Clause 12 - Other services
Fire and Rescue Services Bill
4:45 pm
Mr Philip Hammond (Runnymede and Weybridge, Conservative)
I beg to move amendment No. 65, in
clause 12, page 7, line 4, at end insert
'so long as such provision does not impair the authority's discharge of the functions conferred on it by sections 6, 7, 8 and 9'.
This is a simple amendment. The clause provides fire and rescue authorities with the power to provide the services of their employees and equipment for any purpose that they consider appropriate, inside or outside their area. It refers to commercial services that might be provided by the authority, such as pumping water, filling ponds and emptying swimming pools. It is useful to have those resources available for the benefit of the community, and we have no difficulty with the proposals because the services are being provided to individuals and the authority is acting no differently from any other service provider.
The amendment was tabled to emphasise that those services should never be provided at the expense of the core functions that are imposed on the fire authorities. We cannot have every appliance from the Wiltshire and Swindon fire authority pumping out the Greenwich swimming pool of the Minister of State when buildings all over Wiltshire are burning down.
I am sure that the Under-Secretary agrees with the sentiment of the amendment, and if he can assure us that the performance of the services under clause 12 must always be secondary to the statutory functions of the fire and rescue authority, it may not be necessary to pursue the amendment.
Mr Phil Hope (Parliamentary Under-Secretary, Office of the Deputy Prime Minister; Corby, Labour/Co-operative)
I can give the hon. Gentleman the assurance that he requires. Amendment No. 65 would restrict the power under clause 12 for fire and rescue authorities to provide services extraneous to their core functions as set out in clauses 6 to 9, and it would mean that an authority could take on a service only as long as it did not adversely affect its core duties under those clauses. The amendment is unnecessary; it is implicit that an authority must make provision for the efficient discharge of its core duties as set out in those clauses, and it would be in possible breach of its legal obligation were it not to do so for whatever reason.
Fire and rescue authorities already undertake activities that are of benefit to the wider community; for example, as the hon. Gentleman described, using pumping equipment to help to drain a village or community pond, but not my right hon. Friend's non-existent swimming pool.
Mr Nick Raynsford (Minister of State (Local and Regional Government), Office of the Deputy Prime Minister; Greenwich and Woolwich, Labour)
The Thames is my swimming pool.
Mr Phil Hope (Parliamentary Under-Secretary, Office of the Deputy Prime Minister; Corby, Labour/Co-operative)
And it is now a much cleaner swimming pool in which one can bathe, thanks to our environmental improvement services.
As with other non-fire services, this type of community service is currently provided using discretionary powers under section 3(1)(e) of the 1947 Act. The clause provides the authorities with the power to use their equipment or personnel for any purposes that they believe appropriate and wherever they choose. That power complements other powers in clause 11 that provide the authorities with discretion to equip for and respond to events or situations where there is a risk to people or the environment.
I hope that, given that reassurance, the hon. Gentleman will seek to withdraw the amendment.
Mr Philip Hammond (Runnymede and Weybridge, Conservative)
I am grateful to the Under-Secretary for his reassuring words. He has clarified the position and it is good to have that in the record. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 12 ordered to stand part of the Bill.