Powers of fire-fighters etc in an emergency etc
Fire and Rescue Services Bill
11:15 am
Mr Philip Hammond (Runnymede and Weybridge, Conservative)
The clause deals with the powers of firefighters in an emergency. Amendment No. 129 is intended to make what appears to me to be an essential extension to the powers proposed in the Bill. It would enable firefighters to deal with a situation in which a fire was about to break out. There are powers in the Bill for a firefighter to
''do anything he reasonably believes to be necessary—
(a) if he reasonably believes a fire to have broken out, for the purpose of extinguishing the fire or protecting life or property'',
and there are similar provisions in relation to road traffic accidents and other emergencies. Subsection (1)(d) mentions acting
''for the purpose of preventing or limiting damage to property resulting from action taken as mentioned in paragraph (a), (b) or (c).''
However, what is not provided for is the case that I have in mind: breaking into premises to prevent the outbreak of fire. A firefighter, using his skill and knowledge, might have a reasonable expectation that a fire is about to break out. For example, if he is aware that a gas leak has occurred on the premises and that there is also a source of naked flame, he might reasonably conclude that, unless he can get in there and do something about it, a fire will break out. It would be absurd if he had to wait outside until the explosion occurred, or until he saw the fire, before he could break into the premises and deal with the situation. That would not be in anybody's interest.
The only reason that I can see for the Minister to reject the amendment is if he can show the Committee that firefighters enjoy that power by virtue of some other provision. I have not been able to find such a provision, but I am ready to be enlightened. Such power is essential and if it does not exist, firefighters must have it. They tell us that they need it, and its absence is a gap in the panoply of powers that the clause confers on them.