Guidance to users and business
232. We asked Mr Tony Taig, a risk assessment specialist,
whether there were any weak points in the fire safety regime which
the proposed Order would establish. He told us that "the
obvious one is that at the moment we do not know where the goalposts
are."[145]
You cannot leave it to a million premises and their
duty holders and however many thousands of fire inspectors that
there are to make their own judgments as to what is a suitable
level of risk or what is a suitable set of precautions for facing
a different risk. You must have guidance on that.
Mr Taig considered that the draft Order required
a set of guidance documents to spell out to responsible persons
what were the benchmarks which people in different circumstances
were expected to be able to meet. The goal-based regime of the
proposed Order was similar to that implemented by the Health and
Safety at Work etc. Act 1974, where the efficient operation of
the risk assessment regime relied on "having well laid out
codes of practice and guidance that explain to people what is
good practice for different circumstances."[146]
He did not think that the draft Order should come into force before
guidance was put in place.[147]
233. We consider that guidance is essential to the
proper implementation of the Order. In the absence of a routine
fire safety inspection and the judgment of the inspecting officer,
the onus for determining the appropriate level of fire precaution
provision will fall on the responsible person. It is vital that
the responsible person is able to have access to a clear and authoritative
source of advice which will tell him how he ought to implement
fire safety provisions in such a way that he is able to safeguard
his premises from fire, protect responsible persons from the effects
of fire and comply with the requirements of the law.
234. The Department has said that if the draft Order
is approved, it intends to issue guidance to the public on its
requirements. It envisages the production of eleven separate sets
of guidance, each directed at specific types of premises.[148]
Each guidance book would cost £12, but would be available
for free on the Internet. The Minister told us that the guidance
would provide much of what was necessary for individuals and organisations
to assist them in implementing the provisions of the draft Order,
including an explanation of risk assessment and practical guidance
on fire prevention and precautions.[149]
He stated that the guidance would be accompanied by information
leaflets which would explain the law and publicise the Department's
intentions.
235. The Department has sent us an early draft of
the first guidance book it is intended to produce, a guide to
fire safety in offices and shops. The guide is in two parts: an
introduction to fire risk assessments (29 pages, containing 14
checklists), and a further section (45 pages) providing more detailed
guidance on risk assessment procedures.
236. We are not in a position to provide a comprehensive
appraisal of the draft guidance book produced by the Department.
We nevertheless note that it is a sizeable document which is likely
to prove quite daunting for a small business trying to implement
fire safety measures in, for example, a corner shop. The Minister
stated that he intended the book to be appropriately sized, so
that individuals were encouraged to read it rather than to put
it to one side.[150]
In our view the guidance book which we have been shown in draft
is of a type which might well daunt a small business unless its
staff were provided with a simpler and more accessible guide to
the law and to their obligations under it.
237. We were heartened to hear that the Chief Fire
Officers' Association was drafting a short four-page guidance
document targeted at small businesses which it intended to submit
to the Department for its approval.[151]
CFOA appeared to consider that small businesses would not need
"a 120-page guidance document".[152]
We consider that standard entry-level guidance to fire safety
responsibilities ought to be made available to complement the
detailed guidance books which are being drafted. Such initial
guidance should of course be drafted in plain English, and should
be user-friendly and accessible.
238. We have already noted that a separate system
of guidance is required on the interpretation of some aspects
of the proposal. We consider that the necessary protection envisaged
in articles 13 and 14 cannot be maintained unless guidance is
given to responsible persons on what "where necessary"
may mean, and to enforcement authorities as to how they should
perform their duties effectively under the Order.[153]
This guidance clearly needs to be mainstreamed throughout the
guides which the Department proposes to produce.
239. We are surprised that there is no provision
in the draft Order for the issue of guidance on its implementation.
The only provision for guidance is in article 26, which requires
enforcing authorities to have regard to "such guidance as
the Secretary of State may give" them. We find it odd that
the Department does not propose to make statutory provision requiring
the issue of guidance. Such provision would arguably enhance the
status of any guidance and would reinforce its importance to the
regime which the proposed Order would bring in.
240. We consider that there is merit in making statutory
provision for the issue of guidance. A statutory requirement,
placing the Secretary of State under a duty to issue appropriate
guidance on the interpretation of the proposal's provisions and
their application, would underpin the importance of guidance in
ensuring the effective and consistent application of fire safety
provisions across the range of premises. We recommend that
the Department amend the draft Order to place a statutory requirement
on the Secretary of State to issue guidance on its implementation
and interpretation.
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