Appendix F
E- mail from John McDonnell MP, Chair, RMT Parliamentary
Group, to all Members of the Committee
Proposal for the Regulatory Reform (Fire Safety)
Order 2004
I am writing to draw your attention to the concerns
of the RMT Parliamentary Group about 'Regulatory Reform (Fire
Safety) Order 2004'.
In particular we are concerned that this order will
lead to the ending of the statutory requirement concerning minimum
Fire Safety requirements in London Underground and Railway Stations,
which would then become a matter of risk assessment for the Secretary
of State.
These regulations were introduced in the wake of
the Kings Cross disaster for good reason and the RMT Parliamentary
Group is concerned that there should be no downgrading of the
standards of fire safety on the London Underground, especially
when the present danger of a terrorist threat is considered.
I have attached a copy of my letter to the Chair
of the Regulatory Reform Committee, for your information.
12 July 2004
Annex
Letter from John McDonnell MP to the Chairman
of the Committee
I am writing to you as Chair of the Regulatory Reform
Committee to raise with you concerns with regards to the Regulatory
Reform (Fire Safety) Order 2004 which I understand is presently
under consideration by your committee.
My concerns specifically relate to the fact that
if passed in its current form the Order will revoke the Fire Precautions
(Sub-Surface Railway Stations) Regulations 1989.
As you will be aware these regulations were introduced
as a direct result of the Kings Cross Fire in November 1987 and
set out minimum standards of fire precautions that are to apply
at sub-surface stations, the special perils of which were recognised
by the Board of Trade as far back as 1904 when they specified
certain requirements in relation to the construction of the underground
railways.
The regulations were brought into force under the
powers conferred upon the Secretary of State within Section 12
of the Fire Precautions Act 1971.
The regulations have been applied at 115 London underground
stations and require stringent and wide-ranging fire fighting
and precautions measures, including means of escape, means of
fighting fire, minimum staffing levels and staff instruction/
training, means of detecting /warning of fire and fire resistance.
Your will also be aware these regulations arose from
the deficiencies identified by the Fennell Report into the Kings
Cross Fire.
The effect of the order will be to remove these minimum
safety standards and instead allow management the freedom to risk
assess fire safety measures.
It is unclear to me and I am sure London Underground
users and employees how such a measure will improve fire safety
on the Underground and indeed there are bound to be fears that
without minimum standards corners will be cut and safety compromised.
In this respect has the government been able to explain
why it is now necessary to move away from the recommendations
in the Fennell Report and why the regulations that parliament
deemed so essential in 1989 are no longer valid?
I therefore believe that there are strong arguments
for ensuring that the Sub-Surface Regulations automatically transfer
over as subordinate legislation to Article 24 of the new Regulatory
Reform Order and, therefore, retains the current minimum requirements
that apply to sub-surface railway stations.
If this is not possible, however, I understand the
existing power to make specific regulations under Section 12 of
the Fire Precautions Act will be retained within Article 24 of
the new Regulatory Reform (Fire Safety) Order and the government
should use these powers to immediately to introduce regulations
identical to the revoked Fire Precautions (Sub-Surface Railway
Stations) Regulations 1989.
I would be happy to discuss this matter with you
or your committee if you feel that would be helpful.
12 July 2004
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