3 Government structures
The Civil Contingencies Act 2004
26. The key legislation governing how the UK deals
with emergencies is the Civil Contingencies Act 2004. The Act
was designed to create a modern civil defence framework and respond
to criticisms that Britain's emergency services lacked the capabilities
and resources to cope with a major terrorist attack.[25]
The Act, together with its supporting statutory and non-statutory
guidance, provides the framework for civil protection activity
by local emergency planners and responders across the country.
27. The Civil Contingencies Act defines an emergency
as:
- an event or situation which
threatens serious damage to human welfare in a place in the United
Kingdom;
- an event or situation which threatens serious
damage to the environment of a place in the United Kingdom; or
- war, or terrorism, which threatens serious damage
to the security of the United Kingdom.[26]
28. The Act divides emergency responders into two
categories and imposes different sets of duties upon them. Category
1 responders are those organisations at the core of the response
to most emergencies (for example, the emergency services, local
authorities and NHS bodies). They are subject to the full set
of civil protection duties and are required to:
- assess the risk of emergencies
occurring and use this to inform contingency planning;
- put in place emergency plans and business continuity
management arrangements;
- put in place arrangements to make information
available to the public about civil protection matters and maintain
arrangements to warn, inform and advise the public in the event
of an emergency;
- share information and cooperate with other local
responders to enhance coordination and efficiency; and
- provide advice and assistance to businesses and
voluntary organisations about business continuity management (local
authorities only).[27]
29. Category 2 responders (for example, the Health
and Safety Executive, transport and utility companies) are "co-operating
bodies". They are less likely to be involved in the heart
of planning work but will be heavily involved in incidents that
affect their sector. Category 2 responders have a lesser set of
duties and are mainly required to cooperate and share relevant
information with other Category 1 and 2 responders.[28]
30. The management of the risks of civil emergencies
in the UK is coordinated by the Cabinet Office, working in partnership
with other Government Departments and the Devolved Administrations.
Responding to Emergencies
31. The Responding to Emergencies: The UK Central
Government Response: Concept of Operations (Conops) guidance
sets out the guiding principles and a framework for emergency
management.[29]
The Conops guidance categorises emergencies into three types:
32. The swine flu pandemic and volcanic ash disruption
were classed as level 2 emergencies, requiring a central Government
response.
COBR
33. In the event of a level 2 or 3 emergency, the
central response framework would be initiated and would involve
the activation of Central Government's crisis management facilities—the
Cabinet Office Briefing Rooms (COBR). COBR should facilitate rapid
coordination of the Central Government response and effective
decision-making.[31]
Named after a physical meeting place, COBR is a forum of Ministers
and senior officials from relevant Departments and agencies, brought
together to make decisions on an emergency response. External
representatives and experts are invited to attend COBR meetings
as appropriate; discussions are confidential.
34. During an emergency, one of two senior decision-making
bodies within COBR—the Strategy Group or Civil Contingencies
Committee—will usually be activated. The Strategy Group
discusses the response to terrorist-related emergencies. For civil
(non-terrorist) emergencies, the Civil Contingencies Committee
(CCC) will meet. On rare occasions, both the Strategy Group and
CCC could meet to consider different aspects of the same emergency.
When it is considering civil emergencies, COBR is supported by
the Civil Contingencies Secretariat (CCS) of the Cabinet Office.
LEAD GOVERNMENT DEPARTMENTS
35. The Government comprises 19 central Departments
and numerous agencies with varying levels of independence from
direct ministerial control. In an emergency where a central response
is required, a Lead Government Department (LGDs) is appointed.
The Cabinet Office maintains a list of LGDs that sets out where
the lead should lie in both the response and recovery phases for
a wide range of emergencies. Where the UK Government lead is unclear,
it is the responsibility of the Cabinet Office to make a judgement
and advise the Prime Minister's Office on the most appropriate
LGD.[32] The LGD is responsible
for ensuring that appropriate plans exist to manage the emergency,
for ensuring that adequate resources are available and for leading
on public and parliamentary handling. LGDs are also responsible
for ensuring they have effective arrangements to access scientific
and technical advice in a timely fashion in an emergency.[33]
This may involve establishing a Science Advisory Group for Emergencies
(SAGE). The SAGEs set up during the swine flu pandemic and volcanic
ash emergency were a key focus of our inquiry and are explored
in more detail in chapter 6 (Scientific advice and emergency response).
36. When we asked Rt Hon Baroness Neville-Jones,
the Minister for Security, how the Cabinet Office chooses a LGD,
she explained:
Normally, it is not difficult to see to which Government
Department the lead should fall. Most topics present themselves
with an obvious answer. If it doesn't, [...] then the Cabinet
Office will act and it will draw in the Government Departments
that are needed to be there in order to handle whatever crisis
it is. What we don't intend to do is to end up with the Cabinet
Office becoming departmentally responsible.[34]
37. Baroness Neville-Jones explained that the appointment
of a LGD "will depend, to some extent, on the analysis of
the factors that go into your assessment of likelihood, impact
and, therefore, risk, and the nature of those risks".[35]
While this is reasonable in itself, it is unclear how a LGD is
identified if an emergency occurs when there has been no prior
risk assessment or allocation of responsibility to a LGD—this
was the case for the volcanic ash disruption.
38. We consider
that, more important than having a list of pre-identified LGDs,
it is essential to have a flexible and fast mechanism to ensure
that the most appropriate LGD is appointed. One of the Cabinet
Office's first tasks in an emergency should be to review whether
the pre-identified choice is most appropriate. During a long-running
crisis where the emergency evolves and the focus of the response
may change (for example, from the initial response to recovery
phase), COBR should review the lead periodically.
39. We recommend
that, in responding to this report, the Cabinet Office clarify
how it makes the decision to appoint the first LGD if one has
not been pre-identified.
40. One of our case studies, space weather, covers
a risk that is currently being assessed by Government for the
National Risk Assessment and National Risk Register. A LGD is
yet to be appointed. A severe space weather event could have impacts
cutting across Departments' responsibilities, and therefore coordination
is important in preparation for a potential emergency. We note
with concern that the Royal Academy of Engineering has stated
"there is little indication of any coordination across Government"[36]
and the Royal Astronomical Society told us that:
The major obstacle to provision of reliable, timely
scientific advice and evidence has been the fragmentary nature
of governmental activity in this area. Indeed, the past experience
of the expert community has been that of "pass the parcel",
i.e. when a particular body is asked, the responsibility always
lies elsewhere.[37]
41. Others suggested that the new UK Space Agency
could have a significant role in providing leadership. For example,
Research Councils UK pointed out that "the establishment
of the UK Space Agency could have significant bearing over the
direction of the UK's strategic investment in space weather preparedness
and related areas".[38]
42. We recommend
that a LGD/LGDs for a space weather emergency be identified alongside
the publication of the 2011 National Risk Register.
The scientific advisory system
43. In order to draw upon scientific expertise in
general, the Government takes advice from a range of sources.
The scientific advisory system includes:
- Scientific Advisory Committees
or Councils (SACs) that are committees of experts independent
of Government who are tasked with advising Departments, Ministers,
Chief Scientific Advisers, or, in the case of the Council for
Science and Technology, the Prime Minister;
- Chief Scientific Advisers (CSAs)
who are usually eminent scientists or engineers employed by Government
on fixed terms, whose job is to ensure that science and engineering
underpin policy decisions in their Department; and
- the Government Chief Scientific Adviser (GCSA)
who is a senior scientist heading the Government Office for Science
(GO Science) and advises the Prime Minister and the Cabinet. The
GCSA is responsible for the network of CSAs and for SACs.
44. There are now over 60 SACs. The current GCSA,
Professor Sir John Beddington, and his predecessor, Professor
Sir David King, have ensured that there is a Chief Scientific
Adviser in almost every Government Department. The only exception
is the Treasury, which we consider to be anomalous.
SAGE
45. A Scientific Advisory Group for Emergencies (SAGE)
is the main mechanism for channelling scientific advice to Government
in an emergency. A SAGE's composition depends on the nature of
the emergency, drawing in experts from Government, agencies, academia
and industry as necessary. In all level 1 and most level 2 emergencies,
decisions on activating a SAGE would be taken by the LGD, which
would also appoint the chair. In the most complex level 2 and
in all level 3 emergencies, decisions on activating a SAGE would
be taken by the Cabinet Office in consultation with the Government
Office for Science and the LGD.[39]
The GCSA chairs or co-chairs SAGE, and should play a key role
in ensuring that the composition of the group is appropriate.
We examine SAGE in more detail in chapter 6.
25 "Civil Contingencies Act 2004", The
Guardian, 19 January 2009, www.guardian.co.uk Back
26
Civil Contingencies Act 2004, section 1 Back
27
"Civil Contingencies Act", Cabinet Office: UK Resilience,
updated 17 January 2011, www.cabinetoffice.gov.uk/resilience Back
28
"Civil Contingencies Act", Cabinet Office: UK Resilience,
updated 17 January 2011, www.cabinetoffice.gov.uk/resilience Back
29
Cabinet Office, Responding to Emergencies: The UK Central Government
Response: Concept of Operations, March 2010 Back
30
Cabinet Office, Responding to Emergencies: The UK Central Government
Response: Concept of Operations, March 2010, p 68; GO is an
acronym for Government Office in the region. Back
31
Cabinet Office, Responding to Emergencies: The UK Central Government
Response: Concept of Operations, March 2010, para 2.2 Back
32
Cabinet Office, Responding to Emergencies: The UK Central Government
Response: Concept of Operations, March 2010, para 2.10 Back
33
HM Government, Guidance on emergency response and recovery,
April 2010, para 13.4.3 Back
34
Q 392 Back
35
As above Back
36
Ev 148, para 4 Back
37
Ev 113, para 32 Back
38
Ev 128, para 71 Back
39
Cabinet Office, Responding to Emergencies: The UK Central Government
Response: Concept of Operations, March 2010, para 3.44 Back
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