Scottish Government

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EXECUTIVE SUMMARY

1 On 14 December 2004, the Scottish Executive launched consultation papers on three key aspects of Scotland's Fire and Rescue Service. The consultations covered arrangements for providing strategic policy advice to Ministers, when and for which tasks fire authorities should be allowed to levy charges, and what additional functions, on top of their functions as defined in sections 8, 9, 10 and 61 of the Fire (Scotland) Act 2005, fire and rescue authorities should be required to undertake. This paper reports on responses to the paper on the Future Advisory Structure. We invited views on who should provide advice, and how, to Scottish Ministers on strategic matters relating to a key public service: the Fire and Rescue Service.

2 Generally, respondents considered that the current advisory structure needed to be more dynamic and less bureaucratic. The majority of respondents favoured one of two options. Ministers will now give further consideration to the relative merits of those two options and make an announcement in due course.

INTRODUCTION

Background

3 The Scottish Central Fire Brigades Advisory Council (the Council/ SCFBAC) and its English counterpart the Central Fire Brigades Advisory Council ( CFBAC) were established under the Fire Services Act 1947 (the 1947 Act). The CFBAC was abolished last year by the Fire and Rescue Services Act 2004 and an alternative advisory structure for England and Wales has been established.

4 The Fire (Scotland) Bill was introduced in Parliament on 28 June 2004. The Bill was passed by Parliament on 23 February 2005 and received Royal Assent on 1 April 2005. Section 84 of the Act provides for the abolition of the SCFBAC.

5 On 14 December 2004, the Scottish Executive launched a consultation paper inviting views on a future advisory structure for the Fire and Rescue Services in Scotland. 8 categories of interest groups were identified as key stakeholders which formed the basis for the distribution of the consultation paper:

• Local government
• Scottish Parliament
• Government depts/organisations
• Trade unions and staff associations
• Professional bodies/trade associations
• Business sector
• Equality and diversity groups
• Others

6 The consultation paper can be accessed on the Scottish Executive website at http://www.scotland.gov.uk/consultations/justice/sfrsc-01.asp . We had invited views on six models outlined in the consultation paper. These included models put forward by some stakeholders in responses to previous consultations and in evidence during the passage of the Bill through the Scottish Parliament.

7 The consultation period ended on 8 March 2005 and responses were received from 28 organisations and individuals. Generally, there was a view that the current advisory structure needed to be restructured. Of the models outlined in the paper, Model 2'Reconfiguration of the existing structure' and Model 5'Three Level Approach' were clearly the most popular with respondents. There was a fairly even split between them with a slight preference for Model 5.

Consultation methods

8 As well as being available on the Scottish Executive's website, 147 hard copies of the paper were distributed to key stakeholders including the 32 local authorities, 8 Fire Authorities, 8 Firemasters, the Convention of Scottish Local Authorities ( COSLA), the Society of Local Authority Chief Executives and Senior Managers ( SOLACE), the Chief Fire Officers' Association (Scotland) ( CFOA), the Fire Brigades Union ( FBU) and 6 other trade unions/staff associations. A copy was sent to the Scottish Parliament's Justice 2 Committee, each of the political parties represented in the Scottish Parliament and a further 10 copies were placed in the Scottish Parliament Information Centre.

9 Copies were also sent to the Office of the Deputy Prime Minister ( ODPM), the Scotland Office, the National Assembly for Wales, the Northern Ireland Executive, the Health and Safety Executive ( HSE), the Scottish Environment Protection Agency ( SEPA), the Scottish Civic Forum, the Scottish Youth Parliament, the Commission for Racial Equality, the Fire Industry Confederation, the Association of Chief Police Officers in Scotland ( ACPOS) and the Equal Opportunities Commission. A full list of those consulted is at Annex A.

10 A questionnaire was provided that covered all three consultations and consultees were offered the opportunity to complete it online or submit a paper copy. The majority of responses were received in the form of a completed questionnaire with 5 submitted using the online facility.

RESPONSES

Responses received

11 By the end of the consultation period on 8 March 2005, 21 responses had been received and an extended deadline had been agreed with a number of stakeholders to allow their comments to be submitted for consideration. A further 7 responses were received giving a total of 28 responses received .

12 Responses were received from:

• 7 fire and rescue authorities
• CFOA
• 12 representatives from local authorities
• COSLA
• The Fire Brigades Union ( FBU Scotland)
• the Health and Safety Executive
• Scottish Environment Protection Agency ( SEPA)
• Association of Chief Police Officers (Scotland) ( ACPOS)
• Mr IMC Scade (Fire Investigation and Risk Management)
• Chivas Brothers Limited
• Scottish Ambulance Service

Publication of responses

13 All 28 responses were non-confidential and a list of the respondents is at Annex B. The text of the responses is available from the Scottish Executive Information & Library Service, Saughton House, Broomhouse Drive, Edinburgh EH11 3XD and on the 'Consultations' page of the Scottish Executive website at http://www.scotland.gov.uk/Publications/2005/04/06174643/46441 .

14 Table 1 provides a breakdown of the number of responses received by interest group.

Table 1: Respondents by interest group

15 Table 2 provides a more detailed analysis of respondents, including responses received from respondents who had not been specifically targeted.

Table 2: Details of Respondents by interest group

FINDINGS

16 Respondents were invited to respond to a questionnaire covering all three consultation papers. Questions 5 to 8 of the questionnaire covered the proposals for the Future Advisory Structure and below is a summary of the options chosen and issues raised in response to each question.

Advisory Structure (Questions 5 - 8)

Section 84 of the Act provides for the abolition of the Scottish Central Fire Brigades Advisory Council ( SCFBAC) and the consultation paper outlined a number (six) of advisory structure models which had been suggested to replace it, in the responses to the previous consultations and in evidence during the passage of the Bill. Respondents were invited to consider each model and offer their view.

Q5. Of the 6 models outlined in Chapter 3 of the consultation paper, which one do you prefer?

17 Table 3 provides a breakdown by interest groups of the respondents choices for their preferred model. Models 2 and 5 were clearly the most popular, with a very slight preference for model 5.

Table 3: Breakdown of chosen models as selected by interest groups

18 Addressing each of the four supported models in descending order of support, the following paragraphs provide a brief summary of the comments received.

19 Those supporting model 5 generally viewed it as an easily understood framework that offered a clear structure and practical communication links and did not preclude the Minister from seeking impartial advice. One respondent commented that the three level approach related directly to the three levels at which the Fire and Rescue Service in Scotland currently operated.

20 Generally, comments in support of model 2 were that it offered a flexible framework that retained the strengths of the existing system while addressing some of its criticisms by providing a more dynamic, less bureaucratic and more strategically focussed framework. The task and finish groups were seen as a more strategic approach to ensuring comprehensive coverage of issues affecting the Fire and Rescue Service in Scotland. One respondent commented that this model supported a structure which identified environmental impact as a strategic issue which could be discussed in a multi-disciplinary forum.

21 Respondents supporting model 6 commented that it would offer Scotland the opportunity to participate in a UK approach, including in respect of resilience, with the ability to set up 'task and finish' groups to deal with specific Scottish issues. However, one of the respondents who chose this model stated that none of the 6 options were satisfactory and suggested an alternative joint partnership model of a joint COSLA/Ministerial Political Forum. They considered that this would set strategic direction and decision-making, to be served by joint working amongst senior local government officers, fire and rescue services, SE and other key stakeholders.

22 Those supporting model 4, viewed it as the most comprehensive option and the one that afforded the widest involvement of all stakeholders. It was commented that the proposed structure related directly to the three levels currently in operation. One respondent recognised the concerns raised in the consultation paper regarding the resource costs of this model and offered an alternative which reduced the number of sub-groups from 7 to 3. They proposed that the "Wilful Fire Raising Forum" and the "Community Safety Forum" could be incorporated into the "Fire Safety Advisory Board" and the "Equality Forum" and the "Best Value Procurement Forum" could be incorporated into the "Framework Policy Forum".

23 Respondents opted for models 1, 4 and 6 as the least preferred options:

• 14 opted for model 1
• 7 for model 6
• 4 for model 4

24 The general view from respondents was that the final detail of any new structure should be subject to further detailed discussions with appropriate stakeholders. It was commented that the formal role of the current Fire Interests Task Group should be considered in any advisory structure.

25 The Health and Safety Executive ( HSE) was keen to have formal input/participation and already sat on the Practioners Forum for England.

26 One respondent recognised scope in Model 2 for setting up an Environment Task and Finish Group and suggested that membership could comprise COSLA, SOLACE, CFOA, Scottish Fire Service Inspectorate, Historic Scotland and potentially the Fisheries Research Service (fires on sea going vessels).

27 One respondent suggested that the Association of Principal Fire Officers ( APFO) should be included in the membership for its preferred model (2), and also suggested that the Institute of Fire Engineers should be removed.

28 COSLA saw their main involvement as being at the Employer level of their preferred option (5) but welcomed the opportunity to advise Ministers directly. Although satisfied with the suggested membership, COSLA contended that as the employer they should be the main player with regards to decision making. COSLA also commented that they valued practitioner input but would wish to filter the information given to Ministers. They also sought clarification on how the practitioner level would work in practice.

CONCLUSIONS

29 The broad consensus recognised that the current advisory structure needed to be more dynamic and less bureaucratic. Of the models outlined in the consultation paper, 2 and 5 were clearly the most popular with a very slight preference (1 extra vote) for model 5.

CONSULTATION EXERCISE: FINAL REPORT

30. In the light of the response to the consultation, Ministers propose to consider further the relative merits of the two options favoured by the majority of respondents (Options 2 and 5), and announce their decision in due course.

ANNEX A

LIST OF KEY STAKEHOLDERS FOR CONSULTATION

Local Government
Convenors of fire boards
Firemasters
Chief Fire Officers Association ( CFOA)
Chief Executives of local authorities
Convention of Scottish Local Authorities ( CoSLA)
Society of Local Authority Chief Executives and Senior Manager ( SOLACE)
Association of Chief Police Officers (Scotland) ( ACPOS)

Scottish Parliament
Justice 2 Committee
Scottish Labour Party
Scottish Liberal Democrats
Scottish Conservative and Unionist Party
Scottish Nationalist Party
Scottish Socialist Party
Scottish Green Party
Scottish Senior Citizens' Unity Party
Dennis Canavan, MSP
Ms Jean Turner, MSP
Ms Margo MacDonald, MSP
Scottish Youth Parliament
Scottish Parliament's Information Centre

Other Government Departments/Organisations
Scottish Fire Services College
Health and Safety Executive
Scottish Environment Protection Agency ( SEPA)
Maritime and Coastguard Agency
Scotland Office
National Assembly for Wales
Northern Ireland Executive
Office of the Deputy Prime Minister ( ODPM)
Audit Scotland
Cairngorms National Park Authority

Trade Unions/Staff Associations
Fire Brigades Union ( FBU)
Scottish Trades Union Congress ( STUC)
Retained Firefighters Union ( RFU)
Fire Officers' Association
Association of Principal Fire Officers
UNISON

Professional Bodies/Trade Associations
Institution of Fire Engineers
Association of British Insurers
Emergency Planning Society
Forestry and Timber Association
World Fire Statistics Centre
Royal Institution of Chartered Surveyors ( RICS) in Scotland Building Control Forum
Scottish Association of Building Standards Managers

Equality and Diversity Groups
Positive Action in Housing
Commission for Racial Equality
Equal Opportunities Commission
Action of Churches Together in Scotland
Scottish Interfaith Council
Scottish Human Rights Centre
African and Caribbean Network
West of Scotland Racial Equality Council
Grampian Racial Equality Council
Tayside Racial Equality Council
Central Scotland Racial Equality Council
Edinburgh and Lothians Racial Equality Council
Scottish Gypsy/Traveller Association
Scottish Refugee Council
Black Community Development Project
BEMIS
Inclusion Scotland
Scottish Disability Equality Forum
Disability Rights Commission
Enable
SENSE Scotland
Capability Scotland
Royal National Institute for the Blind ( RNIB)
Royal National Institute for Deaf People ( RNID)
Scottish Association for Mental Health
Scottish Council on Deafness
Glasgow Women's Library
Engender
Scottish Council of Jewish Communities
Equality Network
Lesbian, Gay, Bisexual and Transgender ( LGBT) Youth
Age Concern Scotland
Help the Aged
OUTRIGHT Scotland

Business Sector
Confederation of British Industry ( CBI)
Federation of Small Businesses
Forum of Private Businesses
Institute of Directors
Scottish Chambers of Commerce
Scottish Retail Consortium
Scottish Food and Drink Federation
Fire Industry Confederation
Mason Communications Ltd
Avecia
Firebreak Services Ltd
British Automatic Sprinkler Association Ltd
Chubb Fire Scotland
Gent Ltd
Kidde plc
Fire Investigation and Risk Management
Scotch Whisky Association
Emergi-Lite Safety Systems

Others
Scottish Council for Voluntary Organisations ( SCVO)
Volunteer Development Scotland
Scottish Civic Forum
Scottish Ambulance Service
Fire Protection Association
Fire Service Research and Training Trust
Fire Services National Benevolent Fund
Building Research Establishment
Arson Prevention Bureau
Mountain Rescue Committee of Scotland

ANNEX B

LIST OF RESPONDENTS

Local Government

• East Ayrshire Council
• Central Scotland Fire and Rescue Service
• Lothian and Borders Fire Board
• Scottish Borders Council
• North Lanarkshire Council
• Grampian Fire Board
• Dumfries & Galloway Fire Authority
• Strathclyde Fire Board
• Association of Chief Police Officers (Scotland) ( ACPOS)
• Aberdeen City Council
• South Lanarkshire Council
• Angus Council
• East Renfrewshire Council
• East Dunbartonshire Council
• West Lothian Council
• Tayside Fire Board
• Renfrewshire Council
• Chief Fire Officers Association (Scotland)
• Highland and Islands Fire Board
• Convention of Scottish Local Authorities ( CoSLA)
• Fife Fire Authority
• Stirling Council

Other Government Depts/Organisations

• Health and Safety Executive
• Scottish Environment Protection Agency

Trade Unions and Staff Associations

• Fire Brigades Union Scotland

Business Sector

• Chivas Brothers Limited

Others

• Mr IMC Scade (Fire Investigation & Risk Management)
• Scottish Ambulance Service