Clause 1 - Meaning of ''emergency''
Civil Contingencies Bill
11:00 am
Mr Douglas Alexander (Chancellor of the Duchy of Lancaster, Cabinet Office; Paisley South, Labour)
We have had a wide-ranging discussion on the amendments and I shall endeavour to answer the range of points that have been put to me. Before I deal with each amendment, I should like to make a couple of points by way of context. First, on a number of occasions in this debate the suggestion has arisen that the amendments relate only to local authorities and to local government. It is of course the case that local authorities are not the only local responders to which these remarks are directed. Duties also apply to the police and to other emergency services, and therefore the element of the definition will apply to different organisations in different ways.
Let me begin by addressing the point in relation to electronic networks raised by the hon. Member for Sheffield, Hallam. With the forbearance of the Committee, I will read out a section of the Government's response to the Joint Committee on exactly the question raised, because I think it is closely linked with some broader points on some of the amendments that were covered. It states:
''Category 1 responders will have a duty to plan in relation to emergencies that are connected with the operation of the utilities, for example, plan for drought or for major loss of water, and possibly for major loss of electricity or telephone supply. However, the duty on Category 1 responders to maintain plans in relation to these emergencies will not duplicate or cut across the duties imposed on utilities as part of their regulatory or licensing regimes. The duty imposed by the Bill to maintain plans in relation to emergencies is not a duty to maintain plans to direct or manage each and every emergency. It is highly improbable that a Category 1 responder would plan to direct the details of a telecommunications recovery, for example. The duty to maintain plans under the Bill is linked to the exercise by the Category 1 responder of its functions. So the plan must ensure, so far as reasonably practicable, that if an emergency occurs the responder is able to continue to perform its functions or to ensure that the responder can perform its functions so far as necessary or desirable for the purpose of responding to the emergency. The functions of Category 1 responders do not include the operation and maintenance of the utilities, but they do have functions which may be engaged by a utility based emergency such as duties towards school pupils and elderly or disabled residents or nursing mothers and hospital patients and to ensure that streets remain open and traffic moving or traffic lights and street lights or fire alarm warning systems are in order. Thus while Category 1 responders and the utilities may be planning in relation to the same event, the content of the plans will be very different.''
I hope that addresses the point that the hon. Member for Sheffield, Hallam made.