Memorandum by the Local Government Association
(LGA) Fire and Rescue Authorities (DRA 69)
EXECUTIVE SUMMARY
This submission relates to the proposals in
the draft Bill for the establishment of a regional Fire and Rescue
Service (Sections 85-86). The submission outlines the background
to the development of the Fire and Rescue Service since its inception
in 1947 highlighting the fact that no clear strategic direction
by Government has ever been given to the service in terms of constitution,
organisation, structure and funding and therefore we have inconsistent
models which exist in seven differing formats in England, Wales
and Northern Ireland.
The submission also outlines the requirements
and concerns in relation to the creation of a Regional Fire and
Rescue Service that are held and that must be addressed if an
environment can be created within which a regional service will
provide the necessary effectiveness, efficiency and economy, for
the local communities concerned.
The submission does raise concerns that the
"one dimensional" approach currently proposed will not
be fit for purpose in all areas of the country. It also argues
that a Regional Assembly should have the flexibility to consider
issues surrounding capacity, capability, viability, geographical
nature and the risk needs of the region as a whole, deciding an
appropriate Fire Authority structure for individual Regions.
The submission does raise some doubts regarding
the continual reference and comparison with the London Fire and
Emergency Planning Authority model, as a model for use in the
Regions. Comparisons with London are fraught with difficulties
as the environment, political and business needs are very different.
If we move to the establishment of a Regional
Fire and Rescue Service in the North East, the opportunity should
be taken to develop a full business case to demonstrate or otherwise
if there are real and tangible efficiency savings from the creation
of a Regionally based service.
However, it is vital to emphasise that the establishment
of a Regional Fire and Rescue Service is not the only option for
the delivery of the fire service. The decision must be dictated
by local circumstances.
The LGA has always argued that voluntary regional
collaboration is more effective in delivering service improvements
than regionalisation and where voluntary regional arrangements
can be proven to deliver then they should continue to exist. There
is no reason why a Regional Fire and Rescue Authority will be
more effective than the continuation of the existing individual
fire and rescue authorities within the regional structure, unless
a thorough business case proves otherwise
The creation of a Regional Fire and Rescue Authority,
as recommended in the draft regional assemblies' bill, removes
the responsibility for fire provision from the local authority.
However, the Government have previously stated that the Bill would
not generally remove powers from local authorities.
Submission to ODPM
SELECTED COMMITTEE ON REGIONAL ASSEMBLIES
BILL
1. INTRODUCTION
1.1 The Government's White Paper "Our
Fire and Rescue Service" clearly sets in context the Government's
aspirations and expectations for its Fire and Rescue Service (F&RS).
The intentions in the White Paper are set within the overriding
aim of saving lives, reducing injuries and the incidence of fire
and other emergencies through improved and effective action to
reduce the risk to society by ensuring that the F&RS is prepared,
equipment and resourced to respond to the many challenges it faces.
1.2 The Government have also recently published
the Fire and Rescue Service National Framework 2004-05 which is
given statutory status by the Fire and Rescue Services Act 2004.
The former provides a contractual basis between Fire Authorities
and Government whilst also providing a clear strategy to take
forward the service within a national, regional and local framework.
The latter provides the necessary and essential statutory basis
in which the agenda for the service is set within a much broader
context, giving statutory force to community safety and other
emergency functions.
1.3 Policy changes for the F&RS were
borne out of the Independent Review of the Service chaired by
Sir George Bain. This provided the impetus for the White Paper,
Fire and Rescue Services Act and the National Framework. All of
these policy documents make reference to the national, regional
and local risk needs with which the service must be prepared to
deal with. Indeed, they all recognise that the regional level
is the right operational level for many functions, in particular
securing the safety of the community in the event of a terrorist
attack or other major emergency. Importantly, improved efficient
and effective use of resources is secured through increased voluntary
collaboration and co-operation, which is to be managed by the
Regional Management Boards, established April 2004.
1.4 The LGA was tasked by Government to
provide policy direction and guidance to fire authorities in the
establishment of RMB's and to ensure the objectives detailed in
the National Framework were achieved.
1.5 The key issues that RMB's should be
responsible for at a regional level are:
— Integrate Common and Specialist Services
eg fire investigation;
— establish effective resilience plans
for large scale emergencies;
— introduce regional personal and human
resource functions;
— develop regional approach to training;
— establish Regional Control Centres;
and
— introduce regional procurement within
a national framework.
These key policy issues are seen as areas in
which greater collaboration and co-operation would lead to improvements
in service provision and economies of scale.
The recent Audit Commission verification has
proved that RMBs are working effectively to deliver the six strategic
areas set out by the ODPM, and are in particular, progressing
in preparations for civil contingency planning and the creation
of regional control centres.
1.6 The Government is leading a number of
national projects which link with the work of the RMB's, these
include:
— New Dimension (Terrorist/CBRN events);
— National and Regional Resilience
(link to New Dimension);
— Regional Fire Controls; and
Achievement of the key issues (detailed in 1.5
above) and the delivery of the major projects (detailed in 1.6
above) by Government, in liaison with RMB's will lead to regional
working arrangements being constituted, organised and funded by
separate and distinct fire authorities. It is clear though, that
the Government sees RMBs as providing an appropriate regional
tier prior to the creation of Regional Fire Authorities in those
areas where an Elected Regional Assembly is supported and established.
1.7 The Government through the LGA is to
monitor the performance and progress being made by RMB's. They
will ask for a further report on progress in each region in Autumn
2004. If the needs of public safety require urgent action—or
audit evidence from fire CPA demonstrates a failure to achieve
economy, efficiency and effectiveness—the Government will
consider the use of its statutory powers to combine fire and rescue
authorities and impose regional management structures. The Government
recognises that some of the detail in RMB plans depends on the
development of its own further guidance on the six White Paper
key issues.
1.8 The debate on regionalisation of the
Fire and Rescue Service has been on and off the agenda for over
30 years without ever reaching a final resolution. Even now, despite
the advent of RMB's and the draft regional assemblies bill, there
is not a definite clearly defined policy position for Fire and
Rescue Authorities to follow. It is worthy of note, that over
the years, various enquiries and reports have considered regionalisation
and the benefits in economies of scale that it would bring to
the Service, these include:
— Report of the Departmental Committee
on the Fire Service—Sir Ronald Holroyd—May 1970.
— Report of the Cunningham Inquiry
into the work of The Fire Service—Sir Charles Cunningham—November
1971.
— The Burning Question—Michael
Simmonds—Adam Smith Institute 1989.
— In the Line of Fire—VFM in
the Fire Service—Audit Commission 1995.
— Out of the Line of Fire—Home
Office—July 1998.
— Working Together—An Examination
of Options for Collaboration and re-organisation in the Fire Service—Home
Office 1997.
— The Independent Review of the Fire
Service—The Future of the Fire Service, Reducing Risk, Saving
Lives, Sir George Bain—December 2002.
— White Paper—Our Fire and Rescue
Service—June 2003.
— The Fire and Rescue Service National
Framework 2004-05—July 2004.
— The Fire and Rescue Services Act—July
2004.
— Draft Regional Assemblies Bill—July
2004.
The Fire and Rescue Service needs to be given
a clear and unambiguous message from Government as to where its
future lies specifically in terms of structure, governance and
organisation if it is to be able to provide effective, efficient,
economic and resilient services to our communities. This will
also particularly apply if we end up in a situation where we have
a "mixture" of Regional and Local Fire Authorities and
the relationship between Local and Regional provision of services
has not been clarified.
2. REGIONALISATION
OF FIRE
AND RESCUE
SERVICES—ISSUES
FOR CONSIDERATION
2.1 The draft regional Assemblies Bill facilitates
the expectations of Government in the White Paper "Our Fire
and Rescue Service" and the Fire and Rescue Service National
Framework 2004-05 in establishing a Regional Fire and Rescue Authority
in those areas where an elected Regional Assembly is supported.
As the only referendum to be held, at this stage,
is the North East of England, this is the only area where a Regional
Fire and Rescue Authority is potentially achievable in the short
term, unless in other areas voluntary combination scheme opportunities
are taken by fire authorities working together.
2.2 Fire Authorities in the North East have
been particularly proactive in working together and had already
agreed, in principle, to the creation of a Regional Fire and Rescue
Service due to the geographical, environment, political and professional
nature of the area and indeed whilst they have been successful
in terms of collaboration and co-operation, they have recognised
that the full political and economies of scale can only be attained
by the creation of a Regional Service. The question for the North
East is what view will Fire Authorities take if there is a "no"
vote to an elected Regional Assembly; will they continue to pursue
a voluntary combination scheme and how will Government provide
direction to the Fire and Rescue Service and its future structure
and organisation in these circumstances.
2.3 It has to be recognised that the shape
of a Regional Fire and Rescue Service must fit with the geographical,
environmental and risk needs of particular areas of a region.
Clearly, there are significant differences between the North East,
North West, South East, South West etc and of course with the
London Fire and Emergency Planning Authority. Many of the regions
encompass a diverse range of economic and social issues, for example
the South East; where the work of authorities varies dramatically
from one area to the other, in some cases, it may not be practicable
or desirable to create a regional authority.
2.4 In moving forward in a positive framework,
if the Fire and Rescue Service is to be constituted as a regional
entity, there are a number of issues which emerge from the draft
Bill which will need further consideration and definition as further
statutory guidance is developed and issued, these include:
— Constitution—the LGA
oppose the proposals in the draft Bill to constitute the Regional
Fire Authority on a 51/49% (proportionality) basis with members
being drawn from the elected assembly and the local authorities.
Councillors represent the needs of local people and ensure accountability
and transparency to the electorate.
Caution must also be heeded if the
government uses the LFEPA model as even then representatives from
local authorities may be making service provision decisions for
one authority area despite being elected to another.
Is there scope therefore to examine
other constitutional models and to examine closely whether or
not for example, the LFEPA model as against a Police Authority
model is the way forward or indeed if other models are more appropriate.
— Timetable—there are
issues around the provisional timetable for the establishment
of Elected Regional Assemblies (May 2007?) and where Fire Authorities
would fit. Clearly if the decision was taken to have in place
a shadow Fire and Rescue Authority by March 2006, with the Regional
Authority being fully operational from 1 April 2007, this would
integrate far more appropriately with other Government agenda's
ie Regional Control Rooms, Firelink, Regional Resilience etc.
Implementation and the timetable associated with the transition
to regional fire authorities needs further consideration.
— Transition—Taking the
North East as an example, there are presently differing types
of fire authority ie County Council, Combined Fire Authority (2)
and Fire and Civil Defence Authority. All with a differing statutory
basis, constitutions, functions and funding arrangements. As described
above, a shadow authority would need to be established in order
to deliver the new arrangements as effectively and efficiently
as possible.
— Funding—Presently, the
funding of each of the constituent authorities in whatever region
are different, as are their liabilities, pensions costs, property
assets, RSG/FSS, service provision levels and balances/reserves
etc. The methodology, processes and financial models by which
Regional Fire Authorities are to be funded, will need further
consideration and in particular, the impact on Council Tax payers
in terms of benefits and dis-benefits to local communities will
need clarification.
There will also be issues in relation
to the funding of any transitional arrangements as well as capital
investment in the establishment of regional facilities and resources,
although these may be offset by long term efficiency savings.
2.5 Progress in the North East in terms
of establishing a Regional Fire and Rescue Authority under an
Elected Regional Assembly will provide the opportunity for the
Government to "pilot" the concept and to monitor development
of the Regional framework, particularly in terms of economies
of scale. It must be remembered though, that each region is different
and the lessons learnt from the North East, although valuable,
may not be applicable in other areas.
3. CONCLUSIONS
3.1 The Government needs to consider whether
the approach "of one size fits all" in terms of aligning
the establishment of regional fire authorities with the boundaries
of the Government Offices throughout England is the right one.
They also need to consider that maintaining the current arrangements
will be the best possible solution to meet local needs.
The creation of a Regional Fire and Rescue Authority,
as recommended in the draft regional assemblies' bill, removes
the responsibility for fire provision from the local authority.
The government has asserted that the creation of regional structures
will bring powers down from government and not up from local authorities.
3.2 The Government needs to consider that
if there is an Elected Regional Assembly in the North East and
therefore a Regional Fire and Rescue Authority, how and if it
will develop this approach across the remainder of the country.
3.3 The Government needs to consider that
if there is a "no" vote in the North East to an Elected
Regional Assembly, what the approach will be taken to the establishment
of Regional Fire Authorities in general or indeed if voluntary
combination schemes were submitted, how these would be received
by the electorate and Government.
3.4 The Government will need to consider
that if a Regional Fire and Rescue Authority is to be established
in the North East region in the first instance, and perhaps in
other regions on a voluntary basis, how the issues raised in this
paper will be addressed, in particular:
— Structure, size and function.
— Constitution and organisation.
— Timetable for implementation.
— Transitional Arrangements.
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