We
have heard that the Partial Regulatory Impact Assessment does
not present an accurate picture of the impact of the draft Bill.
We recommend that the Regulatory Impact Assessment (Local Responders)
be redrafted in order to address the concerns voiced by business
and to ensure that it meets the rigorous requirements of Better
Policy Making: A Guide to Regulatory Impact Assessment. It
needs to set out in much more detail, with supporting evidence,
the costs and benefits of the options and to review the options
comprehensively in the light of the regulations to Part 1, which
are now due to published with the Bill.[290]
(paragraph 218)
311. We recommend that the definitive
version of the Bill should contain, in the explanatory notes,
a detailed analysis of the current and projected costs of providing
the emergency planning service. (paragraph 222)
312. We recommend that in future
all enabling Bills published in draft should be accompanied by
a comprehensive set of draft secondary legislation, to form the
basis of an analysis of the financial and public service manpower
effects of the proposed legislation. In the case of this Bill
we recommend that both Houses only consider it if the explanatory
notes published with the Civil Contingencies Bill contain a clear
statement of the effects on financial and public service manpower
and the explanatory notes address the shortcomings we have identified.
(paragraph 226)
313. The
Government's consultation process was seriously flawed by the
absence of draft regulations, making it impossible for Responders
to estimate the costs of the proposals in Part 1 the Bill. In
these circumstances we recommend that the Cabinet Office, once
it has revised its analysis of costs as suggested above, should
publish at the conclusion of the Spending Review 2004 the resources
the Government has agreed to implement the Bill fully and effectively.
(paragraph 228)
314. The
Government proposes that funding for local contingency planning
should be moved from a specific grant - Civil Defence Grant -
to general grant, currently Revenue Support Grant. We
recommend, at the very least, that serious consideration be given
to the introduction of transitional arrangements, for example
a temporary ring fencing of existing grant levels until such time
as the new legislation beds down, appropriate infrastructures
are established, and new funding streams identified. Alternatively,
the Government should consider delaying the abolition of Civil
Defence Grant for at least two years after the new arrangements
commence to ensure that planning for and implementation of the
provisions at Part 1 of the Bill are adequately resourced. (paragraph
233)
315. As
well as local arrangements for civil protection, the Government
intends "to generate a resilience culture at the local level"
and to require local authorities to promote business continuity
management within their areas. We
recommend that the principal elements of the proposed business
continuity management service be set out in detail in the explanatory
notes published with the Civil Contingencies Bill. It should include
a business plan for the operation of the service in a typical
local authority. (paragraph 237)
316. We recommend that the Government
produces a revised and expanded Regulatory Impact Assessment of
the emergency powers at Part 2 of the draft Bill. (paragraph 240)
317. A review
of the Bellwin Scheme was conducted in 2001, following which the
Government concluded that a change to the statutory basis of the
Scheme would not be appropriate.[291]
We would recommend that the
Government, when it comes to finalise the Bill and its supporting
documentation, explains the part which the Bellwin scheme plays
in resilience and how it fits within the new framework. (paragraph
244)
Audit and Management
318. The Government has considered establishing a
new mechanism for performance management, possibly through an
inspectorate, but believes that the use of existing mechanisms
will achieve its aims of ensuring consistency of performance and
bringing civil protection into the mainstream. Because of the
importance of ensuring public confidence in the system, we recommend
that the Cabinet Office examines the feasibility of a dedicated
inspectorate to oversee performance management of civil protection
activity, to ensure operational effectiveness and financial efficiency.
Such a dedicated inspectorate
might be based within a Civil Contingencies Agency. (paragraph
250)
319. In
his evidence, the Minister in charge of the Bill firmly rejected
the concept of an "Emergencies" super Ministry, along
the lines of the Department for Homeland Security in the United
States. We recommend that
the Government gives careful consideration to the establishment
of a Civil Contingencies Agency which, like other Agencies, would
have both advisory and supervisory responsibilities. (paragraph
260)
The Regional Tier
320. We recommend that:
- Part 1 of
the Bill should clarify the respective planning responsibilities
of the local authorities and the regional tier, and include a
statutory duty for civil protection at the regional level.
- The regional tier should be
simplified in terms of structure.
- The chain of command and communication
between national and regional tiers needs to be clarified, and
linked to the proposed Civil Contingency Agency.
- Part 2 of the Bill should include
the flexibility to proclaim emergencies in geographical rather
than administrative areas in circumstances which so dictate. (paragraph
270)
287 Memorandum from the House of Lords Select Committee
on the Constitution, Appendix 1. Back
288
Memorandum from David Bonner, Ev 178, para 15. Back
289
Consultation Document, chapter 2, para 7, p 13. Back
290
Q 237, Mr Alexander (Minister of State, Cabinet Office). Back
291
Questions for the Bill Team, Appendix 9, question 47. Back