Joint Committee on Draft Civil Contingencies Bill - First Report
Here you can browse the report together with the Proceedings of the Committee. The published report was ordered by the House of Lords and the House of Commons to be printed 11 November 2003.
CONTENTS
Terms of Reference
Report
1 Introduction and Summary
The Purpose of the Bill
Definitions of Emergency
Category 1 and 2 Responders
Human Rights
Constitutional Issues
Funding
Audit and Management
The Regional Tier
2 Definitions of Emergency
Background
Use of same definition in both Parts
Breadth of definition
"Triple lock"
Emergency as the 'threat to human welfare'
Political, administrative or economic stability
Educational Services
Issues of ambiguity
Seriousness of "a threat"
Meaning of "serious"
Meaning of "stability"
Open-ended definition
Overlapping Responsibilities
Public functions
Threat to environment
3 Category 1 and 2 Responders
Background
Local flexibility
Central and regional tiers
Local government arrangements
Fire and Civil Defence Authorities (FCDAs)
NHS
Utilities
Voluntary sector
Nuclear and chemical sites
Private sector industries
4 Human Rights Issues
Background constitutional principles
Relevant provisions of the Bill to be examined
Treating secondary legislation as an Act
of Parliament
Protections for human rights currently mentioned
within the Bill
Protections for non-derogable human rights
not currently mentioned in the Bill
Protections for other derogable human rights
not currently mentioned in the Bill
Derogation and the Bill
Interference with property rights without
compensation
Creation of criminal offences
5 Constitutional Matters
Possible constitutional issues
Power to amend all Acts of Parliament
Parliamentary approval of declaration of
emergency
Regulations under Part 1
Publication of emergency regulations
Effects of making regulations which have
the legal status of Acts of Parliament
Expiry and renewal
The exclusion of the Crown under clause 19
6 Resource Implications
Background
Local contingency planning: costs to business,
voluntary organisations and charities
Local contingency planning: costs to local
authorities
Local contingency planning: grant funding
arrangements
Business continuity management
Emergency powers
Bellwin scheme
7 Audit and Management
Audit
Crisis Management
Lead Government Department
An Advisory Agency
8 The Regional Tier
Background
The Bill's Provisions
Other Concerns
9 Summary of Recommendations
Definition of Emergency
Category 1 and 2 Responders
Human Rights Issues
Constitutional Matters
Resource Implications
Audit and Management
The Regional Tier
Appendix 1: Memorandum from the House of
Lords Select Committee on the Constitution
Appendix 2: Memorandum from the House of
Commons Transport Committee
Appendix 3: Memorandum from the House of
Lords Select Committee on Delegated Powers and Regulatory Reform
Appendix 4: Note by Dr James Broderick, Specialist
Adviser to the Committee
Appendix 5: Note by Professor Clive Walker,
Specialist Adviser to the Committee
Appendix 6: Note by Professor Clive Walker,
Specialist Adviser to the Committee - The Resilience of the Crown
Appendix 7: Note by Mr Garth Whitty, Specialist
Adviser to the Committee
Appendix 8: Note by Mr Garth Whitty, Specialist
Adviser to the Committee - Military Support
Appendix 9: Questions for the Bill Team
Annex A
Annex B
Annex C
Annex D
Appendix 10: Note by Jennifer Smookler, Committee
Specialist - Summary of Responses from Category 1 and 2 Responders
Appendix 11: Summary of Amendments Suggested
by Respondents to the Government's Consultation Exercise
Appendix 12: Note by Christopher Barclay,
House of Commons Library - Legal Challenges to Emergency Powers
Formal Minutes
Witnesses
List of written evidence
ORAL EVIDENCE
Tuesday 9 September 2003, 10.15am
Tuesday 9 September 2003, 4.35pm
Tuesday 16 September 2003, 9.35am
Tuesday 16 September 2003, 4.35pm
Thursday 16 October 2003, 3.35pm
Tuesday 21 October 2003, 4.05pm
WRITTEN EVIDENCE
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