Keeping Scotland Safe and Strong - A Consultation on Reforming Police and Fire and Rescue Services in Scotland: Analysis of Consultation Responses

15. FIRE SAFETY

Question 24: What are your views on the benefits and/or disadvantages regarding the obligations to promote fire safety at local, regional and national levels?

Summary of proposals in the consultation document:

• SFRS to have obligations to promote fire safety at local and regional levels.
• Consideration of imposing a duty on the SFRS to adopt responsibility for promoting fire safety at national level.

15.1 56 respondents from the following respondent categories addressed this question.

Respondent category	Number of respondents	Respondent category	Number of respondents
Pol Force		LA	22
PB		Vol	2
Pol Org		CPP	5
FRS	4	NHS
FB	4	Oth	9
Fire Org	6	Individuals	4

Note: Abbreviations used in the above table are described in Table 1.

15.2 There was broad, cross-sector support for the proposal that the new Scottish Fire and Rescue Service should have obligations to promote fire safety at local and regional levels and that consideration be given to imposing a duty on the service to adopt responsibility for promoting fire safety at national level also.

15.3 10 respondents expressed the view that the duty should extend to encompass a wider community safety dimension rather than focus more narrowly on fire safety.

Perceived benefits

15.4 Respondents identified a number of potential benefits associated with the new service promoting fire safety at national, regional and local levels:

• ensures a coherent and joined up approach to promotion
• promotes consistency in approach across Scotland
• enables best practice to be readily identified and shared
• cost-effective in terms of economies of scale
• better able to utilise expertise
• in line with the concept of a single service
• promotes "buy-in" at all levels
• increases the potential for more detailed and focused campaigns.

Concerns and provisos

15.5 5 respondents urged that a national effort to promote fire safety should not detract from local campaigns reflecting local issues. One remarked:

"..the shaping of the service to meet local needs and demands is a key feature of the reform and it would be regrettable if a locally focused fire safety message aimed at tackling local situations was "overridden" by a national effort that emphasises a risk not seen as having the same level of importance locally" (LA).

15.6 Another 7 respondents (including 4 local authorities) requested that further consideration be given to how national activity will link with local initiatives. There was a call for the role of local committee work relating to fire safety to be formalised within the new structure.

15.7 5 respondents urged that sufficient budget should be allocated to support the imposition of a duty to promote fire safety at national level.

15.8 1 respondent (FRS) considered that Government should still support fire safety promotion by facilitating liaison/engagement with other Government areas such as health and education.

Question 25a): What are your views on our proposals to pass the Chief Inspector of Fire and Rescue Authorities enforcement role, under section 61(9)(b) of the Fire (Scotland) Act 2005, to the Scottish Fire and Rescue Service?

Summary of the proposal in the consultation document:

• Consideration of whether the current CIFRA enforcement role for fire safety legislation in certain Crown premises should be passed to the SFRS.

15.9 30 respondents from the following respondent categories addressed this question.

Respondent category	Number of respondents	Respondent category	Number of respondents
Pol Force		LA	8
PB		Vol	1
Pol Org		CPP	1
FRS	4	NHS
FB	4	Oth	3
Fire Org	6	Individuals	3

Note: Abbreviations used in the above table are described in Table 1.

15.10 25 respondents from a range of sectors expressed their support for the proposal; 2 individual respondents disagreed; 3 respondents provided other relevant commentary.

15.11 A recurring comment was that the proposal for a single authority to enforce fire safety legislation within all premises will result in greater consistency of approach.

15.12 A common concern was that legal conflicts of interest required to be resolved in relation to the single service potentially having to enforce legislation against the Crown through legal action.

15.13 2 respondents (both fire bodies) recommended that appropriate resources are transferred to the new service to support this additional responsibility.

15.14 2 respondents considered it important that the responsibility be seen to be carried out independently and robustly.

Question 25b): What are your views on our proposals to allow duty holders and the enforcing authority to independently refer a disputed matter to the Chief Inspector of Fire and Rescue Authorities under sections 67(1) of the Fire (Scotland) Act 2005. What safeguards, if any, should be put in place to ensure arbitration is only requested in appropriate cases?

Summary of proposals in the consultation document:

• Imposition of the existing functions of the Fire and Rescue Authorities in relation to enforcing fire safety legislation on to the new SFRS.
• The current arbitration process to continue to apply, but the requirement for a referral to be made jointly between the duty holder (a person with fire safety obligations) and the enforcing authority to be removed to allow for either party to independently request a determination.

15.15 29 respondents from the following respondent categories addressed this question.

Respondent category	Number of respondents	Respondent category	Number of respondents
Pol Force		LA	9
PB		Vol
Pol Org		CPP	2
FRS	5	NHS
FB	4	Oth	2
Fire Org	5	Individuals	2

Note: Abbreviations used in the above table are described in Table 1.

15.16 Whilst 14 respondents (largely local authorities) agreed with the proposals, many of the others had reservations. Some of the fire bodies' comments were related to the wider general principle of having a system of referral, rather than to the specific proposed change. A recurring view amongst fire bodies in particular was that referring matters directly to Government may be inappropriate, when it is ultimately a matter for courts to make a determination on matters of legal interpretation. Referral to government was perceived as having the potential to undermine the new Board and its enforcement officers. A potential alternative identified by 7 respondents was for solicitors who are trained in mediation to be commissioned to consider each dispute and provide an acceptable and independent resolution.

Potential safeguards

15.17 To prevent what one respondent (FB) predicted could be an "influx of requests", the following safeguards were suggested by either one or 2 respondents:

• Utilise a fire safety officer from another service delivery unit in the formal appeal process.
• Consider a role for the SPSO to act as an initial arbiter before the formal arbitration panel is convened.
• Undertake a review of alternative dispute resolution methods.
• Referrals could be liable for the costs incurred, to prevent frivolous or inappropriate cases being forwarded.
• Develop a criteria framework to ensure only significant issues are referred.
• Advertise previous cases through a Government website to enable case reference by duty holders to deter them from making inappropriate applications.

15.18 Summary

• Broad support was expressed for the proposal that the new Scottish Fire and Rescue Service should have obligations to promote fire safety at local and regional levels, and that consideration be given to imposing a duty on the service to adopt responsibility for promoting fire safety at national level also.
• The vast majority of those who provided a view supported the proposals to pass the CIFRA enforcement role to the Scottish Fire and Rescue Service.
• There were mixed views on the proposals to allow duty holders and the enforcing authority to independently refer a disputed matter to CIFRA.