PAPER C
REASON FOR SELECT COMMITTEE CONSIDERATION
To brief Members on the draft
Civil Contingencies Bill and to outline the proposed changes and how they are
likely to impact on the Council.
BACKGROUND
Since the beginning of Emergency
Management and the introduction of the Civil Defence Act 1948, Local
Authorities have, using broadly permissive powers, written and tested a wide
range of emergency plans and trained others in their activation role to fulfil
various Governments’ expectations.
The first time Central Government
really became aware that the 1948 Act and subsequent changes in supporting
Regulations was fast becoming outdated, was the national fuel crises in 2000
and the Foot and Mouth outbreak in 2001, both of which were interspersed with
severe flooding across many counties. The final event that was to have
international repercussions was the terrorist attacks on the World Trade Centre
and other American locations. As a consequence, the Government renewed its
focus on resilience with a promise of a new statutory Civil Contingencies
framework to meet the hazards of modern times.
The Civil Contingencies Bill is
part of the Government’s wider resilience agenda. Resilience is the ability to handle disruptive challenges that
can lead to or result in crisis. The
Bill builds resilience by focusing on managing risks associated with events or
situations that can lead to emergencies through effective civil
protection.
The purpose of new legislation
will be to deliver a single framework for Civil Protection in the United
Kingdom by providing a consistency of approach and outcome by building a
co-ordinated and capable response.
For the first time, legislation
will give organisations that form the core of the local response to emergencies
a clear and consistent set of expectations and responsibilities in relation to
civil protection. This will ensure
consistency of activity across the local response, delivering improvements in
performance and communication. Local
responders will deliver civil protection based on key themes – risk management,
emergency planning, business continuity and warning and informing the
public.
The Bill firstly defines
“Emergencies” and then provides roles and responsibilities at local level to
two categories of “responder” organisations:
Category 1 Responders
County Councils, Metropolitan
District Councils, London Borough Councils, Unitary Councils, Shire District
Council’s, Police Forces, Fire Authorities, NHS Ambulance Trusts, Environment
Agency and the Maritime and Coastguard Agency.
Category 1 responders will have
placed upon them a consistent set of responsibilities in relation to civil
protection and will undertake the full spectrum of civil protection activities:
Formal risk assessment, Planning
arrangements, Business Continuity, Warning and Informing, Sharing information,
Co-operation and Promotion of Business Continuity Management. (Local
Authorities only).
It will be an expectation that
these duties will be achieved through the formation of Local Resilience Forums
for the purposes of discussion and action. On the Island, an Emergency Planning
Forum is already in place, meeting on an annual basis and chaired by the Chief
Executive Officer. In addition a Joint Services Liaison Group meets on a
quarterly basis chaired by the Chief Fire Officer.
Category 2 Responders
Electricity suppliers, Gas
suppliers, Water undertakers, Telecommunications operators, Railway operators,
Airports, Harbours, Health and Safety Executive.
These organisations will only be
under a duty to share information and co-operate in maintaining preparedness
for possible emergencies affecting their areas of operation.
Specific duties for both
categories, who should carry them out and to what standard they are to be
achieved will be detailed in Regulations made by a Government Minister
following enactment of the Bill.
In summary, the changes and the
impact on the Council are likely to be:
°
A statutory duty to carry out a range of new and enhanced
Civil Protection activities in “Partnership” with other responders covered by
the same Act.
°
A duty to “Inform” the public of the emergency management
arrangements provided and how it might involve them, and a duty to “warn” the
public during emergencies and provide information.
°
A duty to plan for Business Continuity and to promote
Business Continuity Management across the commercial sector.
RELEVANT PLANS, POLICIES, STRATEGIES, AND PERFORMANCE INDICATORS
Although the Home Office, when it
was responsible for Local Authority Emergency Planning, published a set of
standards for Civil Protection, targets were never issued to enable measurement
of performance. Under the new civil
contingencies legislation the Government will bring performance management of
civil protection activity within mainstream audit processes.
CONSULTATION PROCESS
As a result of the review of civil
protection arrangements in England and Wales, a public consultation, lasting 12
weeks was held in 2001, from August to October. A series of 7 workshops was held as part of the consultation
process: these were attended by 325 people.
Written submissions were invited from all interested parties: 267 were
received. These formed the final report
on the consultation. The final report
was made public in February 2002.
Consultation on the draft Bill ran
from 19th June – 11th September 2003.
The analysis of the responses to
the consultation will feed into the final policy development process to help
the Government move towards a Bill ready for introduction when Parliamentary
time allows.
FINANCIAL, LEGAL, CRIME AND DISORDER IMPLICATIONS
Although the draft Bill states
that under the new framework funding for local authority civil protection work
will be brought into the mainstream, the financial implications are difficult
to assess at this stage.
BACKGROUND PAPERS
The Draft Civil Contingencies
Bill, Explanatory Notes, Regulatory Impact Assessment (Local Responders) and
Regulatory Impact Assessment (Emergency Powers) – Cabinet Office (June 2003)
Draft Civil Contingencies Bill,
Consultation Document – June 2003
Contact Point: Jan Alexander, Corporate Services Manager, Fire and Rescue Service
(
823198, [email protected].
RICHARD
HARDS
Chief Fire
Officer