PAPER B

Purpose : for Decision

REPORT TO THE EXECUTIVE

Date : 3 DECEMBER 2003

Title : WHITE PAPER – “OUR FIRE AND RESCUE SERVICE”

REPORT OF THE PORTFOLIO HOLDER FOR FIRE, EMERGENCY PLANNING AND CONSUMER PROTECTION

IMPLEMENTATION DATE : 15 December 2003

SUMMARY

1. The White Paper sets out the Government’s national vision for the Fire and Rescue Service of the future and how the Government intend this vision to be delivered. The Local Government Association has issued guidance on developing regional management boards and their implications for the modernisaton of the Fire and Rescue Service.

2. This paper is to introduce the contents of the White Paper to the Executive and to stimulate debate upon its contents so that the Executive can consider how the Council should address Fire Services’ modernisation.

3. In particular the Executive needs to consider its position regarding the proposed Regional Management Board.

PURPOSE

4. To delegate to the Portfolio Holder for Fire, Emergency Planning and Consumer Protection the authority to negotiate with the South East Fire and Rescue Services Forum over the proposal to establish a regional management structure for the fire and rescue service.

5. CONFIDENTIAL/EXEMPT ITEMS

None.

BACKGROUND

6. The White Paper - The key paragraphs from the White Paper are listed in Appendix A. A full copy of the White Paper is available in the Members’ Room.

7. The key issues for this Authority are

8. The size of the Fire Authority - There are specified functions and duties, which every fire authority has to fulfill no matter what its size. The White Paper questions whether such small fire authorities will be viable in the future.

9. Regional Management Boards (RMB) - RMB’s to be responsible for delivering the following in accordance with national policies:

— “ensuring resilience to emergencies, especially potential chemical, biological, radiological or nuclear attacks;

— specialist or common services, where appropriate, such as fire investigation;

— establishing regional control rooms;

— introducing regional-based procurement to national standards;

— developing regional training strategies and delivery; and

— introducing regional personnel management and human resources management functions;

10. The proposed draft constitution for the South East Fire and Rescue Services, Regional Management Board has been made available in the Members’ Room.

This draft was tabled at a meeting on 31 October2003 at which Councillor Knowles represented the Isle of Wight Council.

11. The Local Government Association has published detailed guidance on Developing Regional Management Boards for Fire Authorities (copies are available in the Members’ Room).

12. The Governments determination for change to happen within the White Paper and subsequently on various public Platforms the Government has stressed its

determination for change to happen.

13. The CPA process for Fire and Rescue Authorities - Currently, there are trials of the Comprehensive Performance Assessment (CPA) being undertaken in 4 fire authorities. These trials will be followed by 4 more next Spring. Then following consultation and subsequent revision the first CPA inspection will commence in January 2005.

STRATEGIC CONTEXT

14. The Councils Corporate Plan - The Councils Corporate Plan acknowledges that the various Local Government Acts since 1999 have set the direction of change for the Council. This White Paper sets the direction of change for the Fire and Rescue Service.

15. The Corporate Plan sets out the Councils commitment to working in partnership with other public sector agencies. We have an objective to “promote and deliver services which are sustainable in economic, social and environment terms.” We state that we will “continue to develop new models of service delivery particularly through partnership arrangements with other agencies.” And, “Extend the use of pooled budgets’ and joint delivery with other agencies”.

16. The White Paper gives us the opportunity to put all of the above into practice. However, the Corporate Plan also commits the Council to “support the continued provision of a locally controlled, managed and delivered fire service” and particularly to “provide and maintain an Island Fire and Rescue Service supported by a locally based emergency Control Room.

17. The key issue for the Fire Authority with regard to the Corporate Plan is to find a way forward that takes into account the significant changes to the national framework for the Fire and Rescue Service as set out in the White Paper.

CONSULTATION

18. The Fire and Public Safety Select Committee considered the White Paper at its meeting on 14 July 2003 and resolved that:

19. “In the event that the Government pursue the White Paper then this Committee would wish to see the Isle of Wight set up as a sub-region”.

20. The Fire Brigades’ Union, the local pressure group “Our Fire Service” and the Retained Firefighters Union were invited to put their views on the White Paper to the Fire and Public Safety Select Committee on 10 November 2003. The Select Committee resolved to recommend to the Executive

(i) THAT the Control Room should be maintained on the Island and any attempts to relocate it to the mainland be resisted.

(ii) THAT consideration be given to the impact of combining the Control Room with the Ambulance Service on the Island.

FINANCIAL/BUDGET IMPLICATIONS

21. There are a number of costs which are incurred in being a stand alone Fire Authority. These can in some instances be offset to some extent by collaborating with other Fire Authorities.

22. The budget bids for 2004/05 are detailed in the Fire and Rescue Services’, Service Plan. Additionally there are two other areas where costs might or will be incurred: Regional Management Boards and Control Room provision.

23. Regional Management Board - Costs will be incurred in two areas: the costs of administering the RMB and the costs associated with delivering the outcomes required in the 6 areas of responsibility allocated to the RMB. At this stage it its impossible to estimate what these costs would be or how they would be apportioned.

24. Control Room Provision - The Best Value Fundamental Review of Control and Communications identified that there would be costs attached to combining Fire Control with other public services on the Island.

25. The following is an extract from Option 2 of the 2001 Review:

Main Budget Issues

The budget will be the approved budget including development issues as determined by the Isle of Wight Council. There will be initial building costs or renovation costs plus the provision of communication and technology infrastructure, together with project management and reinstatement/transference of existing equipment.

New Building Cost - Approximately £550,000 to £650,000

(this is based on an industrial unit)

Renovation Cost - Approximately £220,000 without

fittings.

Leasing - Approximately £35,000 for an

industrial unit, plus one off payment to

fit out.

- Approximately £77,000 for office type

accommodation plus one off payment

to fit out.

Communications and Technology Infrastructure Provision – (cost not available.)

Moving the computerised mobilising system - £30,000 – not including radio.

26. The Fire and Rescue Service radio schemes throughout the U.K are being replaced by 2006/07 free of charge by the Office of the Deputy Prime Minister. It is not clear if the same patronage would be available for a non-fire/fire collaboration. In the likely event of the Ambulance/Fire Services having to procure their own Radio System Members’ were informed in Paper A - Fire and Rescue Service Scoping Studies at the Fire and Emergency Planning Committee on 15 September 1999 that an alternative radio scheme would likely be in the region of £146,000. The figures will need to be updated and are likely to be higher.

LEGAL IMPLICATIONS

27. The power to establish a joint management board exists under s13 Local Government Act 2000 and ss102 and 102 Local Government Act 1972. The penalty for failure to embrace the national proposals could include intervention by the Secretary of State and, ultimately, the removal of functions of the fire authority from the local authority.

28. In exercising delegated authority, the Portfolio Holder must act consistently with the Corporate Plan, unless one of the constitutional devices to change, or act outside of, that plan is invoked.

OPTIONS

29. To note the Government’s modernising agenda for the Fire and Rescue Service as outlined in the White Paper, but observe the tensions between that agenda and established corporate strategic priorities.

30. To reject the modernising agenda and opt out of negotiations to create a South East Fire and Rescue Service Regional Management Board.

31. To become a full member of the South East Fire and Rescue Service Regional Management Board.

32. To become a full member of the South East Fire and Rescue Service Regional Management Board but with the proviso that at any time this Fire Authority can opt out of any particular policy the Regional Management Board adopts.

33. To authorise the Portfolio Holder for Fire, Emergency Planning and Consumer Protection, to negotiate and in particular by pressing the case for (i) the establishment of a Regional Management Board which best reflects the established strategic priorities set out in the Corporate Plan and (ii) the recommendations of the Select Committee particularly, to pursue the objectives of

§ Sub Regional Status

§ Maintaining a Control Room on the Island

§ Combining the Control Room with the Ambulance Service on the Island

EVALUATION/RISK MANAGEMENT

34. As with any issue there are risks for the Council as the White Paper is implemented. The Government is hopeful that voluntary arrangements for Regional Management Boards will succeed, if not they intend to use their powers (either the existing or new) to intervene or combine Fire Authorities.

35. There is a significant risk that if the Isle of Wight does not participate in the Regional Management Board or at some stage withdraws from the RMB, then the Government will intervene, which could adversely affect the Council ‘s CPA score in the future, or cause combinations of fire authorities.

36. Whilst signing up to this arrangement we would have to accept the 6 issues for the Board to consider these are:

Procurement

Training

Common Services

Human Resources

CCBRN

Control Rooms

37. There is a risk to the Fire Authority that if we do not sign up to the wider agenda the Fire CPA score would reflect this and impact upon our overall CPA score.

38. The agenda for change is wide-ranging and extensive. Some of the measures will be costly for instance I.P.D.S. and there is a risk that unless we collaborate within the Regional Management Board the Council will not be able to provide the resources to take the agenda forward as required.

39. There is a risk that the Island has insufficient capacity to take the agenda forward if we do not collaborate and that we will be judged as failing by the Service Improvement Team and suffer intervention as a consequence.

40. On 24 September 2003 the Executive approved the Fire Authority Integrated Risk Management Plan (FAIRMaP) and Improvement Plan to go out for public consultation. This consultation process is currently underway and is due to finish in December 2003.

41. The responses to the consultation exercise will be reported to the Executive who will then consider the responses as the decision is made on how to implement the FAIRMaP and Improvement Programme.

42. The FAIRMaP will therefore be a document written for the Island and owned by the whole Island and all this is because the Isle of Wight Council is the Fire Authority for the Island. If the Island were to become part of some larger Combined Fire Authority then significantly the Island will have lost the power to set its own FAIRMaP and thus fire protection for the Island would be determined within the context of such a larger Combined Fire Authority’s overall priorities. It is highly likely that within any Combined Fire Authority area there will be areas at higher risk from fire than exist on the Island.

RECOMMENDATIONS

43. To note the Government’s modernising agenda for the Fire and Rescue Service as outlined in the White Paper, and observe the tensions between that agenda and established corporate strategic priorities.

44. To authorise the Portfolio Holder for Fire, Emergency Planning and Consumer Protection to negotiate and in particular by pressing the case for

(i) the establishment of a Regional Management Board which best reflects the established strategic priorities set out in the Corporate Plan and,

(ii) the recommendations of the Select Committee particularly, to pursue the objectives of

§ Sub regional status

§ Maintaining a control room on the Island

§ Combining the Control Room with the Ambulance Service on the Island

BACKGROUND PAPERS

45. The White Paper “Our Fire and Rescue Service” ODPM.

ADDITIONAL INFORMATION

46. Appendix A.

Contact Point : Richard Hards, Chief Fire Officer. 01983 823199,

richard.hards@ iow.gov.uk

R HARDS Chief Fire Officer

D KNOWLES Portfolio Holder for Fire Emergency Planning and Consumer Protection

APPENDIX A

Page 10 The vision

1.6 “Our vision is for a public sector fire and rescue service that:

— is proactive in preventing fires and other risks, rather than simply

reacting to fires;

— acts in support of the Government’s wider agenda of social

inclusion, neighbourhood renewal and crime reduction;

— has effective institutions that support its role and purpose;

— is well managed and effective; and

— is committed to developing and adapting to changing

circumstances, including the growing threat of terrorism”.

Page 11 1.11 “We will rename the service ‘The Fire and Rescue Service’ ”.

Page 20 Building regulations

3.10 “We will consider the results of that research in the forthcoming review of the Building Regulations”.

Page 21 3.12 “We have already consulted on proposals to reform fire safety

legislation by means of a Regulatory Reform Order”.

Page 24 New threats and new challenges

3.23 “In addition, we have also set out our plans to ensure there is a robust legislative framework to increase our national resilience and capability to respond to terrorist and other threats. These proposals are set out in the Civil Contingencies Bill”.

A wider role of the service

3.25 “recognising the service’s growing role in preventative work, response to road traffic accidents and in non-fire related emergencies (such as terrorist incidents), we will legislate to put this work on a proper statutory footing. We will also rationalise fire safety legislation”.

“We will replace them with a simpler fire safety regime”.

Page 25 A modern approach to risk:

Integrated Risk Management Planning

3.26 “We will establish a new statutory framework which will replace a responsibility on the fire and rescue service to plan for, and respond to, a range of emergencies on the basis of risk assessment and management. These new requirements will be brought together in the Integrated Risk Management Plans (IRMPs), which each fire authority will be required to produce”.

Page 26 3.29 “We will require locally generated plans for preventing and

responding to fires and other emergencies, based on an

assessment of risk”.

“We will support and guide the fire service through this process

with technical advice”.

3.30 “Authorities will take on new responsibilities for making

judgements about the risks within their area”.

4. National, regional and local responsibilities

Page 28 4.1 “We will set the national strategic direction for the service and

ensure that it is underpinned by a structure that can deliver

that strategy”.

“There must be regional co-ordination mechanisms to ensure

that those changes are delivered”.

“as and when elected regional assemblies are established, we

will transfer responsibility from the existing fire authorities in

those areas to new regional fire and rescue authorities”.

Current arrangements for managing the service

4.3 “also because of the quality of strategic and operational leadership provided by fire authorities over… Innovation and change has been hindered by restrictive central prescription”.

4.4 “In essence, there are too many small fire authorities, which struggle to provide a cost-effective service because of their size. Authorities range from a few hundred staff in the Isle of Wight to about 7,000 in London. Several authorities have only around 500 staff. 14 have less than 700. It will become increasingly difficult for such small authorities to deliver the more efficient service required. The number of authorities makes it difficult for them to co-ordinate action effectively, as the recent industrial dispute has highlighted. And the small size of many of them makes it difficult to achieve economies of scale”.

Page 30 The national perspective

4.11 “We propose therefore to provide a new National Framework

for the service to bring together all the expectations and

requirements which central government has on behalf of the

nation generally”.

“We will produce and keep up to date a ‘National Fire and Rescue Framework’ “.

4.12 “This Framework will provide the context for the overall work and direction of the service. It will set out:

— what outcomes the Government expects the service to achieve in the light of the proposed new statutory role;

— how the service should undertake specific functions, where this is necessary for reasons of national efficiency (Normally, we would not expect to tell fire and rescue authorities how to run their service. But there will be some areas where, from time to time, the Government does need to set parameters about how things should be done – such as the procurement of communications systems, where setting a national specification can ensure inter-operability with other brigades and emergency services); and

— the financial and other support that the Government will provide, such a technical advice, research co-ordination and expertise, and the contribution of the Fire Service College”.

Page 31

Current arrangements National level Standards on recruitment, training and development, some delivery Inspection/good practice guidance Research and development Pay negotiations Decisions on operational capacity (Section 19 of the Fire Service Act 1947) Some training New Dimension/Firelink Local level Day-to-day delivery Control rooms Recruitment and initial training Some other training Civil contingencies planning Community engagement Procurement

Proposed arrangements National level National Framework Standard on recruitment, training and development, some delivery Inspection/good practice guidance Research and development Technical support, eg estates, communications Pay negotiations Procurement (at least of major purchases) Some training New Dimension/Firelink Regional level Control rooms Civil Contingencies planning Recruitment and initial training Common services, eg response to chemical, biological, radiological and nuclear attacks Decisions on operational capacity (risk management planning) Health and safety planning Procurement Local level Day-to-day delivery (prevention and response) Community engagement Some decisions on operational capacity (risk management planning)

4.13 “We expect that fire authorities will recognise the national

significance of the requirements and”.

“The Government will take reserve powers only to ensure that

an authority acts in accordance with the National Framework”.

Page 33 “But in the interim period, and in those areas that do not

choose to have an elected regional assembly, another model

is needed now to manage a range of regional”.

Regional fire and rescue management boards

4.17 “local fire authorities will therefore be required to establish, before 1 April 2004, robust regional management arrangements with members from existing fire authorities”.

Regional Management Boards to take responsibility for delivering the following in accordance with national policies.

— “ensuring resilience to emergencies, especially potential chemical,

biological, radiological or nuclear attacks;

— specialist or common services, where appropriate, such as fire investigation;

— establishing regional control rooms;

— introducing regional-based procurement to national standards;

— developing regional training strategies and delivery; and

— introducing regional personnel management and human resources management functions”.

4.18 “We will discuss with existing authorities, the Local Government Association and other stakeholders this system of regional management to ensure that it meets the objectives of the National Framework. We hope that such voluntary arrangements will succeed. But if these arrangements do not deliver modernisation quickly, we will use our powers to require combinations of fire authorities, in order to establish regional fire and rescue authorities”.

Page 40 Strategic development

5.9 “We will therefore wind up the CFBAC. We will repeal the

provisions of the Fire Service Act 1947 requiring the

establishment of the CFBAC”.

5.10 “That is why we will establish, quickly, a Service Improvement Team”.

— To act as a catalyst for change, promoting reform and working with

Page 41 all fire and rescue service institutions to ensure change happens. In particular,

to ensure that the change of focus to prevention takes place.

— To monitor the overall rate of change, to report to ministers and the wider public on that progress and thereby highlight any problems or concerns.

— To ensure that the overall strategic direction of all the institutions is focused on the programme of reform and change in a coherent way (as opposed to the current disjointed institutional framework)”.

Quality assurance

5.11 “First, the Audit Commission will take over the role of quality assurance and inspection, at regional and local levels”.

Page 42 5.14 “Second, we will reform the Fire Service College”.

HM Fire Service Inspectorate

5.15 “Therefore, we intend to reform and redirect the work of the Inspectorate so that it is a smaller and more efficient body. It will, in future, have three distinct functions:

Fire research

5.16 “We will therefore support an invigorated programme of fire-related research which”.

Page 43 Practitioners’ Forum

5.17 “We intend to give the lead in this new and challenging role to

the Chief and Assistant Chief Fire Officers’ Association

(CACFOA)”.

Page 46 The role of central government

6.5 “Therefore, we will set out the standards that authorities should meet in terms of, for example:

— procurement of equipment to consistent standards;

— rationalisation of training and development; and

— preparation for handling chemical, biological, radiological and nuclear incidents”.

6.6 “However, the Government has a clear responsibility to intervene if necessary to deal with failing services and inadequate performance”.

Page 47 Comprehensive Performance Assessment

6.9 “We are asking the Audit Commission to work with use and

other stakeholders to develop a performance assessment framework, using the lessons from local government CPA, as the basis for assessing the performance of fire and rescue authorities and their services, and for improvement planning. This framework will also form the basis for determining which fire and rescue authorities merit increased freedoms and flexibilities as a result of consistently good performance as measured against the tough national targets which we will set”.

Page 48 Inspection

6.12 “The CPA and the new inspection regime will have three overriding objectives. It will:

— scrutinise independently the performance of fire and rescue authorities and the service as a whole, and it will produce public reports setting out the strengths and weaknesses of each – this will include the extent to which each has developed its preventative systems and measures;

— provide a baseline for improvement planning to support improved standards, greater co-operation and more efficient use of resources within the fire and rescue service and between the emergency services where appropriate; and

— support greater freedom and flexibilities for high performers, targeting inspection and other capacity support measures in accordance with risk, identifying and dealing with poor performance”.

Page 50 7.2 “Fire authorities are, and will remain, employers of the fire and

Rescue service locally”.

7.4 “Members of authorities will need more specific training in risk assessment and management”.

Page 52 7.12 “First, we will take power to determine the number,

composition and chairing of the negotiating body or bodies for

England”.

7.14 Finally, we intend to take powers to give guidance to any

negotiating body which it would have to take into account in its

work”.

Page 54 7.28 “We expect more collaborative working on such issues as

human resource management or procurement, or more widely,

as fire and rescue authorities recognise that they have shared or overlapping objectives which can best be achieved by working with other services and organisations”.

Page 57 8.6 “This year we have formally approved a new system of training

and development, based on national standards and a framework of skills and competencies – the ‘Integrated Personal Development System’, or IPDS”.

Page 62 The pension scheme

8.19 “We will tackle the high level of ill-health retirement and ensure that the system is not open to abuse. We have already issued guidance on measures to improve the management of ill-health.

— broaden the definition of the term ‘fire fighter’ to allow a wider range of those

employed in the service to remain in the pension scheme;

— place an obligation on fire and rescue authorities to use independent medical assessment before approving applications for early retirements on ill-health grounds;

— introduce alternative arrangements for local authority funding of service pensions, in consultation with the fire and rescue authorities; and

— introduce a new scheme more suited to the service of the future and reflecting changes in the relevant tax and regulatory framework on which there is already public consultation”.

8.21 “We will abolish the current discipline regulations”.

8.23 “We believe that the disputes machinery should be reformed

along the lines of ACAS guidance”.

Page 66 9.12 “We will ensure that fire and rescue authorities and their

managers have the necessary flexibility and freedoms to make decisions in the best interest of local communities”.

Page 70 — We will work with the Audit Commission to establish the new Comprehensive Performance Assessment framework for monitoring and inspecting fire and rescue service performance.

— We will work with the Local Government Association and other key stakeholders, including individual local authorities, to set out the immediate tasks needed to introduce regional management boards, the timetable and process for establishing them in the different regions, and how the details of the structure and membership should be determined in each region.

10.8 “The new Service Improvement Team will be responsible for driving the process of change forward. Its remit will be:

— to monitor progress on the delivery of the agenda set out in this White Paper;

— to report systematically and regularly to the Deputy Prime Minister and other ministers, as necessary, on progress;

— to report publicly on progress – via the Office of the Deputy Prime Minister’s web site – so that the process of change is open and transparent;

— to identify any areas of slippage in the reform programme and to offer support in addressing and tackling shortcomings or failings;

— to ensure that the new institutional framework is put in place and that it operates in the flexible non-bureaucratic way envisaged; and

— to champion and encourage change in all parts of the service”.