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

Fleur Anderson Excerpts

Wednesday 25th January 2023 General Committees

[Fleur Anderson (Putney) (Lab)]

It is a pleasure to serve under your chairmanship this morning, Mr Twigg. I am pleased to be speaking to this statutory instrument.

Labour will be supporting the instrument; these two additions to the list of responders—the Coal Authority and the Met Office—are sensible and necessary. However, the legislation gives rise to more questions over the Civil Contingencies Act 2004 and how ready we as a country are for the next major emergency. Two of the questions raised by the legislation are: why is it so late, and why are only two more organisations being added to the list?

The Civil Contingencies Act is an excellent piece of legislation and a Labour invention, introduced in 2004, but it is important to note that the Government at the time recognised that it would need to change and adapt over time. Between 2004 and 2010, the Government attempted to improve and develop it; sadly, since 2010 it has been left to gather dust and deprioritised by successive Conservative Governments. This is only the second SI introduced on the Act in the past 10 years, despite all the threats and dangers that we have faced and the learning from them, including the pandemic. The changes made on those occasions were piecemeal and fairly inconsequential.

It is not just the Opposition saying that. I have been speaking to experts for over a year now and finding out more and more about this interesting and necessary field of government. Those experts include members of the National Preparedness Commission, who are also concerned about the lack of proactive development of civil contingencies policy since 2010.

The Minister highlighted the national resilience framework published by the Government just before Christmas, and there is also the post-implementation review of the Civil Contingencies Act that was carried out last year. Notwithstanding the fact that it was late, why is this just a framework? Why is it not a strategy, as originally promised? Where is the detail and the meat behind it? More to the point, why has it taken a deadly pandemic to force any kind of action or review of the Act? The whole point of civil contingencies is to continually plan ahead, think ahead and deliver ahead, but all the Government seem to do is react when it is too late.

I return to the purpose of the instrument. It is all well and good adding these two further organisations to the list of responders but, going ahead, a more fundamental issue needs to be addressed: communication between all these responders. As the National Preparedness Commission has pointed out in its review of the Act, the mechanism for effectively building relationships between the local resilience forums and the category 2 responders—all responders—that can work in a crisis is very weak. The Minister highlighted the often inconsistent and ad hoc nature of that. In fact, the report says that category 2 responders are seen as second-class citizens, which is eroding the sense of partnership on which resilience depends. Resilience depends entirely on partnerships that spring into action to prepare and deliver in an emergency. We saw that most acutely during the pandemic, with whole sectors brought into the covid-19 response on a scale never seen before.

I advocate a shift in the Government’s thinking towards investing more in improving the relationship between category 1 and category 2 responders, and supporting local resilience forums. We could add as many organisations as we wanted to the list, but if they were not ready and had little or no relationship with category 1 responders, it would all be pointless. On that point of adding more organisations, does the Minister plan to do that? Will we be back again next week and the week after?

The National Preparedness Commission has recommended adding several more organisations to the list, including the Animal and Plant Health Agency, the Food Standards Agency, the internal drainage boards, operators of COMAH and REPPIR sites—under the control of major accident hazards, and the radiation emergency preparedness and public information regulations—the UK oil pipeline system, the Oil and Pipelines Agency, the Crown Estate, and St John Ambulance and other charitable ambulance services. It further recommended that the status of the British Red Cross as an auxiliary to the UK Government, with its particular and valuable capabilities in planning, needs assessment and humanitarian assistance for emergencies, should be recognised in statutory guidance.

Does the Minister intend to bring forward further instruments to add more agencies to that important list? What other reforms are being brought forward following the post-implementation review?

To summarise, we support the draft instrument, but it cannot end here. A lot more work needs to be done in this area, and we need to go further and deeper if we are to get an Act that delivers on its purpose of keeping all British residents and citizens safe. I will be grateful for the Minister’s thoughts on the questions I have asked.