Section 33 — Repeals and consequential amendments

Part of Local Government in Scotland Bill: Stage 3 – in the Scottish Parliament at 4:15 pm on 8 January 2003.

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Photo of Tricia Marwick Tricia Marwick Scottish National Party 4:15, 8 January 2003

In that reply, the First Minister also said:

"In our consultation paper, which we published earlier this year, we considered repealing section 19 of the Fire Services Act 1947".—[Official Report, 19 December 2002;

c 16607.]

That was at best misleading the Parliament, because, as I and other members have explained, there was no specific reference whatever to this proposal to repeal section 19 of the 1947 act.

Amendment 59 is sleekit, it is underhand and it strikes at the heart of the democracy of this new Parliament. To slip in an amendment that will deny any scrutiny of the proposals is to legislate by diktat. The purpose of the amendment is to allow the closure of fire stations and a reduction in the number of firefighters and appliances. It will take away the right of communities to be consulted about those changes. I see the minister shaking his head when I suggest that the amendment will do that specifically.

I will quote the Bain report and the reasons that it gives for recommending the repeal of section 19 of the 1947 act. In case the minister still has any doubts, I will tell him that Bain said that the Government must repeal section 19 of the Fire Services Act 1947, because, under that provision, a fire authority in Great Britain may not close a fire station or reduce appliances or firefighter posts without consent. Bain said that that is not consistent with the delegation of responsibility and effective management, which is why he believes that the repeal of section 19 of the 1947 act is needed.

What the minister has been saying today is simply not true. The Executive has taken the most contentious of all the Bain recommendations and is now trying to bludgeon it through the Parliament without allowing for any scrutiny. Delicate negotiations are going on with the Fire Brigades Union and the employers to end the present dispute. This shabby sleight of hand will inflame that situation and the responsibility for that rests squarely with the Executive and the Government.

The consultation paper said that the most significant thing to happen to the fire service in Scotland was the establishment of the Scottish Parliament, because the Parliament has responsibility for all matters concerning the Scottish fire service. I wondered why the Executive was slipping in amendment 59, but it became clear last night that, because something similar was happening at Westminster, the Executive had been telt to lodge amendment 59.

I urge the minister to withdraw the amendment. If he insists on pressing it, I urge members of all parties to combine to defeat it, to allow the Parliament the time for scrutiny that the proposal deserves and to ensure that, when fire stations are closed in future, communities will have the right to be consulted.