Select Committee on Defence Seventh Report


1. Introduction

1. In our inquiry into Defence and Security in the UK[1], which we began in January 2002, we examined, among other things, the Government's progress towards reforming the national emergency planning system. At that stage the Government had confirmed that it intended to legislate to replace the Civil Defence Act 1948. It had conducted a public consultation on its proposals (the Emergency Planning Review) which had straddled 11 September 2001. During the course of our inquiry it became clear that the Government had concluded, not least because of lessons learnt from the terrorist attacks in New York and Washington, that "whilst the questions and the scope of the Emergency Planning Review were wide,…there are some fairly fundamental deep-seated questions about how we embed resilience concepts into all our government structures much more."[2]

2. We would not dispute the need to examine these broader issues. Indeed many of them were the subject of our report. But we believed then and we still believe that that examination should have been conducted with greater urgency. We concluded in July 2002:

Ten months have now passed since the terrible attacks of 11 September and nearly a year since the publication of the emergency planning review document. We believe that the Government has had time enough to address the issues raised by the review. It should now as a matter of urgency publish its proposals for civil contingencies legislation, with the explicit aim of introducing that legislation in the 2002-03 parliamentary session.[3]

While we regret that that has not happened, we welcome the publication of the draft Civil Contingencies Bill. We believe that the public consultation on and pre-legislative scrutiny of the draft bill should be followed by prompt introduction of a bill in the new parliamentary session.

3. We had intended to examine any civil contingencies bill ourselves (whether it was published in draft or not). The Government, however, has proposed that the pre-legislative scrutiny of the draft bill should be conducted by a joint committee. The House of Lords has agreed to the establishment of a joint committee and that it should report by the end of October. As of 2 July, the necessary motions had not been tabled in the House of Commons. There are just seven sitting weeks between now and the end of October. Whether this timetable is reasonable will be a matter for the Joint Committee to decide, but it seems to us to be scant time for proper pre-legislative scrutiny of a draft bill which, as we shall see, is far from straightforward.


1   HC (2001-02) 518 Back

2   Ibid, Q 1477 Back

3   Ibid, paragraph 158 Back


 
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Prepared 10 July 2003