Select Committee on Office of the Deputy Prime Minister: Housing, Planning, Local Government and the Regions Minutes of Evidence


Examination of Witnesses (Questions 360-379)

19 NOVEMBER 2003

PROFESSOR SIR GEORGE BAIN AND MR BOB EVANS

  Q360  Chairman: You have talked very much about wanting the whole thing to be audited but is it easy to audit a culture change?

  Professor Bain: I do not think it is easy to audit a culture change and I would not suggest that you do audit a culture change. I am actually not here thinking of the Fire Service but my own career where on three occasions I have been involved in very, very large scale change. I would argue that you do not start by changing cultures. I think you change behaviour and culture change comes at the end when people actually see that the new behaviours are better than the old behaviours. So if I was being asked to reform the Fire Service I would not start by changing cultures, I would start by changing behaviour. I think once you change behaviour perhaps attitudes and values begin to change and ultimately culture change because people say, "Gosh, this is a lot better than the old ways," not just because in this example perhaps we save more lives but also people say, "You know, I didn't really want to be climbing ladders with a hose when I was 45—50. I'd rather be doing fire prevention work," or, "I'd rather be doing another kind of job with the broader career structures which this is going to give me." So I would not audit culture, I would be auditing output. It was a very interesting point Mr Betts made. I think you do not want to audit inputs, you want to audit the outputs and ones that you can measure and say we are moving on.

  Q361  Chris Mole: Could I just follow up, Sir George, the point you were making there about savings accruing three years down the line in the example you were giving. To whom do those savings accrue? Do they accrue to the Fire Service? Because if they do not, the concern is that they are not clearly available for reinvestment in pay.

  Professor Bain: I had better turn to Bob on this, who would know much more about it, but I assume they accrue to the local authority, would they not, or the Fire Service?

  Mr Evans: They should accrue to the fire authorities. I think the important point is that of course they do not accrue equally. There is no reason why the costs of the pay award in a fire authority will be necessarily exactly the same as the savings from these measures but that was one of the reasons why—there is some reference to this in chapter 12—we thought it was appropriate to have transitional funding to actually even out these imbalances and I understand the Government has agreed that with the local authorities.

  Q362  Chris Mole: So in terms of co-responding it is not a question of the saving accruing to the Health Service rather than the fire authority or anything like that?

  Mr Evans: No. You have to be careful when looking at the figures in our review. We were trying to demonstrate a point there, not trying to cost the whole exercise accurately, but we did not actually assume there are cash savings from some of the medical advances like the carriage of defibrillators. What we said was, quite rightly in investment appraisal terms, there are certain external benefits such as you save lives and you improve people's quality of life by getting to them early. So there are benefits there, but we did not put that in the cost equation; it would not have been right to do so.

  Q363  Mr Cummings: Your position paper, Sir George, highlights many deficiencies in the institutional structure of the service. You criticise local authority employers, you criticise the Fire Brigades' Union and the senior management of the Service. Do you believe that the proposals in the White Paper can really be implemented in the context of the deficiencies you have identified?

  Professor Bain: I think so. You are quite right, the Fire Brigades' Union, I suppose, got a good deal of the flak but we were very much at pains in the report to point out that what we found was not the responsibility of any single institution or group of people, it was very, very widely based; it was a systems failure really. The reason I think it can work is first of all the report and the White Paper based on the report recommend a different set of institutions to actually drive policy in the Fire Service forward. So to some extent the older institutions which were not particularly functional from our point of view, like the Central Fire Brigades' Advisory Council, are going to be put to one side and replaced by new bodies. I think the second reason why it is possible is the role of chief fire officers. What we found was that the right to manage by chief fire officers was very, very constrained. On the one hand there was pressure from above (ie from the fire authority) and my own view is that the fire authority should be acting almost like non-executive directors on a company board (ie not interfering in operational matters, trying to set broad policy) but in many cases they did interfere in operational matters, as we saw it, and the ability of chief fire officers to operate in the way they thought best was constrained. Then of course there was pressure from below, from the workforce and from the trade union and one of the things we were at pains to stress, and I see that the White Paper is at pains to stress, is that chief fire officers must have the right to manage and indeed the Association is going to be given the lead role on the practitioners' forum, which is specified in the report and in the White Paper. So I think there is room for some optimism that these changes can be brought about given new institutions, new policies and a stronger role for chief fire officers.

  Q364  Mr Cummings: Several authorities have flagged up to the Committee their concerns that, whilst the Fire Service was being reorganised on a more integrated risk-management basis, the building regulatory process is divorced from all of that. The authorities' concern is that the IRMP process may thus be denied some of it most effective strategies to prevent loss of life by improving the built environment. Is this a concern of yourself?

  Professor Bain: I must admit that building regulations is not a topic which I am really very knowledgeable about, I must say. Bob, have you got an observation on that?

  Mr Evans: I think one of the points we made in the report was that Government had to play its part. So Government had to come up both with the leadership for the Fire Service, which in a sense it is now doing having published the White Paper, but also with the legislation to give more flexibility and building regulations are clearly part of that. I think George is right, we were very concerned not to get too involved in the detail in the report because in a sense we want flexible solutions at a local level, but we recognise the point you make.

  Q365  Mr Cummings: Do you believe that the Government is being too cautious on this particular aspect of building regulations? Will you be quite pointed in any remarks directed towards the Government in this direction?

  Professor Bain: Mr Cummings, this is not a point upon which I have the knowledge to offer an opinion on.

  Mr Evans: I think we recognise that the Government has to take action in this area, as other areas, but I do not think we feel we are professionally qualified to say what action it should take.

  Q366  Mr Cummings: Do you believe that the Fire Service Inspectorate, the College and the Audit Commission are up to the tasks outlined for them in the White Paper?

  Professor Bain: I think this is an area where perhaps I can speak with greater knowledge than on building regulations.

  Q367  Mr Cummings: The reason I ask is because there has been tremendous criticism levied upon those particular bodies during the course of this inquiry.

  Professor Bain: That is absolutely right. Let us just take the three you have mentioned—the Inspectorate, the College and the Audit Commission. In the report I think we are suggesting that the Inspectorate really had an ill-defined role and over-inspected but in a sense many of the inspections were not particularly effective. Basically we were arguing for the Inspectorate to play a less important role in the future than it had in the past and indeed for a great deal of what it did in a sense to be taken over by the Audit Commission, which I will come to. So I am not too worried about the Inspectorate because I do not see it as being key to the new modernised Fire Service. I think the College, however, is key in many ways. First of all, we see the role for the College to be one of really a centre of excellence for a variety of things, not just in training but for the integrated personal development system and for a whole range of other things. We also see it being key in terms of research on matters of fire safety, disaster, control, etc., and I think the College as reconstituted will play that role, particularly if, as we recommended in the report, you are putting bright young men and hopefully increasingly bright young women in the Fire Service who have reached upper-middle rank and then go back into the Service later in their careers. I would hold out a lot of hope for the Audit Commission because I think the role it has played in auditing in local government, in the National Health and in doing comprehensive performance assessments is exactly what is required in the Fire Service. I think also the reason I am very hopeful is that there were over 100 reports written on the Fire Service in the last 30 years and in my judgment the two best reports (I will leave aside our own) were those done by the Audit Commission four or five years ago, In The Line of Fire and the second one it did on getting value for money. So I think the Audit Commission is already quite knowledgeable about the Fire Service and I think it has proved its worth in local government and the NHS. I see no reason why it will not triumph here and certainly I think it will be much more effective than the Inspectorate has been historically.

  Mr Cummings: Thank you.

  Q368  Mr Betts: You sound slightly dismissive of the Inspectorate and you are saying now there is a new role for the Audit Commission and you have spoken about the work they have already done in the past, which has been one of the better things that have happened in terms of reviewing the Fire Service. Is there any need now for an Inspectorate at all if they are going to do things like technically advise the Deputy Prime Minister and advise on the efficiency of regional procurement? Do we really need a separate Inspectorate to do those sorts of things?

  Professor Bain: Well, we perhaps need a smaller one! The White Paper says that it is going to really have, I think, three functions: one is as a professional adviser to the Government, the second one is to support the Audit Commission in its work and the third one is to support the service improvement teams. I think there may even be some evidence that the Inspectorate today is smaller, significantly smaller than it was at the time that we reported last December.

  Q369  Chairman: Could I pursue you a little bit on this question of the right to manage. You have got a democratically elected or appointed body which runs the Fire Service and they are likely to respond to the views of their electorate or the local people. When you are talking about closing fire stations, is it something that the management should be able to push pretty strongly or ought there to be rights of people in the local community to say, "No, we're proud of our local fire station. It's served us well. We want to keep it"?

  Professor Bain: When I was saying "the right to manage" it was in a more general sense. On the specific issue, Chairman, which you raise with respect to the closure of fire stations, I think it is made quite clear in the report and also in the White Paper that obviously there has to be consultation carried out with local communities about any question of closing or moving fire stations. But speaking personally, I would have thought that a local community would not necessarily have the right to veto that because on many occasions the fact that it has served us well in the past is not the criterion necessarily for whether it will serve you well in the future. For example, if there are going to be larger fire authorities, I do not necessarily mean regionalisation but if we are going to begin to have Brigades merging, etc., you may well have two fire stations virtually cheek by jowl, which would not make a great deal of sense. Also, fire stations were set up of course in many cases, because some of them are very fine Victorian buildings, at a time when centres of population were as they were in say the Victorian period and when perhaps the only thing that fire stations did were house people who fought fires. Today, of course, many fire stations would be better located next to the M6 or the M1 because they actually spend more time saving lives on the motorway and dealing with the consequences of that. So the public's view is certainly one major ingredient and clearly they must be consulted, but I would have thought it would be wrong for them on a technical matter to actually have the right of veto.

  Chairman: Thank you.

  Q370  Chris Mole: Sir George, the proposals in the White Paper will mean that the Fire Service is going to have a wider remit, which could include almost anything from environmental disasters to animal rescues. Your position paper emphasized that the Fire Service should have specific responsibilities. Is the White Paper specific enough or have they left it rather too generalised?

  Professor Bain: I have not done a very close textual analysis but we set out at paragraph 4.5 of our final report the things we thought the Fire Service should do and we said that it should be first of all, to make this short, reduction in risk management, secondly community fire education and safety, thirdly fire safety enforcement, fourthly emergency response (ie fire-fighting, disasters, chemical spillages, traffic accidents) and fifthly one which is going to increasingly engage us and we are reminded of it as we walk around the streets today and tomorrow, what is sometimes referred to as "new dimension", large-scale terrorist incidents. So those were the five things that we thought the Fire Service should be involved in and as far as I can see the White Paper perceives it to be broadly as we do. So I do not see a difference there, no.

  Q371  Chris Mole: So when they say "rescuing people from whatever dangers they may face," you see that as being pretty much the same thing?

  Professor Bain: I think it is the same. We have spelt it out. I suppose, as you well know, at the moment really the only statutory duty which the Fire Service has is to fight fires. They do not have a statutory duty to deal with terrorism, road accidents or indeed with fire prevention. So there is clearly a need to spell it out and there is also a need obviously to have it more explicitly recognised, I assume, in terms of the funding which is required for these different activities.

  Q372  Chris Mole: Now we will talk about risk reduction and I am trying to put together what you said earlier about the lack of expertise on building regulations because it seems that there is a doubt as to whether the intention of the White Paper can actually be achieved without building regulations being brought more effectively into the new fire and emergency management arrangements. Sprinklers is a good issue which seems to have bounced across the Committee in its hearings so far. Can the intentions of the White Paper really be achieved in terms of risk reduction unless those building regulations issues are addressed at the same time?

  Professor Bain: I will not repeat what I said earlier about my expertise on this point, but I must say that during the inquiry with all of the people who submitted evidence to us, all of the people who appeared before us, building regulations did not loom large; it was not a burning topic. I would not want to trivialise it because obviously it is a priority. You can see that the way in which buildings are constructed is an important factor. It is also one where I thought expert opinion on fire safety was taken into account, but I will not get into that. Certainly, leaving building regulations to one side, there is no doubt in my mind that if you have an integrated risk-management plan this will make an enormous improvement to both the safety of the public and to the cost-effectiveness of the service. Building regulations no doubt would help as well but, as I say, I cannot comment on that.

  Q373  Chris Mole: I hope I am not barking up the wrong tree with the next question as well. In your position paper you refer to the need to bring forward a proposed regulatory reform order to amend fire safety legislation. Why do you think that one is a particularly important one?

  Professor Bain: Well, mainly—and perhaps Bob can expand on the detail—because at the moment, as I understand it, a lot of these regulations are all over the place, in different bits of documents, are sometimes confusing (the business community finds it difficult) and the reason for that recommendation was really to tidy things up and make them much more user-friendly, particularly for the business community as such.

  Q374  Chris Mole: So simplifying the red tape?

  Professor Bain: It is simplifying the red tape.

  Mr Evans: Going back to the position paper, the position we were looking at then was that this was another area where people had identified things which needed to be done but we were not seeing the progress. Our final report pressed very heavily for the Government to take forward legislation. We have seen one Act already and we have got another Bill in preparation and the Regulatory Reform Order I think is still going through, as I understand it. So we have seen some useful progress on that in the last year.

  Q375  Chairman: Last week I managed to persuade one of the witnesses to refer to the question of cats in trees, which was then denounced by the Telegraph for the fact that people wanted the Fire Service to continue to rescue cats from trees. Do you think the Fire Service should really be providing a service so far as the rescue of animals is concerned?

  Professor Bain: That is probably the most contentious question you have asked, especially, if I may say so, with my Canadian accent in Britain with the lovers of animals! Let me come at it this way. I do not see why not, although it was not a recommendation. There is a certain range of services which you might argue the Fire Service could charge for as well. If people have cats which are constantly climbing trees but do not know enough to climb down you might want to actually levy a charge in the same way as for false alarms and so on. We did not, as you know, actually make that a formal recommendation but certainly a lot of the time of the Fire Service is—well, in the case of saving cats I will not say wasted, but spent on activities which are perhaps not central to its activities. In the case of false alarms it is central to its activities, of course, but I think with automatic fire alarms 98% of them turn out to be false. That is obviously very, very unfortunate.

  Q376  Chris Mole: You touched on cultural change earlier on. If I could return to that. Could the retained firefighters really ever get away properly from their second-class status?

  Professor Bain: I do think so, actually. Just to reinforce that, there is no question that they have a second-class status at the moment and the report and the White Paper are saying they should not. They should meet the same standards for recruitment, they should get the same training, they should get the same opportunities for promotion, etc. I think if that happened one way of thinking of retained firemen is as part-time firemen. Perhaps analogies are often difficult, but think of the TA. At the moment if we can staff up the Army in Iraq with part-time soldiers from the TA, etc., which I would have thought is at least as complex an operation as a fire brigade in a local community, I see no reason at all why this cannot happen. At Queen's just very recently the OTC there, a lieutenant-colonel who is a full-time career officer was in charge. He had recently got re-assigned a month ago and he is being replaced by another lieutenant-colonel who is in the TA and he will do exactly the same job. So I think if we stop thinking of them as almost boys who are enthusiastic about being firefighters and turn out on a Saturday afternoon every once in a while and look at them as professionals who want to work part-time, and if you think of the report saying that we would like the service to have many more diverse types, not just in terms of ethnic minorities and women, etc., you might have lots of other part-time firefighters because if there is one thing which is clear from all the reports it is that the incidence of fire and risk varies over time. It varies between regions, it varies between communities in terms of their socio-economic status. If you think of the way now that such a very large proportion of the labour force is composed of part-time people why should this not be true in the Fire Service, as it is in virtually every other sector? I imagine many of the people working in this building other than MPs, etc.—you can comment on your own position—are on something less than a straight 9.00-5.00 eight hour day and I would have thought the Fire Service is exactly the same.

  Q377  Chris Mole: I thought you might have been on fairly safe ground with some MPs there. Perhaps you could tell us what you saw which made you, in your words, "frankly appalled" at the level of racism and sexism in the Fire Service?

  Professor Bain: I think it was not so much what we saw, it was what we discovered and read from previous reports. The Home Office did a report in 1999 and this is in paragraph 7.41 of the report: "There were reports of sexual harassment in all the brigades visited by the Inspectorate. This ranged from routine harassment such as men urinating over the floor and toilet rolls in the women's toilets or the display of pornographic videos at fire stations to more serious harassment in some brigades. This included exposure, touching and assault which had catastrophic effects on the women concerned." It was reading evidence of that kind which horrified us and again I think I should stress the FBU certainly does not condone such behaviour, indeed it very aggressively tries to prevent that sort of behaviour, but the simple fact is that I think the watch culture, the methods of recruitment obviously encourage a very macho culture which is not women-friendly, is not ethnic community friendly and indeed probably more generally is not friendly to anybody who is out of the ordinary.

  Q378  Chris Mole: So is the shift system really a barrier then? Against that backdrop it hardly seems to be such a great problem yet the White Paper suggests that it is something necessary to make the service more diverse, yet networking women in the Fire Service said they thought that was perhaps overstated and what they felt women needed was more certainty about how they could match their work/life balance. What are your thoughts on the importance of the shift system in promoting diversity?

  Professor Bain: Could I answer that question perhaps a little more broadly. As you know, about 95% of firefighters work the 2, 2, 4 (two days, two nights with four days off) and it probably does suit some women. It might well be, since people's living patterns vary so greatly, that there are some women who would find that—and indeed the FBU has argued this—actually a good system. But it is quite clear that a very large proportion of women, and indeed men and others, would not find that a convenient shift. It is also not necessarily the kind of shift that would be best for actually getting fire cover to vary in a way which reflected risk to people rather than risk to buildings. So we are not arguing against the 2, 2, 4, we are simply saying that it should not be the only shift pattern which is available. I thought the White Paper was rather good on this. In the appendix at the end, as I am sure you are well aware, they give some examples here on pages 72-74 of different working patterns for firefighters, of which one could still be the 2, 2, 4, but some would be 9.00-5.00. In fact 5.00 is not a very good time to change a shift because one of the big times for fires is around 5 or 6 o'clock as people are putting on their chip pans and all that sort of stuff. So you do not actually want a shift to change at 6 o'clock at night but that is exactly the point at which shifts do change. So we are just arguing against one size fits all. At the moment you have got one size fits all, 2, 2, 4. We are simply saying there are many other shift patterns which would be good, first of all for firefighters and particularly for women. We are saying there are also many other shift patterns which would be good for the efficiency and effectiveness of the service.

  Q379  Christine Russell: Sir George, there still appears to be great resistance to change in many sections of the Fire Service, particularly over joint control rooms, joint responses with other emergency services. Why do you think that opposition is still there and still so strong in parts of the Service?

  Professor Bain: Well, if we take the joint control room—and I suppose this is a question which is better put to perhaps the FBU—from reading what I have read they seem to think that it would result in the loss of jobs. But there is no doubt in my mind that it would certainly be more effective and more efficient to have joint control rooms, certainly between different fire authorities and perhaps between different emergency services. I think we give a statistic in the report, and it is repeated in the White Paper, that the cost of incidents vary from something like £18 per incident in London to, I think it is, £120 or something of that magnitude in some of the smaller authorities. So I suppose it is a question better directed to those who are opposed to it than to me, but my understanding is that they see employment consequences. Our answer to it in the report is that there is really quite a large scope for redeploying people. There never has been redundancy in the Fire Service, in modern living memory anyway, and I do not think we would see redundancy here. In fact, if memory serves me correctly, 20% of the Fire Service will retire in the next five years, so there is considerable scope for redeploying people even if this did result in the loss of jobs within the control room.


 
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