Written evidence submitted by The Fire
Brigades Union
1. The Fire Brigades Union (FBU) represents
44,000 committed professionals in Fire and Rescue Services across
the UK. We are the most significant and representative stakeholder
in the sector and we bring an important perspective to policy.
EXECUTIVE SUMMARY
2. Fire and Rescue Services should have
a statutory duty to respond to flooding, as recommended by the
Pitt Review. Firefighters need appropriate training and equipment
to maintain a resilient response to the increased risk of flooding.
Which of the key issues covered by the consultation
into the draft Flood and Water Management Bill and by the Walker
and Cave reviews should be taken forward as legislative priorities
3. For the Fire Brigades Union, the main
issue omitted from the Flood and Water Management Act, is the
failure to implement Recommendation 39 from the Pitt Review. This
stated: "The Government should urgently put in place a
fully funded national capability for flood rescue, with Fire and
Rescue Authorities playing a leading role, underpinned as necessary
by a statutory duty". (Pitt Review 2008 p.190)
4. The term Pitt used was "as"
necessary, not "if". Pitt wanted clarity on legal responsibilities.
He was aware that a statutory duty to respond to flooding was
already in place for Fire and Rescue Services in Scotland. He
was also aware that other bodies had a statutory duty to respond
to water incidents—for example on inland waterways. Pitt
was clear that a statutory duty on all Fire and Rescue Services
to respond to flooding would complement rather than cut across
existing duties.
5. Pitt also regarded a new statutory duty
on Fire and Rescue Authorities as the "best means" to
achieve the desired outcomes. Pitt argued: "a matter of
the fundamental principles underpinning this Review… is to
give clear and unambiguous direction—giving certainty where
there is doubt—that the systems currently in place, or those
otherwise proposed, will provide the desired outcome. We must
be clear about who does what to ensure that people and organisations
are held to account, structures are simple and outcomes are more
certain.". (§11.88, p.189-90) He added: "the
Review strongly believes that a statutory duty is the best means
to achieve these outcomes. Whilst it is conceivable that non-statutory
approaches, such as those proposed by the CFRA [Ken Knight], might
work, such approaches do not provide the certainty the public
expect and the Review believes is needed. ". (§11.89,
p.190)
6. The last Government decided not to implement
this recommendation, arguing that legal provision is already in
place. That is simply false. The Fire and Rescue Services Act
2004 gave Fire and Rescue Authorities the power to respond to
"other eventualities"—those other than fires and
road traffic accidents (Section 11). However major flooding is
not specified as a "core" function of Fire and Rescue
Authorities. The last Government had an opportunity to use this
power with regard to flooding, but opted not to do so. The Fire
and Rescue Services (Emergencies) Order 2007 did not include major
flooding, despite indications during the consultation process
that it would be included. The Civil Contingencies Act 2004 placed
duties on Fire and Rescue Authorities with respect to emergencies.
The duties include assessing the risks of emergencies and planning
to prevent the emergency and to reduce, control or mitigate its
effects. However flooding is not specified in the Act nor has
it been addressed by means of an order issued under Section 9
of the Act which would be the most straightforward way to address
this matter.
7. The FBU and many others in the Fire and
Rescue Service (including the Chief Officers' body, CFOA) believe
that the law is incoherent. The coroner, at the inquest into the
death of Mike Barnett during the 2007 floods in Hull, identified
the gap in rescue provision. Fire and Rescue Authorities have
to plan for floods and have the power to respond but they do not
have a duty to respond as the law is currently written. Defra/UKCP
data published in 2009 indicates that there is an increased risk
of flooding due to climate change. We therefore urge the Committee
to revisit the issue and assist the Government in closing this
loophole.
Which further policies are required to ensure
flood and water management delivers optimum social, economic and
environmental outcomes.
8. Huw Irranca-Davies, the Defra minister
responsible in the last Government, stated during the Commons
debate (2 February 2010) on the Flood and Water Management Bill
that the Government had put in place a "fully funded national
capability for flood rescue". He further stated. "In
the current spending review, we have made available up to £2
million to enhance our flood rescue capability.". (Hansard
505, 35, Col 225)
9. Paul Hayden, the then Chief Fire Officer
heading up the Defra Flood Rescue National Enhancement Project
(FRNEP) told the FBU that so far "none" of that money
has been spent on Firefighter training or personal protective
equipment. Hayden said the money "had never been a Fire
and Rescue Service resource" and that it is possible
"that the entire amount could be spent on bringing voluntary
sector teams up to a standard". He also stated that "there
are fewer assets now than at the time of the 2007 floods".
He told the FBU that a self-assessment exercise in 2007 registered
75 teams, including Fire and Rescue Service crews, competent to
provide national mutual aid in the event of major flooding but
after a more stringent look at the organisations available, today
there were "a couple fewer, and no more" than that number.
(Firefighter magazine, March 2010)
10. Some money, raised from local taxation,
has been spent on equipment and centrally provided high volume
pumps have proved of value during major flooding. However the
FBU believes that the necessary central funds have not been forthcoming
for Firefighters' training, PPE and welfare. The FBU believes
that individual Fire and Rescue Authorities, already faced with
huge pressures from Central Government to make cutbacks, are not
prioritising work that does not have a secure statutory footing.
Without a statutory duty, it would be possible for individual
Fire and Rescue Authorities to mothball, dispose of or downgrade
the use of vital assets such as boats, hovercraft and other specialist
equipment, on financial grounds.
1 October 2010
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