Clause 2 - Power to create combined fire and rescue authorities

Fire and Rescue Services Bill

Public Bill Committees, 10 February 2004, 2:30 pm

Amendment proposed [this day]: No. 9, in

clause 2, page 2, line 12, leave out from 'area' to end of line 14.—[Mr. Hammond.]

Question again proposed, That the amendment be made.

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Mr Nicholas Winterton (Macclesfield, Conservative)

I remind the Committee that with this we are discussing the following amendments: No. 1, in

clause 2, page 2, line 14, at end insert—

'Subject to a review of the boundaries by the Boundary Committee for England which shall take place before April 2005.'.

No. 12, in

clause 2, page 2, line 39, leave out subsection (9).

No. 14, in

clause 2, page 3, line 1, leave out subsection (10).

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Mr Stephen McCabe (Birmingham, Hall Green, Labour)

Herein lies what we might describe as a continuity problem. I was suggesting before the interval that we were witnessing something fascinating. The benefit of a three-hour interval means that I have had an opportunity to reflect on my use of hyperbole. None the less, I was suggesting to the hon. Member for Teignbridge (Richard Younger-Ross) that we are witnessing something interesting in terms of his views, and those of his Liberal Democrat colleague the hon. Member for Southport (Dr. Pugh), on regional and localised participation. That is confused, because they do not differentiate between primary and secondary mandate in some situations.

The real point that I want to put to the hon. Member for Teignbridge is that the Bill is about modernising the fire and rescue services. Has he had letters from constituents saying that when they are in need of the service, they are concerned about the administrative organisation under which the service is provided? If so, how many? Surely we are trying to provide a modern fire service that is fit for use, effective and efficient. That is the meat of the Bill, and that is what the Committee should be concerned with.

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Mr Richard Younger-Ross (Shadow Minister, Office of the Deputy Prime Minister Local Government & the Regions; Teignbridge, Liberal Democrat)

I am glad that the hon. Member for Birmingham, Hall Green has had a good three hours to complete his intervention: it must go down as one of the longest interventions.

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Mr Nicholas Winterton (Macclesfield, Conservative)

Order. I am the judge of the length of interventions. I am sure that the hon. Gentleman was not showing any disrespect to the Chair.

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Mr Richard Younger-Ross (Shadow Minister, Office of the Deputy Prime Minister Local Government & the Regions; Teignbridge, Liberal Democrat)

Heaven forbid, Sir Nicholas.

My response will not be as long. The hon. Gentleman referred to regional policy and asked what concerns have been expressed to me. I cannot give him a count, but a number of concerns have been expressed to me. Even in the context of this debate, I have heard from constituents who are concerned about regionalisation, and a region that stretches all the way from Land's End almost to the west midlands.

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Mr Philip Hammond (Runnymede & Weybridge, Conservative)

It just occurs to me to ask the hon. Gentleman whether he thought it rather odd that the hon. Member for Birmingham, Hall Green was intervening in the way that he did in order to suggest that our constituents are not interested in the mechanisms behind public service delivery. I was going to invite the hon. Member for Teignbridge to ask the hon. Member for Birmingham, Hall Green why he thinks that so many of his colleagues felt compelled to vote against their own Government on the issue of foundation hospitals, which is surely an issue of the organisational structure—

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Mr Nicholas Winterton (Macclesfield, Conservative)

Order. I am extremely liberal, but I suggest that the hon. Gentleman does not respond to that question.

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Mr Richard Younger-Ross (Shadow Minister, Office of the Deputy Prime Minister Local Government & the Regions; Teignbridge, Liberal Democrat)

Thank you, Sir Nicholas. I hear exactly what you say and I shall follow your instructions.

The issues greatly concern my constituents. At lunchtime, I was dealing with an e-mail from a lady in Newton Abbot about regional assemblies. She thought that she had heard a BBC reporter saying that we already had regional assemblies, and I had to write back to her to say, ''I know that the Government can spin and move things fast, but even the ODPM cannot move that fast to create those bodies.'' There is a genuine concern on the matter.

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Mr Hugo Swire (East Devon, Conservative)

Just for the purposes of accuracy, with regard to the communications between the hon. Gentleman and his constituent, he should be aware that we do have a regional assembly but it is unelected: it sits in Taunton with 80 employees.

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Mr Richard Younger-Ross (Shadow Minister, Office of the Deputy Prime Minister Local Government & the Regions; Teignbridge, Liberal Democrat)

I am aware of the body that already exists, but my constituent thought that the reporter was referring to the elected regional assembly rather than what was the regional conference and all the other existing bodies.

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Mr Adrian Flook (Taunton, Conservative)

The secretariat is based, sadly, in Taunton; the unelected regional assembly, sadly, meets in Exeter.

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Mr Richard Younger-Ross (Shadow Minister, Office of the Deputy Prime Minister Local Government & the Regions; Teignbridge, Liberal Democrat)

I am amazed that the hon. Gentleman is sad that jobs have been created in his constituency.

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Mr Richard Younger-Ross (Shadow Minister, Office of the Deputy Prime Minister Local Government & the Regions; Teignbridge, Liberal Democrat)

It is still local employment. I suspect that you, Sir Nicholas, will soon stop us wandering away from the subject of the clause. I

appreciate that we want to make progress this afternoon, so I shall not delay the Committee any longer on this clause.

Mr. Raynsford rose—

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Mr Nick Raynsford (Minister of State (Local and Regional Government), Office of the Deputy Prime Minister; Greenwich & Woolwich, Labour)

I was remiss, Sir Nicholas, in not rising quickly enough.

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Mr Nick Raynsford (Minister of State (Local and Regional Government), Office of the Deputy Prime Minister; Greenwich & Woolwich, Labour)

I was not asleep. I was reading a relevant section from a fire and rescue document. I shall come to the point under consideration.

Unlike amendment No. 4, which we debated before lunch, amendment No. 9 would not stop the combination of fire and rescue authorities where it would promote the economy, efficiency and effectiveness of the fire authorities concerned. However, it would stop any move to a regional structure for specific public safety reasons—above all, civil resilience. As I said about amendment No. 4, we must deal with the possibility that a regional management board might not succeed, perhaps because of differences between the authorities involved in reaching agreement on a vital matter of public safety, such as the establishment of a regional control room. In such circumstances, we would need to take action to create a region-wide authority to ensure the necessary resilience in the interests of public safety.

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Mr Philip Hammond (Runnymede & Weybridge, Conservative)

The Minister said that the deletion of subsection (2)(b) could prevent the creation of a combined fire authority for reasons of enhancing public safety. I thought he said earlier that the term ''effectiveness'', which is used in subsection (2)(a) embraced public safety. I would therefore have thought that subsection (2)(a) could be used for those very purposes. Is the Minister now saying that effectiveness does not embrace the concept of public safety?

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Mr Nick Raynsford (Minister of State (Local and Regional Government), Office of the Deputy Prime Minister; Greenwich & Woolwich, Labour)

No, I am not. I made it clear that my interpretation of effectiveness is, if I can remember my words precisely, that I could not imagine an effective fire service that did not ensure the enhancement of public safety. However, I believe that it is necessary to have the alternative definition to cope with circumstances such as those for dealing with emergencies or resilience needs that, sadly, are increasingly in the forefront of our minds and for which we have to plan on a sensible basis.

I made it clear that the only circumstances in which we envisage clause 2(2)(b) being used were those in which there was a failure by authorities to work together to achieve the results through the regional management boards. It is a fail-safe option, but it is necessary to protect public safety. Amendment No. 9 would prevent that, and I cannot support it. I hope that the hon. Gentleman will ask leave to withdraw the amendment.

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Mr Philip Hammond (Runnymede & Weybridge, Conservative)

Will the Minister elaborate on the interaction between this part of the Bill and the Civil Contingencies Bill, as that is highly relevant?

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Mr Nick Raynsford (Minister of State (Local and Regional Government), Office of the Deputy Prime Minister; Greenwich & Woolwich, Labour)

Once again, the hon. Gentleman has anticipated what I was going to do in the context of amendment No. 1, which is even more problematical than amendment No. 9. Amendment No. 1 would require the boundary committee to review the existing regional development agency boundaries before we could use the provisions of subsection (2)(b) to establish a regional combined fire and rescue authority. Hon. Members may be concerned that boundaries established for one purpose may not be suitable for all others, but since the RDA boundaries are the current basis for civil resilience, and each Government office has established regional resilience teams within those regions, modelled on the successful arrangements already in place in London, it makes sense to use them as the basis for regional planning.

The Civil Contingencies Bill, as the hon. Gentleman said—

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Mr Richard Younger-Ross (Shadow Minister, Office of the Deputy Prime Minister Local Government & the Regions; Teignbridge, Liberal Democrat)

Will there be a point at which the Minister's Department will consider looking at the RDA boundaries?

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Mr Nick Raynsford (Minister of State (Local and Regional Government), Office of the Deputy Prime Minister; Greenwich & Woolwich, Labour)

I am potentially incurring your wrath, Sir Nicholas, in straying into this territory, but we have always said in a wider context that we could at a future date consider changes to boundaries. However, we made it clear that in the short term there was no logic in pursuing boundary changes as that would simply lead to protracted debate, argument and delay, and so prevent the opportunity for extending the option of regional government to those people who now will have the option because the Government have proceeded on the sensible basis of the existing regions.

We have not precluded changes at a future date; we are moving ahead on a sensible and pragmatic basis and, as I hope that the hon. Gentleman will recognise, if we were to try to implement his proposal for a boundary committee review before anything else happened, it would put the kibosh on any prospect of rapid progress, either on elected regional assemblies or effective resilience because the need is here and now.

Part 2 of the Civil Contingencies Bill contains emergency planning powers that are based on the Government office boundaries. It introduces the concept of a regional co-ordinator who will typically be a senior police officer taking responsibility for co-ordination in that region. As I said, Government offices have already put in place regional resilience teams.

The experience of the last two and a bit years in London is that that regional basis for bringing together all the bodies that need to be involved is essential to ensuring effective resilience. That is why we have adopted a similar framework in rolling out the arrangements nationally.

2:45 pm
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Mr Philip Hammond (Runnymede & Weybridge, Conservative)

London is surely a poor example because it has had a single fire and rescue authority for the whole Government office region for a long time. The Minister talked about the regional resilience structure that is in place and which will be reinforced by the Civil Contingencies Bill. Does not the regional management board structure that he wants to put in place for the fire service duplicate to a considerable extent the measure that is already there?

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Mr Nick Raynsford (Minister of State (Local and Regional Government), Office of the Deputy Prime Minister; Greenwich & Woolwich, Labour)

No, this structure does not duplicate that measure. It ensures that there is effective regional co-ordination in those regions of the country that do not have regional organisation. London does, but the other English regions do not. It ensures that there will be effective regional co-ordination arrangements in all regions—apart from London—irrespective of the outcomes of the referendums that will take place this autumn on elected regional assemblies. That is the basis for the structure. It is a sensible and pragmatic way forward to ensure that there can be co-ordination of the fire service at regional level.

The regional resilience arrangements are designed to bring together a much wider range of bodies, as has happened in London. Indeed, London is an extraordinarily good example of an area that has achieved successful cross-city working for resilience purposes and where a single fire and emergency planning authority, to give it its proper title, has ensured a cost-effective and efficient service. For example, in relation to joint control rooms, the hon. Gentleman will know from the Mott MacDonald evidence that the average cost of handling a call in London is some £18, compared with £168 on the Isle of Wight. Those are telling figures, and I hope that he will not minimise the importance of such considerations at a time when the public are rightly looking for value for money and do not want their council tax levels to be pushed up unreasonably. It ill behoves the hon. Gentleman to mock measures of cost-efficiency that ensure that the public get good value for money.

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Mr Philip Hammond (Runnymede & Weybridge, Conservative)

It ill behoves the Minister who administers the complex system of local government grant finance, which recognises the cost burden that sparsity imposes, to cite London against the Isle of Wight. If he is honest, he will recognise that it is inevitable that the cost per call in a metropolitan area such as London will be lower.

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Mr Nick Raynsford (Minister of State (Local and Regional Government), Office of the Deputy Prime Minister; Greenwich & Woolwich, Labour)

I hesitate to go too far down this road, because you will undoubtedly reprimand me if I do so, Sir Nicholas, but I cannot fail to observe that London has by far and away the best figures on cost-effectiveness of any fire and rescue authority. It is right that, after London, the larger authorities such as the west midlands are best placed in that regard. That is an obvious point if one has relatively small authorities. It has nothing to do with density. I am talking about relatively small authorities such as the Isle of Wight having to staff a control room to operate 24 hours a day without the level of calls necessary to make that

cost-effective. That is a simple fact of life. It has to do with size, not density. It would not matter if the Isle of Wight were compacted in an area a quarter of its size. There would still be exactly the same problems to do with size and cost-effectiveness. It is unfortunate that the hon. Gentleman, who speaks for the Conservative party, should take such a relaxed view of the importance of cost-effectiveness.

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Mr Geoffrey Clifton-Brown (Cotswold, Conservative)

I should be grateful if the Minister would say something about the preparedness of the resilience teams in the eight areas. [Interruption.] I gather from the Minister shaking his head that they are not ready yet. The purpose of my intervention was to elicit that information, because it is my perception from talking to my local authorities, health service and everything else that the teams are not up and running yet. Nor is the area co-ordinator, and the fire services are not linked into that system. Perhaps the Minister will say something about when that system will be up and running and when the constituent local authorities are likely to have the budgets to deal with what they are required to do.

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Mr Nick Raynsford (Minister of State (Local and Regional Government), Office of the Deputy Prime Minister; Greenwich & Woolwich, Labour)

I shall tread very carefully in my response to the hon. Gentleman, Sir Nicholas, as I do not wish to incur your wrath.

The regional resilience teams have been up and running for more than six months in all regions. During the autumn, we conducted an extensive survey to establish the degree of preparedness among a wide range of organisations in each region. The exercise was modelled on the one that took place in London. The co-ordination arrangements are proceeding apace, and it is important that they should. It is important to ensure that the working arrangements in the fire service are similar to those that apply to the wider resilience community. We will return to some of those issues when we discuss joint control rooms, but I shall now move on, to avoid incurring the Chairman's displeasure.

The amendment tabled by the hon. Member for Teignbridge would require the boundary committee to carry out its review before April 2005, but he must be aware that that would create an impossible timetable given the potential controversy and the complexity involved. It is therefore a wrecking amendment—it would have a wrecking effect—since if the review could not be carried out, the Government's hands would be tied far into the future. If, for example, regional combined fire authorities needed to be set up 10 years hence, as a result of circumstances not currently envisaged, and the boundary committee review had not taken place in 2004-05, we would not be able to do that. Even if the review had taken place, hon. Members might argue that it should be revisited or carried out again, if the circumstances pertaining in, for example, 2014 or 2024 were different. The amendment is

therefore ill thought out and impractical, and I hope that the hon. Member for Runnymede and Weybridge will withdraw it.

I shall now address some specific points raised during the debate. The hon. Gentleman took me to task for not mentioning these provisions during the debates on the Bill that became the Regional Assemblies (Preparations) Act 2003. That is not altogether surprising, because that Bill was debated in the early spring of last year, before we had published the fire and rescue service White Paper that set out the proposals.

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Mr Philip Hammond (Runnymede & Weybridge, Conservative)

The Minister will recall that he repeatedly, in the face of some scepticism from the Opposition, claimed that all the functions of elected regional assemblies would come down from central Government and would not be plucked upwards from local government. However, the next function to be announced for transfer to elected regional assemblies is one that is currently exercised by local authorities.

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Mr Nick Raynsford (Minister of State (Local and Regional Government), Office of the Deputy Prime Minister; Greenwich & Woolwich, Labour)

The hon. Gentleman is trying to revisit debates that we had about the 2003 Act, and I do not intend to get pulled into that byway, because that would certainly incur the Chairman's wrath. However, I shall make one point clear: the analysis in our White Paper ''Our Fire and Rescue Service'' was based on the experiences of last year's fire dispute and the important lessons that had to be learned from that. As a result, we have set out new proposals, and anyone who is seriously concerned about the future of the fire and rescue service knows how important it is that we take a fundamental view of the future role of the service and get the arrangements right in the future. That is the Government's commitment.

The hon. Gentleman also accused us of trying to subordinate every consideration—economy, effectiveness and efficiency—to a political drive for regions. That is not true. The point has been made forcibly, and I shall repeat it, that the provisions of clause 21 make it clear that the Secretary of State, in exercising his functions under the Bill, must be guided by considerations first of public safety and secondly of the economy, efficiency and effectiveness of fire and rescue authorities. Those are fundamentals, and will always guide our thinking on the subject.

Doubts were also expressed about the logic of the reasons behind the use of the Government office regions. I have already pointed out that there is a clear logic in terms of consistency with resilience arrangements.

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Mr Philip Hammond (Runnymede & Weybridge, Conservative)

At the risk of being called to order, given the linkage with civil contingency arrangements and resilience issues, is it then a foregone conclusion that the police structure must also be regionalised?

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Mr Nick Raynsford (Minister of State (Local and Regional Government), Office of the Deputy Prime Minister; Greenwich & Woolwich, Labour)

I do not think that I could possibly say that it was a foregone conclusion, given that it is not my responsibility and I would be straying way beyond the territory of this Committee. I have made it

clear that there has to be a regional co-ordinator as part of the regional resilience structure and that that person will typically be a senior police officer. The police will be working within the regional framework.

The hon. Member for Teignbridge raised again the question of the regions and asked whether there was a case for changing the regions in the light of regional identity rather than efficiency or vice versa. Opening up the issue of regional boundaries would start a long, protracted and, I suspect, very unproductive debate, which would undoubtedly delight many Liberal Democrats who enjoy the type of proceeding where debate thrives, people talk ad nauseam and nothing happens. That is not the priority of this Government.

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Mr Philip Hammond (Runnymede & Weybridge, Conservative)

Is not a similar argument about the danger of reopening established boundaries often used to justify repression in parts of Africa that had their boundaries drawn on a totally arbitrary basis by colonial administrators in the past?

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Mr Nicholas Winterton (Macclesfield, Conservative)

Order. Obviously I err on the side of the Opposition to ensure that they get all their points answered, but foreign affairs is not part of the Committee's remit.

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Mr Nick Raynsford (Minister of State (Local and Regional Government), Office of the Deputy Prime Minister; Greenwich & Woolwich, Labour)

I have been tempted by matters of the Home Office in respect of policing. Now I am tempted into the responsibilities of my right hon. Friend the Foreign Secretary. I must, regretfully, decline to get into an interesting debate about the precise boundary between Burundi and neighbouring African countries. I will return rapidly to the matters in hand.

The hon. Member for Teignbridge raised the question of the definition of national priorities. That is very much a function of the draft national framework, which we have already published. It will be given statutory backing by the Bill and will be subject to regular review and update by the Secretary of State. National priorities come clearly within the context of the new national framework. He also said that our provision in clause 2(2)(b) would allow regionalisation, contrary to the pledge that we are not regionalising except where people vote for an elected regional assembly.

Our policy is not to regionalise, except where there is a vote in favour of an elected regional assembly, but for reasons that I have already explained, we believe that it is essential to have effective, regional co-ordination arrangements for the fire service for those areas of the service that must be run at a regional level. We have urged fire authorities to work together to create regional management boards to achieve that. This provision is purely a fail-safe to ensure that, in the interests of public safety, if there is a failure we have the means to act rather than being left powerless. In view of those considerations, I urge the hon. Gentlemen not to press their amendments. If they do, I will urge my hon. Friends to vote against them.

3:00 pm
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Mr Philip Hammond (Runnymede & Weybridge, Conservative)

I am somewhat disappointed by the Minister's reply. There are a huge number of areas in the Bill and the clause that we can agree about, and I am disappointed that he has adopted an aggressive tone in relation to this subsection. Resilience can and probably should be dealt with in the Civil Contingencies Bill, which is being debated in Committee Room 15. The regional management board is, to a significant extent, duplicating. It is not necessary to have a regional management board to co-ordinate individual fire authorities, to then co-ordinate with the regional civil contingencies structure. It would be perfectly possible for the fire authorities, as first responders, to be drawn in to that system directly.

The Minister used again the example of control rooms, comparing London per call costs with Isle of Wight per call costs. I suspect that he understands well that whatever he does, call costs in London will always be lower per unit than on the Isle of Wight. I shall place a small bet with him, if that is permitted, that in five or ten years' time, no matter what he does to the structure, there will still be a significant differential between costs in London and those in the least densely populated parts of the country. He talked on Second Reading about control rooms as if the regionalisation agenda only concerned regionalising the control rooms, but it goes far beyond that. I understand entirely his arguments for using larger units to deal with extraordinary and catastrophic events that require a massive response. However, the resilience work to which he refers will only ever amount to a tiny fraction of the fire and rescue authorities' work.

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Mr Philip Hammond (Runnymede & Weybridge, Conservative)

In a moment.

The Government are re-orienting those bodies, as part of their modernisation programme, to be less militaristic, less responsive and less interventionist, and to be more preventive, more educative and more community-rooted bodies. It seems extraordinary to Conservative members of the Committee that at the same time as launching this agenda for change, which will see fire and rescue services more community-based, it is necessary to create a higher level structure that appears to suck power, responsibility and accountability away from the communities that the fire and rescue services serve.

On the control room issue, there may be arguments about arrangements to deal with large and catastrophic incidents, but I have an example, on a much smaller scale, from my own police authority, of the results of the amalgamation of the district control rooms in to a single control room for the whole of the county of Surrey at the Surrey police headquarters in Guildford. The results have been mixed, because all too often—despite the latest technology available, which it has—it is quite apparent to the caller that the person taking the calls does not have clue where the caller is, what the local geography is, or what they are talking about. The Minister can tell us that the control

rooms will be equipped with the latest mapping technology so that the operator has a map of the area in front of him, but that does not deal with human frailty. When Mrs. Bloggs at No. 72 rings up saying that someone is breaking in to the chip shop across the road, the guy at the other end, looking at a map, says, ''Is that No. 95?'' She says, ''I don't know. It's Mrs. Brown's chip shop across the road. You know, on the corner.'' He does not know, because he does not know the area or have any local knowledge. That is already a problem on a Surrey-wide basis and has caused a considerable amount of correspondence from constituents. I invite the Minister to consider how that problem will be multiplied in a regional control room.

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Mr Nick Raynsford (Minister of State (Local and Regional Government), Office of the Deputy Prime Minister; Greenwich & Woolwich, Labour)

I put it to the hon. Gentleman that knowledge of the proprietor of any shop in any locality would be available only on the basis of a very small area. There is no way that someone in even one local authority that embraces two or three small townships could be expected to have that degree of knowledge of every nook and cranny. That would be a completely uneconomic basis on which to run the control room. I hope that the hon. Gentleman recognises that.

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Mr Philip Hammond (Runnymede & Weybridge, Conservative)

Obviously, there is a balance to strike, but I invite the Minister to consider the degree of knowledge that a Member of Parliament has of his or her constituency. When talking to a constituent about a shop or a street, the MP will have a picture—

Mr. Raynsford rose—

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Mr Philip Hammond (Runnymede & Weybridge, Conservative)

The Minister is going to tell me that we need 650 control rooms.

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Mr Nick Raynsford (Minister of State (Local and Regional Government), Office of the Deputy Prime Minister; Greenwich & Woolwich, Labour)

Absolutely. That would be the logic.

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Mr Philip Hammond (Runnymede & Weybridge, Conservative)

I am simply inviting the Minister to consider the direction of travel. Reducing the number of control rooms from four to one for Surrey police has caused the problems that I referred to. We already have one control room for the Surrey fire service, so we are not in the territory of having 650 control rooms. He is now suggesting that we should shrink the number of control rooms, thus making the response less local. I suggest to him that I readily envisage arguments—I have not heard them in detail—why that might be appropriate and the best way to deal with some incidents. However, will he acknowledge that many day-to-day functions of the fire and rescue service will be more difficult?

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Mr Nick Raynsford (Minister of State (Local and Regional Government), Office of the Deputy Prime Minister; Greenwich & Woolwich, Labour)

I put it to the hon. Gentleman that if his analysis were correct, the single control room for London—a city with more than 7 million people over a huge area—would not be as efficient as it is. Can he explain why London is able to operate as efficiently as it does?

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Mr Philip Hammond (Runnymede & Weybridge, Conservative)

I am the latter, Sir Nicholas. I confidently predict that after the next general election there will be many more Conservative Members called Philip with surnames beginning with ''H'', although it may not be Holland.

I cannot answer the Minister's question specifically. I am simply relating to him and the Committee my experience of the amalgamation of the police incident control rooms in Surrey. I ask him to consider those concerns.

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Mr Jim Knight (South Dorset, Labour)

I intervened before we got into the mini-debate about control rooms. I may have a chance to offer my opinion on that on another occasion, but my intervention concerned the question of achieving economies of scale through regional management boards. Has the hon. Gentleman thought about the potential for procurement on a regional basis? Procurement projects for specialist equipment that might be necessary across a region could be managed by the board, which would achieve significant economies for the council tax payer.

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Mr Philip Hammond (Runnymede & Weybridge, Conservative)

The hon. Gentleman is right. I hope that I have consistently said that we have no quibble with the idea that larger units and co-operation, clustering and collaboration are required for certain purposes. The problem, as is often the case with the Government, is whether there should be a bottom-up process of voluntary collaboration, working together in partnership, or whether there should be a top-down, imposed process. The proposition is that the process is imposed on the basis of artificial boundaries—the regional management boards are to be imposed on the basis of the regional development agencies' boundaries.

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Mr Jim Knight (South Dorset, Labour)

I have no wish to extend the debate for any longer than necessary, but my selective hearing probably differs from the hon. Gentleman's because I thought that the Minister said that they would intervene only if things were not working. Otherwise, the process would be bottom-up and on a voluntary basis. However, if the savings are not being achieved for the council tax payer, central Government can try to achieve that.

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Mr Philip Hammond (Runnymede & Weybridge, Conservative)

That is nonsense. Collaboration on a voluntary basis means that the fire and rescue authorities must decide the clusters in which they wish to work. I give the example of Wiltshire fire authority, which has a long-standing relationship with Hampshire fire authority. In a clustering arrangement, those authorities would expect to work together, but they will not because they are in different regions. There is a clear distinction between something primarily determined by the constituent authorities—a collaboration or genuine partnership—and something imposed from the top in a format and on boundaries determined by Whitehall. We do not regard that as a healthy way to proceed.

I am surprised that the Minister prays the public safety argument in aid for subsection (2)(b). I read subsection (2)(a) as being perfectly adequate to deal with the situation for which the Minister is saying that

subsection (2)(b) would be used. Subsection (2)(b) provides no hurdle and allows the Secretary of State to create a combined fire and rescue authority without meeting any tests. Subsection (2)(a) provides tests, but subsection (2)(b) does not. We must conclude that the approach is part of the Government's programme of regionalisation by stealth. Today it is our fire services, yesterday it was our housing pot, and tomorrow, I detect from the Minister's reluctance to comment further, it will be our police forces.

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Mr Richard Younger-Ross (Shadow Minister, Office of the Deputy Prime Minister Local Government & the Regions; Teignbridge, Liberal Democrat)

The hon. Gentleman's points about public safety were right, especially in relation to the size and appropriateness of the regional control rooms. He gave the example of someone not knowing where a chip shop is, but with a region as large as the south-west is proposed to be, people may not know where towns are. Some Committee members do not know how to pronounce my constituency, Teignbridge, which is pronounced ''Teenbridge'', while I live in the town of Teignmouth, which is pronounced ''Tinmouth''. There will be potential confusion with pronunciation and spelling in control rooms, particularly in areas that have a high number of tourists, who might not know the spelling of towns such as Dunchideock, Stokeinteignhead, Combeinteignhead, Kingskerswell and Kingsteignton.

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Mr Philip Hammond (Runnymede & Weybridge, Conservative)

I am sure that the hon. Gentleman could list many more such examples, but he is agreeing with my point, and I thank him for his comments.

We fundamentally object to the Government's approach. The Minister said that they would want regional management boards to be voluntary. However, having mapped out their agenda and saying that they want it to be met voluntarily, the Government are taking powers that local authorities can understand will be used if they do not do voluntarily what the Government want them to do. It is a little like capping, when the Government say, ''We want you to set your council tax at a certain level voluntarily, and if you don't, we will impose it on you.'' That is not a positive voluntarism.

We do not believe that the Government have sufficiently explored the opportunities to promote bottom-up collaboration and to cluster fire and rescue authorities in their new environment to achieve our agreed objectives of greater public safety and the most effective and economic delivery. Clustering need not be monolithic. It could take different forms, with large units for procurement purposes and smaller units for some operational purposes. However, the Government have decided on a one-size-fits-all approach and, by chance, the map of Britain hanging proudly on the Deputy Prime Minister's wall, which shows just nine regions, is the favoured solution for all purposes, including procurement, human resources management, operational direction and civil resilience planning.

We must resist what subsection (2)(b) represents, and I will urge my hon. Friends to vote in favour of amendment No. 9.

3:15 pm
Photo of Mr John Pugh

Mr John Pugh (Education Spokesperson, Education & Skills; Southport, Liberal Democrat)

The Liberal Democrats will not press amendment No. 1. I was hurt by the Minister's comment that it was a wrecking amendment, which was an uncharitable thought. It was an attempt to engage the Minister in constructive debate. We would not concede that the adjectives sensible and pragmatic apply to the Minister's argument. What he said, in effect, is that although the boundaries are far from perfect, there are existing resilience and civil defence arrangements in London that appear to be capable of working within the time scale in which the Bill, when it is enacted, will operate. We will look at that evidence and consider our amendment, and we will not press it to a Division.

Question put, That the amendment be made:—

The Committee divided: Ayes 4, Noes 8.

Question accordingly negatived.

Photo of Mr Nicholas Winterton

Mr Nicholas Winterton (Macclesfield, Conservative)

Order. Members of the Committee will see from the new provisional selection list that the amendments that we would initially have debated with amendments Nos. 12 and 14 in the last group have been transferred to the new group, headed by amendment No. 3.

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Mr Richard Younger-Ross (Shadow Minister, Office of the Deputy Prime Minister Local Government & the Regions; Teignbridge, Liberal Democrat)

I beg to move amendment No. 3, in

clause 2, page 2, line 19, leave out subsection (4) and insert—

'(4) A scheme under this section as mentioned in:

(a) subsection (3)(a) may include modifications to the draft scheme which seem appropriate to the Secretary of State after consulting the existing authorities in question, and

(b) subsection (3)(b) only be made if an inquiry has been held under Clause 26 of this Act and the authority or several authorities have been shown to fail to discharge their duties under this Act.'.

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Mr Nicholas Winterton (Macclesfield, Conservative)

With this it will be convenient to discuss the following:

Amendment No. 10, in

clause 2, page 2, line 21, leave out 'after consulting' and insert

'and are agreed to by'.

Amendment No. 5, in

clause 2, page 2, line 25, at end insert—

'(c) all local authorities within or including the area of the fire and rescue authorities affected.'.

Amendment No. 6, in

clause 2, page 2, line 32, at end insert—

'(d) all local authorities within or including the area of the fire and rescue authorities affected.'.

Amendment No. 2, in

clause 2, page 2, line 36, leave out 'may' and insert 'shall'.

Amendment No. 13, in

clause 2, page 2, line 38, at end insert

'and shall only proceed with the proposed scheme, variation or revocation as the case may be if the inquiry concludes that the making of the scheme, variation or revocation is in the interests of greater economy, efficiency and effectiveness of the fire and rescue service or services concerned.'.

Amendment No. 12, in

clause 2, page 2, line 39, leave out subsection (9).

Amendment No. 14, in

clause 2, page 3, line 1, leave out subsection (10).

Amendment No. 15, in

clause 3, page 3, line 13, at end insert

'and which, in the case of a scheme made under section 2, subsection (3)(a), have been agreed to by the authorities in question and in the case of a scheme made under section 2, subsection (3)(b), have been considered by the inquiry held under the provisions of section 2, subsection (8).'.

Photo of Mr Richard Younger-Ross

Mr Richard Younger-Ross (Shadow Minister, Office of the Deputy Prime Minister Local Government & the Regions; Teignbridge, Liberal Democrat)

I shall be fairly brief, if for no other reason than that the job description of MP did not state that the art of bi-location was required. As later I have to be in another Committee, moving another set of amendments, I hope that hon. Members will accept my apologies for not being present for the latter part of this debate.

The amendments are straightforward. They would ensure that there is proper consultation before changes are made. Amendments Nos. 3 and 5 aim to find out what the Minister intends when he talks about consulting other bodies. Will that normally include the local authorities in the area? Although they are not fire authorities, they best represent the views of the local population. They are democratically elected, and if there are anxieties about the local fire service the councillors will be well aware of the issues involved because the electorate often cannot tell who runs which authority or the difference between them. Local authorities would be good bodies to consult on the changes, as they will be a mine of information on these matters.

Amendment No. 2 would simply remove the word ''may'' and insert ''shall''. It should not be for the Secretary of State to say, ''Well, maybe I will have an inquiry.'' All kinds of pressures are put on Ministers, and one of those may be economy, so Ministers might not want the expense of inquiries, because the section involved was running over budget or the Department's budget had to be cut. If the Chancellor issued an edict that budgets must be cut to save money in the run-up to an election, Ministers might cut down on inquiries. That would be a shame as these are very important matters.

If circumstances were to involve a move from a failing framework—which the Minister would have to prove was failing—to a regional body, without any of the safeguards of a regional assembly, there ought to be an inquiry. That should be as a matter of course, not as a possibility—if there happened to be an ''r'' in the month, or if the Minister had got out of bed on the right side and felt so inclined.

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Mr Philip Hammond (Runnymede & Weybridge, Conservative)

Our core position is that the authorities defined in clause 1 have to be responsible for delivering the service to the public, and they have to discharge those responsibilities in the most appropriate way. As I have said many times, we recognise that very often that will be by means of combination with other authorities, so authorities will be coming to the Secretary of State with combination schemes. It is entirely appropriate that there are provisions in the Bill for doing that, as there were provisions in the Fire Services Act 1947. We also recognise that it is appropriate for the Secretary of State to have a fall-back power, as specified in subsection (3)(b), to provide a combination scheme ''on his own initiative'', but safeguards are needed.

Amendment No. 3 would mean that, where the Secretary of State proposed the modification of a scheme, the only requirement on him would be to consult the local authorities involved. That would present us with the danger of radical modification of a scheme that originated from the fire authorities themselves, such as a voluntary scheme of collaboration—exactly the kind the thing that I would seek to promote and that the Minister would have us believe he would favour. ''Radical'' does not necessarily mean large in scale. It may be that the modification of a few carefully chosen words would fundamentally change what the fire authorities had in mind; for example, in appointing members to the combined fire authority. There must, therefore, be a safeguard against the Secretary of State misusing the powers under subsection (3)(a) to take a scheme that was presented as voluntary and to change it out of recognition.

I realise that the Secretary of State may want to review a scheme, and to come back to the authorities and propose certain changes. As long as the authorities agree with that, there is no problem; it remains their scheme, with improvements proposed by the ODPM and agreed by the authorities. If the Secretary of State wants to propose something more radical which is not, in the view of the fire authorities concerned, acceptable, he should have to resort to his powers to create a CFA on his own initiative, rather than allowing a CFA to be voluntarily created with his potentially substantial modifications. Our amendment No. 10 would require the authorities to agree to all modifications. We believe that that is a more transparent approach.

As I said, amendments Nos. 12 and 14 are not particularly important in themselves. They are simply appropriate consequential amendments that would flow from a requirement for the fire authorities involved to agree to modifications, because the circumstances envisaged in subsections (9) and (10) could not arise in that situation.

Amendment No. 3 in the name of Liberal Democrat Members deals with the powers of the Secretary of State under subsection (3)(b) to make a scheme ''on his own initiative'', and means that the failure of a fire and rescue authority to discharge its duties would have to be demonstrated. I understand where the hon. Member for Teignbridge is coming from. The problem

is that the duties that a fire and rescue authority has to discharge under the Bill are not simply the duties to undertake a community safety programme under clause 6, to provide firefighting facilities under clause 7, and to prepare for and deal with road accidents under clause 8 and other emergencies under clause 9.

I am referring to a duty to have regard to the Government's national framework, which the ODPM is drawing up, and which it will revise and reissue from time to time. I note that there is no provision whatever for parliamentary scrutiny of that document. We shall come to that later. I fear that the hon. Gentleman's approach is flawed, in that the Government can create a situation in which compliance with their agenda, set out in the framework, is part of the duty of a fire and rescue authority. That is a fundamental issue, because it means that an authority can—I do not say ''will''—have its agenda determined centrally through the mechanism of the framework. We shall debate later whether the comprehensive performance assessment and its regard to compliance with the framework is an appropriate way for the Government to ensure that their unscrutinised agenda in the national framework is implemented locally.

Photo of Mr Richard Younger-Ross

Mr Richard Younger-Ross (Shadow Minister, Office of the Deputy Prime Minister Local Government & the Regions; Teignbridge, Liberal Democrat)

I thank my hon. Friend for giving way again.

Photo of Mr Philip Hammond

Mr Philip Hammond (Runnymede & Weybridge, Conservative)

I am not the hon. Gentleman's hon. Friend.

Photo of Mr Richard Younger-Ross

Mr Richard Younger-Ross (Shadow Minister, Office of the Deputy Prime Minister Local Government & the Regions; Teignbridge, Liberal Democrat)

I thank the hon. Gentleman for giving way again. I am disappointed that he has so little faith. I am sure that the Minister will listen to our views on the framework and, when we come to debate it, that he will ensure proper scrutiny of it at a later date.

Photo of Mr Philip Hammond

Mr Philip Hammond (Runnymede & Weybridge, Conservative)

As the hon. Gentleman said, he has not led for his party in a Standing Committee before. I fear that he may discover that he is being rather optimistic about the degree of flexibility that the Minister will show. However, I am willing to eat a large amount of humble pie if—

Photo of Mr Nick Raynsford

Mr Nick Raynsford (Minister of State (Local and Regional Government), Office of the Deputy Prime Minister; Greenwich & Woolwich, Labour)

Get out and order it.

Photo of Mr Philip Hammond

Mr Philip Hammond (Runnymede & Weybridge, Conservative)

I will be delighted if, when we reach the relevant clause, it turns out that the Minister is prepared for the national framework and each revision of it to be subject to parliamentary scrutiny, and for it to come into effect only when appropriate Committees of both Houses of Parliament have approved it. That will be extremely good news, and I am ready to get the truck on its way with vast quantities of humble pie. That reminds me of a television programme that I watched last night, although humble pie will be more agreeable than some of the things eaten in that programme.

Photo of Mr Nick Raynsford

Mr Nick Raynsford (Minister of State (Local and Regional Government), Office of the Deputy Prime Minister; Greenwich & Woolwich, Labour)

Bugs.

Photo of Mr Philip Hammond

Mr Philip Hammond (Runnymede & Weybridge, Conservative)

Bugs, as the Minister says. I am sure that you do not watch such ineffectual entertainment on television, Sir Nicholas, but some of us do.

The Conservatives' approach, recognising the need for the reserve power in subsection (3)(b), is represented by amendment No. 13, which would require the Secretary of State to demonstrate publicly at an inquiry that the proposal would lead to greater effectiveness, efficiency and economy in the delivery of the service. I have suggested before and will do so again that that is not an onerous test, and the Government should be able to accept it. We support the Liberal Democrats' amendment No. 2, which would make the inquiry mandatory where the Secretary of State uses his own initiative to impose a combination on fire authorities. That is an entirely appropriate mechanism.

Amendment No. 13 sets a modest hurdle, and I hope that the Minister will accept it. Amendment No. 15 to clause 3 would achieve a similar aim in relation to the so-called incidental and supplementary provisions, which sound like something at the back of the book that one does not have to think about too much. Those provisions cover vital matters such as who appoints the members of the combined fire authority. As we know, the Secretary of State intends to keep the power to appoint a significant number of those members. We therefore believe that a similar hurdle is needed, and amendment No. 15 would erect that.

Amendments Nos. 5 and 6 would simply introduce more consultation. Again, I do not want to do the Minister's dirty work for him, but I am sure that he has some choice words about how Liberal Democrats like to consult endlessly on everything. There is nothing wrong with consultation, but it cannot have escaped the notice of the hon. Member for Teignbridge or his party that, at the end of all these consultations, the Government invariably do what they were going to do anyway, after wasting a lot of everyone's time and energy. The Bill needs real teeth to ensure that it does not become the mechanism for the over-centralisation of our fire and rescue services. It does not need more cotton wool in the form of consultation without any requirements or obligations on the Government to show that any hurdles have been surmounted.

3:30 pm
Photo of Mr Nick Raynsford

Mr Nick Raynsford (Minister of State (Local and Regional Government), Office of the Deputy Prime Minister; Greenwich & Woolwich, Labour)

All the amendments have a single underlying objective to make a public inquiry mandatory before fire and rescue authorities can be combined, and to create a series of subsequent procedural hurdles before the outcome of an inquiry can be implemented. In resisting their overall intent, I want to make the Government's position very clear. First, we are committed to consultation. The Bill requires consultation with affected fire and rescue authorities and with other persons whom the Secretary of State believes will be affected. That might include other local authorities, police authorities or any significant stakeholder.

The problem with specifying in detail who should be consulted is that one cannot list everyone. If the Bill includes a partial list, those who subsequently interpret it might well infer that organisations not included in the Bill have been omitted deliberately. That inference would be entirely false, but that is the

risk of a list, and the reason that we are not sympathetic to the idea of listing all the bodies that should be specified. Certainly, it is our intention that no one should be excluded. We consulted widely on the draft national framework, and we intend to do the same with these provisions.

Secondly, the Bill permits the Secretary of State to institute a public inquiry, but it does not make that mandatory. Again, we intend to hold a public inquiry unless there are overriding reasons of urgency that militate against it. I therefore want to think about amendment No. 2 to see whether we can incorporate its spirit without losing the capacity to move quickly. In an earlier debate, I said that I was not opposed to considering sensible Opposition proposals. We entirely accept the spirit in which the amendment was tabled. I hope that the hon. Member for Teignbridge will recognise that there is a need to enable the Government to move quickly, so we cannot accept the amendment as it is drafted, because it is absolute. With that caveat, we will work on it and try to produce an appropriate amendment to clarify our intention.

Photo of Mr Philip Hammond

Mr Philip Hammond (Runnymede & Weybridge, Conservative)

We all recognised that in certain emergency circumstances special provisions are needed, and it seems to me that the Civil Contingencies Bill deals adequately with that agenda. However, the Minister is now speculating on an emergency circumstance that would require a combined fire and rescue authority to be created. An emergency, by definition, does not call for structural and organisational change—it calls for action. Can the Minister elaborate on the type of emergency that might require the creation of a CFA in short order?

Photo of Mr Nick Raynsford

Mr Nick Raynsford (Minister of State (Local and Regional Government), Office of the Deputy Prime Minister; Greenwich & Woolwich, Labour)

A public inquiry is likely to take several months, if not longer. A resilience network is essential to protect the public against serious risks—whether or not those are terrorist risks is immaterial—and if one or more constituent fire authorities failed to work effectively as part of that network, action would have to be taken quickly. A delay of a year or more while a public inquiry took place would not be acceptable. That is one example.

It is our intention to hold public inquiries, unless there are overriding reasons of urgency that militate against that. If authorities are failing to work together to set up effective regional resilience arrangements, with all that that implies for public safety, it really would not be right to delay action for the period of a long drawn-out public inquiry.

The other amendments are less helpful. Amendments Nos. 3 and 13 seek to prescribe the grounds on which an inquiry might reach its conclusions, and to restrict those grounds to certain parts of the Bill. Where an inquiry is held, its purpose must be to take into account the whole picture and examine the case for combination on all the grounds contained in the Bill, not just those that are acceptable to hon. Members.

Amendment No. 10 seeks to require the agreement of authorities to any modification by the Secretary of State to a combination scheme that they themselves have proposed. I cannot agree to that amendment. Consultation is essential, and clause 2(4) provides for it. If, to take an example, Cheshire, Shropshire and Staffordshire fire authorities were to put to me tomorrow a proposal that they should combine—when the people of Cheshire are due to vote in a referendum on whether they will have a north-west assembly and, as a result, a north-west regional fire and rescue authority—it would be extraordinary to allow Cheshire then to veto the inevitable modification to restrict the combination to Shropshire and Staffordshire. That modification would be a purely simple and practical way of avoiding the totally time-wasting exercise of creating a combination across a regional boundary, if there is a possibility that one part of that region will move into a regional framework as a result of a vote in an elected regional assembly. That is a classic example of circumstances in which it might be necessary for the Secretary of State to modify a proposal, and giving the authority the right to veto that modification could result in a wholly perverse waste of time and money.

Photo of Mr Philip Hammond

Mr Philip Hammond (Runnymede & Weybridge, Conservative)

The Minister is talking as if there were some obligation or requirement for the people of the north-west to have a regional fire authority if, by some mischance, they were to vote for an elected regional assembly. As I recall, there is nothing in legislation to that effect. Does the Minister intend, perhaps during the passage of the Bill, to bring forward an amendment to the Regional Assembles (Preparations) Act 2003 to the effect that a statement will appear on the question, so that people are aware that they will get a regional fire and rescue authority if they vote for an elected regional assembly?

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Mr Nick Raynsford (Minister of State (Local and Regional Government), Office of the Deputy Prime Minister; Greenwich & Woolwich, Labour)

The hon. Gentleman, who is normally quite acute on these things, has clearly missed the significance of the White Paper, ''Our Fire and Rescue Service''. It made it absolutely explicit that, where people vote for an elected regional assembly, there will be a regional fire and rescue authority similar to the London Fire and Emergency Planning Authority. That is our policy intention, and the legislative provision will be included in the regional assembly Bill that we intend to prepare; hopefully it will be available in draft before people come to vote in the referendums.

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Mr Hugo Swire (East Devon, Conservative)

Will the Minister confirm that an area that votes against having an elected regional assembly, thereby maintaining the status quo, will not at any stage be penalised?

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Mr Nick Raynsford (Minister of State (Local and Regional Government), Office of the Deputy Prime Minister; Greenwich & Woolwich, Labour)

It certainly will not be penalised. We believe in entirely free choice, such as we extended to the people of Scotland, Wales, London and Northern Ireland. There is a devolved body in each of those areas. We are doing exactly the same in the English regions, and we will abide by the referendum's conclusions, which, we have said, has always been our policy.

On amendments Nos. 5 and 6, we cannot specify all those whom we consult. Annex E to the draft national framework lists 52 separate organisations that we formally consulted, many, if not most, of whom could make a case for inclusion in the Bill. I hope that the hon. Member for Teignbridge recognises that it would be unworkable to have such long lists, and there is the problem of those inadvertently omitted from them.

Amendment No. 15 would do two things: first, it would incorporate the proposal for an individual authority veto in amendment No. 10, to which I have already referred. Secondly, it would require the supplemental and incidental provisions of a scheme to have been put before a public inquiry. That contradicts the purpose of a prior inquiry held under clause 2(8)(a) and appears to be a delaying tactic. Perversely, it would make an inquiry, which I have already committed the Government to holding, unless urgent reasons of public safety make it impossible, less likely by increasing the time that the overall process will take.

Amendments Nos. 12 and 14 would delete the subsections intended to allow the Government to synchronise any reorganisation of local government in any area with a consequent need to reorganise the fire and rescue service. The provisions re-enact section 6(2A) of the Fire Services Act 1947, and are sensible administrative measures in the event of any such local government reorganisation. For example, in the past, when a two-tier county and district local government structure has been replaced by unitary authorities or a mixture of two-tier and unitary authorities, the old county fire authority has disappeared. The provisions of section 6 of the 1947 Act have been used to establish a combined fire authority of the new principal authorities, covering the area of the old county fire authority. The establishment of the CFA for Kent and Medway is an example. In effect, the combination scheme re-created a fire authority covering the whole shire county area at the same moment at which it would otherwise have been abolished by the local government reorganisation.

It is possible that the same sort of thing might need to happen again if there is a future local government reorganisation under the Local Government Acts. Though not envisaged, it is logically possible that it could also occur in any reorganisation under the Regional Assemblies (Preparations) Act 2003. That would happen only in an area that had voted for an elected regional assembly, and in which local government reorganisation took place before the elected regional assembly was up and running and before the new regional fire and rescue authority could be established, which is unlikely. However, we would not rule out the possibility in certain circumstances, and it would be bizarre not to have the necessary administrative arrangements to ensure a smooth transfer.

The amendments are neither helpful nor desirable and I ask hon. Members not to press them, with the proviso that I will carefully consider the possibility of defining and limiting the circumstances in which it may not be possible to hold a public inquiry.

Photo of Mr Richard Younger-Ross

Mr Richard Younger-Ross (Shadow Minister, Office of the Deputy Prime Minister Local Government & the Regions; Teignbridge, Liberal Democrat)

On the lead amendment, I heard what the Minister said. I take his point about long lists; I had hoped that the term ''local authorities'' was broad enough, but if I understand the Minister correctly he is saying that they would be consulted in generality. As that is on the record, I will be happy to ask leave to withdraw amendments No. 3, and I will not press amendments Nos. 5 and 6.

I am grateful to the Minister for saying that he will look again at amendment No. 2, and I accept that there may be an eventuality in which one would not wish to delay a process. Even if I had reservations about that process, I understand that in a crisis it would not be logical to delay it for, say, six months while an inquiry took place. I would be grateful if wording could be drafted at a later stage to take that into account. I will not press the amendment.

Finally on amendment No. 10, I have a lot of sympathy with what has been said. I find the wording of the amendment weak and I take the point about vetoes. One cannot have a situation where one small authority holds all the other authorities in the area to ransom. But if more than half of the authorities oppose something, is it right to pursue the matter? Might that be reconsidered at another stage or in another place? Perhaps the Conservatives can come up with a tighter form of wording that will overcome the veto problem.

3:45 pm
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Mr Philip Hammond (Runnymede & Weybridge, Conservative)

I am grateful to the Minister for what he said about amendment No. 2. I hope that he can come forward with a form of words on Report that clearly makes it the norm that an inquiry will be held. On amendments Nos. 12 and 14, to some extent I understand the technical problem that he identified in deleting subsections (9) and (10). I laboured the point that they were merely consequential amendments. If I had not tabled them, he would have told me that amendment No. 10 was incredible because it did not provide for the proper consequences.

As I indicated earlier, and notwithstanding what the Minister said, I will seek to press amendment No. 10 to a Division. There is an important principle here. I accept what the hon. Member for Teignbridge said.

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Mr Nick Raynsford (Minister of State (Local and Regional Government), Office of the Deputy Prime Minister; Greenwich & Woolwich, Labour)

As in ''teeny''.

Photo of Mr Philip Hammond

Mr Philip Hammond (Runnymede & Weybridge, Conservative)

I do not think that I have ever been corrected by the Chair before on my pronunciation. I shall try to follow your strictures, Sir Nicholas. The hon. Member for Teignbridge—it sounds as if it is just outside Glasgow, when pronounced that way—suggested that there might be a way of finding the middle ground here. It is terribly important that we set out our concerns that too much power is being transferred to the Secretary of State.

The Minister and I have had this discussion on many occasions. He is very good at standing in front of the Committee in an emollient frame of mind and explaining that he would never intend to use these powers in anything like the way that the Opposition describe, but we must look at what is in the Bill. We

must remember that although, for the last seven years, the Minister has been in stately occupation of his post, he may not always be there. Labour Members have to contemplate the possibility that they may not always be there. We are making legislation that may have a long shelf life.

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Mr Philip Hammond (Runnymede & Weybridge, Conservative)

In a moment. I will give the hon. Gentleman a little more time to think of something suitably witty to say. On the precedent of the 1947 Act, we can anticipate that we are making legislation that might have to last us for half a century. It is important that we do not carelessly give away powers to the Secretary of State however much he may protest that he does not intend to use them in ways that we suggest he could and which everyone acknowledges the Bill would allow.

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Mr Stephen McCabe (Birmingham, Hall Green, Labour)

I just want to tease out—I hope that it is not too Glasgow an expression—what the hon. Gentleman was saying. Was he giving us a warning that he fears a future a right-wing rabid Tory Government? Is that the essence of his fear?

Photo of Mr Philip Hammond

Mr Philip Hammond (Runnymede & Weybridge, Conservative)

There are two questions wrapped up into one; whether I predict such a thing and whether I would fear it if I did. I suspect the answer to the hon. Gentleman is that I do not predict a rabid right-wing Tory Government. I predict a Tory Government led by my right hon. and learned Friend the Member for Folkestone and Hythe (Mr. Howard). Such a Government would, as the hon. Gentleman may already have started to perceive, provide a model of moderate and sensible government in their approach to the problems that the country has faced for the last seven years, which, under the present regime, show no signs of getting any better.

I ask that amendment No. 10 be put separately to a vote.

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Mr Richard Younger-Ross (Shadow Minister, Office of the Deputy Prime Minister Local Government & the Regions; Teignbridge, Liberal Democrat)

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Amendment proposed: No. 10, in

clause 2, page 2, line 21, leave out 'after consulting' and insert

'and are agreed to by'.—[Mr. Hammond.]

Question put, That the amendment be made:—

The Committee divided: Ayes 4, Noes 9.

The Chairman, being of the opinion that the principle of the clause and any matters arising thereon had been adequately discussed in the course of debate on the amendments proposed thereto, forthwith put the Question, pursuant to Standing Orders Nos. 68 and 89, That the clause stand part of the Bill.

Question agreed to.

Clause 2 ordered to stand part of the Bill.