realise t...
Bill Butler (Glasgow Anniesland) (Lab):
Lab
As a new member of the Justice 2 Committee, I did not have the opportunity to take part in any of the evidence sessions, but I nevertheless welcome the oppor...
Bruce Crawford (Mid Scotland and Fife) (SNP):
SNP
I heard what the member said about having a single control room, but what is his view on the prospect of having three control rooms?