UK Parliament / Open data

Civil Contingencies Act 2004 (Amendment of List of Responders) Order 2023

My Lords, this order was laid before the House on 6 December. I think we are all agreed on the importance of improving UK resilience, and the recently published resilience framework illustrates the need for clear responsibilities in order to drive planning activity across the risk life cycle.

This instrument will do exactly that by creating the legal basis for improved co-operation, information sharing and integration between the Meteorological Office and the Coal Authority and the wider list of categorised organisations operating at the local level across the UK. It will deliver these important changes by making both organisations category 2 responders as defined under the Civil Contingencies Act, in turn bolstering the planning activities conducted by local resilience forums in England—a further commitment of the new resilience framework.

This will ensure that these bodies are well integrated within wider emergency planning frameworks and able to collaborate in the development of localised risk assessments and to contribute information and expertise to support local resilience forums in planning for and responding to emergencies. Both organisations hold information and experience that is integral to the process of civil protection. The Meteorological Office is able to support effective management of severe weather risks, and the Coal Authority is positioned to ensure that due consideration is given to the unique risks presented by our industrial heritage.

I was amazed by this: approximately 25% of property across the UK is located on the coalfield, and the Coal Authority responds to a wide range of incidents, including, but not limited to, subsidence, sudden ground collapses, emissions of water or gas and coal tip slips, as well as

metal mine pollution incidents, for which it also has responsibility. As we all know, extreme weather and flooding, which we have increasingly experienced, often heighten the likelihood of risks materialising in these areas.

The Civil Contingencies Act, also known as the CCA, was introduced in 2004 following a review of emergency planning arrangements as a result of the fuel crisis and severe flooding in 2000, as well as the outbreak of foot and mouth disease. The Act establishes a framework for civil protection in the UK. It imposes a clear set of roles and responsibilities on organisations with a role to play in preparing for and responding to emergencies.

Category 1 responders are organisations that collectively form the core of local emergency preparedness and response. These include emergency services, local authorities, health bodies, HM Coastguard and government agencies. Category 1 responders are subject to the full set of statutory civil protection duties, including assessing risks to inform contingency planning, warning and informing the public, and putting in place business continuity arrangements.

Category 2 organisations, which include the Health and Safety Executive and utilities and transport operators, are co-operating bodies and, although less likely to be involved in the heart of planning work, are heavily involved in incidents that affect their own sector. Category 2 responders have a statutory duty to co-operate and share relevant information with other category 1 and 2 responders. The Act and regulations made under the CCA create the basis for these organisations to collaborate through local resilience forums where all responders can come together to ensure effective multiagency emergency preparation and response.

Regulations made under the CCA also place a duty on responders to help co-ordinate risk assessment at their local level through the production of the community risk register, which ensures that local resilience forum members hold a consistent understanding of the hazards and threats across their area.

The CCA is reviewed every five years. The most recent post-implementation review was laid before the House in March 2022 and proposed the categorisation of the Met Office and the Coal Authority as one of its key recommendations. The Met Office and Coal Authority perform important functions in preparing for, and responding to, risks associated with extreme weather events and the coal-mining legacy. Recent examples include several heatwaves in 2022, a number of floods in recent weeks and, in the past few days, a sinkhole that has, sadly, opened up in Caerphilly. The two organisations have significant expertise and technical knowledge in their respective fields and provide critical support, such as severe weather warnings, hazard assessments, training and response planning.

While these organisations already work closely with local partners, our consultation and engagement indicated that, without their integration within the legal framework, this was taking place in an inconsistent or ad hoc way. Categorising these organisations will ensure that they are able to share information and co-operate with local resilience forums across the UK in a more regulated and structured way. This will ultimately improve the

preparedness of local partnerships to respond to incidents related to coal mines or severe weather and strengthen their ability to protect the public and save lives.

This instrument is being made using powers set out in Section 13(1) of the Civil Contingencies Act, which allows a Minister of the Crown to amend the list of categorised responders. It will add the Meteorological Office and the Coal Authority to the list of responders under the Act. Importantly, these amendments do not add significant financial burdens to the Meteorological Office or the Coal Authority as these organisations are already equipped to perform these additional duties under their current budgets, with a de minimis impact assessment having been completed in December 2022.

These provisions will be implemented across the UK, and we have consulted officials from the devolved Administrations throughout the process. We also formally notified each Administration via ministerial letters of our intention to lay this instrument. Noble Lords will be glad to hear that all devolved Administrations were supportive of the inclusion of these agencies as categorised responders for the whole United Kingdom. I therefore thank each Administration for their engagement and collaboration. I hope that colleagues today will join me in supporting the draft regulations. I commend them to the Committee and beg to move.

About this proceeding contribution

Reference

827 cc1-3GC 

Session

2022-23

Chamber / Committee

House of Lords Grand Committee
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