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


Examination of Witnesses (Questions 420-439)

20 DECEMBER 2003

RT HON NICK RAYNSFORD MP, MR CLIVE NORRIS AND SIR GRAHAM MELDRUM

  Q420  Mr Cummings: So you do not think that the Integrated Risk Management Plans will produce no change at all in fact?

  Mr Raynsford: No, quite the opposite. I think they will produce a much better distribution of responses to meet risks and I think they will contribute to reducing the number of fires, the number of fatalities and the number of serious injuries caused by fires.

  Q421  Chairman: So you are committed to the fire authorities being able to set standards locally?

  Mr Raynsford: Yes.

  Q422  Chairman: But, on the one hand, we have got the Integrated Risk Management Plans which the insurance companies are going to look at very closely, so they are going to be applying pressure to the local fire authority to reach uniform standards across the country, and you have also got this problem of different levels of funding that are brought in and you have got the Health & Safety Executive demanding certain standards of training. Is there really much scope for the local fire authority to set its own standards?

  Mr Raynsford: Yes, I think there is considerable scope and I think the insurance industry recognises very much that the losses associated with fires which might have been prevented are a very, very considerable sum indeed and there is scope for real savings if the preventative programme is carried forward in the way that the White Paper envisages. Clearly putting out a fire after it has taken place is not going to be as satisfactory an outcome as stopping it from happening in the first place.

  Q423  Chairman: Do you think the insurance companies are going to be looking at this fire prevention role and taking action against fire authorities if they have not been pursuing that prevention role when it comes to individual claims?

  Mr Raynsford: I have not had discussions myself with the insurance industry, so I could not comment on that. My colleagues might be able to.

  Sir Graham Meldrum: I think in relation to the insurance concerns which have been expressed to yourselves and others, the overall package of Integrated Risk Management does provide adequate cover to all buildings within the community and I think that their concerns will be allayed when they see the level of cover which has been provided within the Integrated Risk Management Planning which is taking place.

  Q424  Chairman: But the question I have put is as to whether there will be differences between one local authority, one fire authority and another and if there is, then surely that is of concern to the insurance industry?

  Sir Graham Meldrum: There certainly will be differences and we would expect to see that. That really is the whole purpose. Whereas in the past the insurance industry would have seen A risk, B risk, C risk, the same everywhere in the country, not taking into consideration all the local factors which could in certain instances, especially now where, say, an insurance company is insuring buildings that are in remote parts of greenfield sites and they are not getting the same level of cover as they would have got in an inner city, they will get better cover under the new system.

  Q425  Chris Mole: I wondered whether the Minister just might dwell for a moment longer on the capacity of fire authorities. When they are implementing IRMPs, they are going to come under a lot of pressure from local communities, local newspapers and the like. What do you see as the imperative that they are going to have to see modernisation through on the ground against those forces which are very considerable for fire authorities?

  Mr Raynsford: A number of factors. They have to have a clear vision of the kind of service they want to operate and how they can be more effective in prevention, in stopping fires from happening in the first place. They have got to communicate that message through the consultation process which is built into the preparation of IRMPs so that local communities, which perfectly naturally tend to want to preserve existing arrangements, particularly where they have got a neighbouring fire station and they will not want to see that changed, those communities need to understand that some change is necessary if you are to respond to today's risks rather than continue to meet the kind of risks that were regarded as being the standards in the 1940s. Now, thirdly, they have got to have sufficient backing from the centre, from their professional institute, CACFOA, from the Inspectorate and from our own modernisation team within ODPM to be able to put forward their case where it is a convincing case and, if they have evidence that they are wrong or that there is better practice elsewhere, to be able to take that on board and change, so we see an important role for the national institutions and indeed for ourselves in helping to inform the process. However, we do, as I stressed earlier, want to see ownership by individual fire brigades for their risk management planning because we do feel, in just the same way as devolving responsibility and power to local government, that it is right that people locally should be in a position to take key decisions about how their service impacts on their community.

  Q426  Chris Mole: So, as the Member of Parliament for Greenwich, you will be completely behind the London fire authority in any closures they make in your constituency?

  Mr Raynsford: I have great respect for the London fire authority, LFEPA, the London Fire and Emergency Planning Authority, I think it is one of the best in the country and I have very good and constructive relationships with them and will obviously continue to talk to them about how they believe it is right to respond to today's risks.

  Q427  Mr Betts: Well, we are all signed up to modernisation now, are we not? The FBU said they were, the Chief Fire Officers, the LGA, and I think it is accepted now that it is not simply a question of measuring how quickly you can get the fire engine out of the fire station.

  Mr Raynsford: Yes.

  Q428  Mr Betts: It is much more about prevention and prevention by the Fire Service.

  Mr Raynsford: Absolutely.

  Q429  Mr Betts: So the first thing the Government does in this process is to take the Building Regulations, having put them together with the Fire Service in the same Department, to divorce them and send them off somewhere else. Is that a very good sign of an integrated service?

  Mr Raynsford: No, it is not the case at all. Building Regulations are a part of our Department's responsibility.

  Q430  Mr Betts: But they are not as integrated as they were a few weeks ago or a few months ago?

  Mr Raynsford: Yes, certainly they are. I personally was the Minister responsible for the most significant change in terms of sprinkler standards three years ago when we extended the provision of sprinklers to cover non-comparted buildings of 2,000 square metres where previously the standard had been 4,000 square metres. That was a decision that we took. We were not at that stage responsible for the Fire Service. We now have responsibility for the Fire Service as well as Building Regulations and I think that is an entirely happy and appropriate link.

  Q431  Mr Betts: And in terms of departmental working, the Building Regulations have to be integrated now into the whole approach?

  Mr Raynsford: Absolutely, yes.

  Q432  Mr Betts: And, therefore, the issue of sprinklers, are we going to see some requirements that sprinklers should be mandatory in certain types of buildings, maybe commercial premises, maybe HMOs?

  Mr Raynsford: We are just coming to the end of a very detailed research programme relating to sprinklers in residential properties. I referred to the work we did earlier on sprinklers in commercial premises where we made a very significant change in the standards just three years ago and we are now completing the research because there needs to be an evidence base for work in this because there are some quite difficult technical issues which must be taken on board before decisions are taken. We certainly see potential contributions sprinklers can make for fire prevention and suppression in a number of circumstances. We want those decisions to be evidence based and we have already announced that there will be a review of Part B of the Building Regulations next year and that will allow that work to be taken forward.

  Q433  Mr Betts: So any change is going to come as a part of that process rather than as part of the Housing Bill which might be coming in the next parliamentary session?

  Mr Raynsford: The Housing Bill, which may or may not be coming, will include provisions for the new housing health and safety rating system to replace the previous standards and that may well have some sort of bearing on this, but it is the Building Regulations that are the critical issue in relation to requirements for the installation of sprinklers.

  Q434  Chairman: But would you not agree that it would be very foolish for anyone putting up new accommodation for the elderly or for people with learning difficulties not to have sprinklers in them because they would make a huge difference to the safety of the people in those buildings?

  Mr Raynsford: As I said, I think any decision on sprinklers must be taken on a proper evidence base and I did mention some of the complexities. One of the complexities is ensuring that the water supply is provided in a way that does not expose people to the risk of, for example, legionnaires disease if there was an inadequately maintained supply of water feeding through a sprinkler system. That is a genuine anxiety which has been raised and obviously if you are talking about a population of elderly people, there is particular risk there, so there are technical issues which must be addressed. Those are being looked at at the moment through the research programme and we expect to be taking decisions in the coming year in the light of that evidence, but I accept entirely that there is a potential role for sprinklers in certain circumstances and you have highlighted some circumstances where that might be appropriate and there are almost certainly others. I am conscious of the number of arson attacks on schools where very considerable damage has been caused. I am told that the cost of the installation of a sprinkler system could probably be recovered in something less than five years or around five years as a result of reduced insurance premiums. That is clearly a factor which needs to be taken into account and we need to talk to and are already talking to our colleagues in DfES about this issue, but a lot of these issues are being considered and we are going to be making progress, I hope.

  Q435  Chairman: When?

  Mr Raynsford: I said next year is the year when we are initiating this review of Part B of the Building Regulations.

  Q436  Chairman: Yes, that is the review, but when are they actually going to be in operation, the new Regulations?

  Mr Raynsford: Well, all of these matters have to go through a process. There has to be firstly a consideration by the relevant Building Regulations advisory professional group, there often has to be a regulation impact assessment because if there is a new regulatory burden being imposed, that is required. We then have to consider the evidence that comes through that process and then take a decision. I am keen that we make good, quick progress, but I do not want to short-circuit the proper way of taking decisions on these issues.

  Q437  Christine Russell: Minister, the Bain Review quite clearly emphasised that the Fire Service should have specific responsibilities, but then if you read the White Paper, it seems to be much vaguer and says that the future of the Fire Service is to have a role that encompasses everything from environmental disasters through to cats stuck up trees. Do you think there is a need for perhaps a little bit more definition and clarity as to exactly what the role of the Fire Service is going to be in the future?

  Mr Raynsford: Well, our proposals set out in the White Paper and indeed proposals which will inform legislation if we are able to introduce legislation in the next session are very much based on the recommendations of the Bain Report and Sir George himself recognises that we have followed very closely his recommendations and he is clearly very pleased by that. There are issues in terms of borderline definitions and, if I can say so, this cats up trees issue does tend to feature rather prominently when in reality it is a tiny, tiny, micro proportion of any work of the Fire and Rescue Service. Animal rescue does feature, but predominantly this is rescuing cattle caught by flooding and other circumstances like that, not just the odd domestic pet up a tree. Our approach is to modernise the definition so that it is no longer based just on a duty in relation to fire and otherwise discretionary powers in relation to other emergencies, such as road traffic accidents and terrorist attacks which we know fire authorities are already engaged in preparations for dealing with, but which is not properly reflected in legislation, so we want the new legislation to reflect today's realities and we are proposing that that remit should follow very closely the recommendations of the Bain Review.

  Q438  Christine Russell: Can I ask about charging because the White Paper seems to be a bit vague about charging. Nowadays people have to pay for their Building Regs permission, they have to pay for their licensing, but I wonder if they have to pay for advice for fire prevention.

  Mr Raynsford: Well, this is one of the very few areas where we probably have not fully gone along with the Bain Review recommendations. Bain suggested that there was scope for a very substantial increase in revenue through charging. There are complex issues here and there are risks of deterring people from taking necessary safety measures if they decide that the cost is prohibitive and our wish is that each fire authority should consider carefully where there is a genuine and legitimate case for a charge that will not inhibit action to improve fire safety, but not pursue charging schemes that might have an adverse impact on that more important, wider objective.

  Q439  Christine Russell: Will that lead to inconsistencies though if each individual fire authority is doing that? Should there not be some general guidance from your Department as to what is permissible to charge for?

  Mr Raynsford: There are already quite significant differences between fire authorities. We want those issues to be explored in a more rigorous way. We want fire authorities to learn from the experience of their neighbours and other fire authorities and we do want this to develop in a pragmatic way in which the scope for charges is not removed or prevented, but where our primary objective remains on preventing fires and that there are not any artificial changes introduced that could inhibit that objective.


 
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