Clause 11 - Power to respond to other eventualities
Fire and Rescue Services Bill
4:30 pm

Photo of Mr Phil Hope

Mr Phil Hope (Parliamentary Under-Secretary, Office of the Deputy Prime Minister; Corby, Labour/Co-operative)

As I said, clause 11 is only part of the answer. Parts of the Bill allow fire and rescue authorities of all kinds to purchase and distribute smoke alarms if they so wish. I was trying to explain why clause 11 is relevant, but other clauses are also relevant. Fire and rescue authorities can be confident in doing what they have done previously—they will be empowered to do so in future as well.

Amendment No. 62 would specify how fire and rescue authorities could secure equipment in order to discharge their powers under clause 11. It would limit the authorities to securing provision by acquisition or agreement with third parties who own or control such equipment. It covers particular ways of securing equipment.

Clause 11 gives clear statutory authority to fire and rescue authorities to equip themselves for and respond to incidents that pose a risk to life and to the environment. The fire and rescue service welcomes such clarity. Adding what appears to be an avoidance of doubt measure in amendment No. 62 would, frankly, do the reverse: it would create uncertainty about the powers of the fire and rescue authority to secure provision under other parts of the Bill: for example, clauses 7 and 8.

I assure the hon. Gentleman that the clause is not a power to requisition. In fact, I am unaware of any

circumstance where there is doubt about the ability of a fire and rescue authority to secure equipment if it has a statutory function to discharge. I hope that with that reassurance he will agree that there is no need for the amendment.

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