My Lords, a key element of the recently announced fire reform agenda is the creation of a new independent inspection
regime for fire and rescue. Amendments 120 and 122, tabled by my noble friend Lord Lindsay, relate to persons and bodies appointed by the chief fire and rescue inspector and an English inspector respectively to deliver the inspection function.
The Government do not believe that Amendment 120 is necessary. Clause 11 is modelled on provisions for the inspection of policing and is deliberately broad to provide the chief fire and rescue inspector with flexibility in who they may appoint as an assistant inspector, or other officers, for the purpose of assisting English inspectors. The Government could have listed certain professions or qualifications in the Bill for who could be appointed, but that would be interpreted as an exhaustive list, or would influence the chief inspector on their appointments. Therefore, I assure my noble friend that there is nothing stopping the chief inspector appointing persons covered by his amendment—indeed, there may be some merit in their doing so if needed—but the amendment does nothing to further the Bill as such persons are not precluded.
Turning to Amendment 122, this issue was raised during the Bill’s Commons Report stage. My ministerial colleague, the Minister for Policing and the Fire Service, has exchanged letters with Bob Neill MP and Jim Fitzpatrick MP since then. Therefore, my comments will come as no surprise.
Whereas Amendment 120 deals with the appointment of individuals, Amendment 122 to Schedule 3 covers the appointment of bodies as the recipient of delegated functions. Paragraph 2 of Schedule 3 allows for an English inspector to arrange for the inspection function to be exercised by another public authority on their behalf. This provides a degree of operational flexibility, depending on the inspection model chosen, but it is simply not appropriate for government inspection functions —regardless of what or who they are inspecting—to be delivered by a non-public body. Importantly, for an inspectorate to undertake robust inspections they must have access to information, premises and persons—powers granted in statute. I do not doubt the high standards private bodies operate to, but such invasive powers should be delivered only by those holding public office to avoid any conflict of interest and ensure proper accountability for the exercise of such powers.
I recognise the valuable role UKAS provides in giving confidence to both the public and private sectors as to a person’s competence, consistency and impartiality. However, we deliberately did not add a prescriptive list to the Bill to avoid any constraint on the chief inspector appointing whoever they consider necessary and appropriate. As I said, there is nothing to stop external experts being sourced, including from the bodies covered by these amendments, but this constraint is important. In view of that, I invite my noble friend to withdraw his amendment.