Fire and Rescue Service (Jersey) Law, 201-
Report
Overview
This draft Law updates the statutory requirement to provide for the maintenance and functions of the States of Jersey Fire and Rescue Service. It will replace the Fire Service (Jersey) Law, 1959 which was introduced at a time when the Service was only expected to focus on fighting fires; since then, the role of the Service has changed significantly.
The new statutory requirements and revisions in the draft Law are already being delivered by the Fire & Rescue Service, who are trained and equipped to deal with a wide range of emergencies but without any statutory requirement to do so. Existing powers already enable a firefighter to do whatever he or she believes to be necessary to extinguish or prevent a fire. The draft Law expands these powers, supporting the operational activities of a firefighter at road collisions, land and sea rescues and other emergencies.
This new framework of powers and duties will equip Jersey’s Fire & Rescue Service to meet future challenges. It enables the Minister to decide, in consultation with the community, how and where to deploy the Service’s resources. The draft Law therefore provides a stronger basis for the Service’s ability to respond to the range of risks. It also imposes on the Minister for Home Affairs a range of statutory duties to promote fire safety, and to prepare for fighting fires and protecting people and property from fires; rescuing people from road traffic collisions; dealing with inshore sea rescues, cliff rescues and firefighting at sea; and dealing with other specific emergencies, such as flooding or terrorist attack, which may be specified by Order and can be amended in line with how the role of the Service may change in the future.
Background
The Fire Service (Jersey) Law, 1959 was enacted to make provision for the establishment of a fire service for duty throughout the Island, for better protection of property against damage by fire and for other ancillary matters. The 1959 Law closely replicated the then current UK legislation, the Fire Services Act 1947. The UK Fire Service Act 1947 was repealed in 2004 and replaced with the Fire & Rescue Services Act 2004. The main purpose of that piece of legislation was to deliver a modernised Fire & Rescue Service capable of responding to the demands of the 21st Century and protectings the community.
When the Fire Service (Jersey) Law, 1959 was introduced, the States of Jersey Fire Service (as it was then titled) was expected to focus on fighting fires, and the Law was therefore restricted to this function. The demands on the Service, however, have moved on since the 1959 Law provided it with a statutory function relating exclusively to fighting fires. All the other major functions that the Service now fulfils are discretionary, albeit some have been provided for many years. These ‘voluntary’ duties include a vastly increased educational role in providing public protection through community safety work; and increased rescue activities which include freeing trapped passengers from vehicles, containing chemical spills, rescuing people in difficulties at sea or high places, aiding people affected by flooding or undergoing search and rescue activities.
The draft Fire Service (Jersey) Law 201- will repeal the 1959 Law and replace it with legislation that more appropriately reflects the modern role of the Fire & Rescue Service in Jersey. It provides for the maintenance and functions of the States of Jersey Fire & Rescue Service, as previously established by the Fire Service (Jersey) Law 1959. It provides for the appointment of the Chief Fire Officer as the head of the Service and stipulates that the Service is responsible to the Minister for its operations.
The States of Jersey Fire & Rescue Service is modelled on the UK Fire and Rescue Service framework, particularly that of the South West Region. It has a similar managerial and organisational structure and delivers services of the same type and quality as would be found in the UK. It is involved in a number of initiatives and partnerships including fire safety initiatives, training, procurement and operational doctrine. The Chief Fire Officer is a member the Chief Fire Officers Association South West Region. The draft Fire and Rescue Service (Jersey) Law 201- is based on the UK Fire and Rescue Services Act 2004. Operating under similar primary legislation will make it easier for the Service to continue to participate fully in these, and further shared activities and it is essential for mutual aid protocols. It is logical, therefore, that fire service legislation in Jersey continues to be based on UK legislation.
In line with the UK Fire & Rescue Services Act 2004, the draft Law recognises the expanded rescue role of the Fire & Rescue Service in Jersey beyond its traditional fire-fighting role by placing a statutory duty on the Home Affairs Minister to make provision for rescuing people in the event of a road traffic collision and rescuing people from dangerous places such as cliffs.
The draft Law also provides the Minister with authority to make provision for other emergencies such as inshore sea rescue or mass decontamination following a terrorist/hazardous materials incident and humanitarian services such as animal rescues or serious flooding. This is particularly important because the public in Jersey already expects the Fire & Rescue Service to be able to deal with these types of incidents, as demonstrated when the centre of St Helier became flooded in 2010.
The draft Law authorises the Chief Fire Officer to act to deal with any situation that may be harmful to persons, property or to the environment. It enables him or her to do so outside Jersey, whether on land or sea. In particular, he or she may do so in support of another fire and rescue service with which the Minister has agreed a reinforcement scheme under Article 14 of the draft Law, which provides legal authority to deal with incidents such as a fire onboard a ferry.
The draft Law places a greater emphasis on the prevention of fire by creating a new duty promoting fire safety in Jersey. This is to include general information, publicity and encouragement in respect of steps to prevent harm caused by fire; general community and domestic advice about fires; and the provision of technical fire safety advice for trade, commercial, professional and public purposes. This will underpin the shift toward a more prevention-based approach, thereby helping to save more lives by reducing the number of fires occurring in the first place.
The Fire Service (Jersey) Law, 1959 includes the power to employ Fire Service personnel and equipment for purposes other than firefighting and to make a charge for its use, known as a special service. The draft Law also enables the Minister, by Order, to set charges for action taken by the Fire and Rescue Service. It does, however, place conditions on what the Service can charge for and how a charge is levied. A charge cannot be made for any of the following:
(a) the promotion of fire safety (except technical fire safety advice for trade, commercial, professional or public purposes, if given otherwise than under the Fire Precautions (Jersey) Law 1977);
(b) extinguishing fires or protecting life or property in Jersey, road accidents or rescues under Article 9 of the draft Law;
(c) providing emergency medical aid; or
(d) action taken in Jersey under Article 13 of the draft Law i.e. acts taken to deal with any situation that may be harmful to persons or property, or to the environment.
The Fire Service (Jersey) Law, 1959 enables a firefighter who believes that a fire has broken out or is about to break out, to do whatever he or she believes to be necessary to extinguish or prevent it and to protect life and property. The draft Law also includes this and expands the powers of firefighters beyond this to support their operational activities in respect of road accidents, land and sea rescues and other emergencies.
The Fire Service (Jersey) Law, 1959 provides a power to obtain information for firefighting purposes by inspection or otherwise. The draft Law extends this power to enter a premise to conduct an investigation into what caused the fire or why it progressed as it did. This also includes supplementary powers, for example the ability to be accompanied by assistants and equipment, to require persons on the premises to provide facilities and assistance, to inspect and copy records, and to conduct tests and take samples.
The draft Law provides for the criminal liability of officers of bodies corporate and limited liability partnerships that commit offences under any Articles of the Law.
A consultation on the draft Law was undertaken in June 2010, with subsequent minor amendments being made to the draft Law.
Below is the full list of the organisations consulted:
- Airport Rescue and Fire Service
- Chief Minister’s Department
- Comité des Connétables
- Comité des Chefs de Police
- Emergency Planning Officer – Chief Minister’s department
- Explosives Ordnance Disposal Officer
- Explosives Licensing Officer
- Health and Safety Department
- Jersey Harbours
- Jersey Water
- Planning & Environment Department
- Jersey Property Holdings
- Scrutiny Office
- States of Jersey Police
- States of Jersey Ambulance Service
- The Association of Jersey Architects
- Transport and Technical Services Department
A Scrutiny Hearing on the draft Law took place in September 2010. It highlighted that the new requirements and revisions in the draft law are already being delivered by the Fire & Rescue Service personnel, who are trained and equipped to deal with a wide range of emergencies but without any statutory requirement to do so. The draft Law will clarify and codify the role of the Fire & Rescue Service and ensure it has the appropriate statutory footing to deliver its services.
Financial and Manpower Statement
There are no additional financial or manpower implications for the States arising from the adoption of this draft Law. Implementing the draft Law in a CSR environment will have no adverse affect. It will reinforce the service expected by the public without the need to increase manpower requirements or finance.
Current and future Fire & Rescue Service CSR proposals will provide efficiencies and savings without loss of front-line services. The main change will enable the Minister, by Order, to charge for technical fire safety advice given commercially or to repeated attendance at malfunctioning fire alarm premises. Charges cannot be imposed unless the person concerned is told before the action is taken, and the Minister may in writing, and setting out his reasons, waive a charge.
The draft Law recognises the wider role the Service now plays and provides it with the flexibility to adapt to future manpower changes.
European Convention on Human Rights
All provisions of the law are compatible with the Convention Rights.
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