Localism Bill

My Lords, I do not think that I can reassure the noble Baroness about everything at this stage, as she asked a lot of detailed questions of which I had no notice. I will ensure that she receives a full reply to the many questions that she has raised. However, that does not mean that I am not going to answer the other points. Amendment 29 aims to remove the similar provision in Clause 9; that is, in new Section 5A(1). The aim is to provide the appropriate national authority with powers to prevent stand-alone fire and rescue authorities from exercising the general power to do anything specified, or of a specified description or to set conditions around the use of the power. The noble Baroness referred to restrictions on innovative finance, which I mentioned earlier. The argument for keeping the provision is also strong for fire and rescue authorities. For example, the power could be used to protect firefighter/public safety or the Exchequer from novel or risky financial transactions. This takes us back to the previous discussion on new Section 5A(1). We are most concerned about any financial arrangements or financial transactions which may or may not be justified and over which nobody has any control, although I admit that that is not covered in the Bill. These provisions provide a necessary safeguard, given the breadth of the new power, to ensure that risks are managed and can be managed. For a new order made under new Sections 5C(3) and 5C(4), the appropriate national authority must consult and adopt the affirmative procedure. This should ensure that the order is subject to rigorous parliamentary scrutiny. The effect of Amendment 30 would be to remove entirely the charging provisions set out in Clause 10 in new Sections 18A, 18B and 18C. That would mean that the fire and rescue service would not be able to charge for any functions under the Bill. Charging is optional—it is a ““may”” in the Bill—and subject to a local consultation. It is capped at up to full actual cost; that is, not for profit. This enables the fire and rescue service to cover its costs for providing services, but it particularly excludes individual and domestic premises. Fire and rescue authorities are funded to maintain an efficient service. There is no explicit funding for ancillary activities that have increasingly fallen to brigades by default. The noble Baroness made some suggestions about cats up trees and cows in ditches. I have here the words ““animal rescue””, which probably amounts to the same thing, and reference to the provision or removal of water in non-emergency situations. Flooding would therefore be covered. There would be other provisions along those lines. Indeed, there is increasing demand for the provision of such services, and that is why the existing charging provisions have been updated in the Bill and why the authorities may make charges. The noble Baroness will know—she made this point—that charging for some functions has been possible since the Fire Services Act 1947. This power was replicated by Section19 of the Fire and Rescue Services Act 2004. Clause 10(3) of the Bill, which is not removed by this amendment, repeals the Section 19 charging powers in the 2004 Act. Removing the inserted provisions in Clause 10 while repealing Section 19 would mean that fire and rescue authorities would be unable to make any charge for these services. The noble Baroness also inquired about whether any assessment of insurance had been made. Perhaps I may include an answer on that in my written reply, because of the detail involved. I turn finally to Amendment 31 about education and reducing deaths. I immediately accept what the noble Baroness said about there having been a welcome reduction in death over the past few years. We believe that fire safety education is a cost-effective means of reducing fire deaths and injuries. Community safety campaigns such as Fire Kills have achieved significant success. Under Section 19 of the Fire and Rescue Services Act 2004, fire and rescue authorities can already charge for giving advice to persons in relation to premises where a trade, business or other undertaking is carried out. However, it was never the Government’s intention to enable charging for community fire safety or prevention activities, and I will reflect on the best way to achieve our aim. However, I owe the noble Baroness an apology, because in my recent letter, I said that the Fire and Rescue Services Act 2004 covers the promotion of fire safety as a core function. However, the Bill does not repeal this function and, therefore, fire and rescue authorities will not be able to charge for this service. I apologise for the error in my letter. Our intention was that it should not be possible to charge for core functions such as community fire safety prevention. Perhaps I may make that absolutely clear. Fire fighting and emergency medical assistance are highlighted in Clause 10, proposed new Sections 18A and 18B. We have received advice that as community fire safety and prevention is not excluded from general charging provision, charging is possible. We will seek further and urgent advice. We need to come back to this issue at Report. Given the advice we have received, particularly on this aspect of charging and cost-effective advice to persons and fire safety education, my complete understanding is that we do not want to charge for them, but in order to make that absolutely clear, we will come back to this issue. I hope that the noble Baroness will not press her amendments.