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

Johnny Mercer Excerpts

Wednesday 25th January 2023 General Committees

[The Minister for Veterans’ Affairs (Johnny Mercer)]

I beg to move,

That the Committee has considered the draft Civil Contingencies Act 2004 (Amendment of List of Responders) Order 2023.

It is a pleasure to serve under your chairmanship, Mr Twigg. The order was laid before the House on 6 December. I think we all agree on the importance of improving the UK’s resilience, and the recently published resilience framework illustrates the need for clear roles and responsibilities in order to drive planning activity across the risk lifecycle.

This statutory instrument will provide for exactly that by creating the legal basis for improved co-operation, information sharing and integration between both the Meteorological Office and Coal Authority and the wider list of categorised organisations operating at local level in the United Kingdom. It will deliver those important changes by making both organisations category 2 responders as defined under the Civil Contingencies Act 2004, in turn bolstering the planning activities conducted by local resilience forums in England, a further commitment of the new resilience framework. That will ensure that they are well integrated in wider emergency planning frameworks, able to collaborate in the development of localised risk assessments, and contribute information and expertise to support local resilience forums—otherwise known as LRFs—in planning for and responding to emergencies.

Both organisations hold information and experience that is integral to the process of civil protection, with the Met Office able to support effective management of severe weather risks and the Coal Authority positioned to ensure that due consideration is given to the unique risks presented by our industrial heritage. Approximately 25% of property across the UK is located on a 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, coal tip slips as well as metal mine pollution incidents, with extreme weather often heightening the likelihood of those risks materialising.

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 in 2001. That Act establishes a framework for civil protection in the UK. It imposes a clear set of roles and responsibilities on those organisations with a role to play in preparing for and responding to emergencies.

Category 1 responders are those organisations that collectively form the core of local emergency preparedness and response. They include emergency services, local authorities, health bodies—including NHS England, foundation trusts and integrated care boards—His Majesty’s 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 it create the basis for these organisations to collaborate through LRFs, where all responders can come together to ensure effective multi-agency emergency preparation and response. Regulations made under the CCA also place a duty on responders to help to co-ordinate risk assessment at their local level through the production of the community risk register, which ensures that the LRF 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 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 coalmining 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 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.

Although the organisations already work closely with local partners, our consultation and engagement with LRFs indicated that without their integration in the legal framework, that work was taking place in an inconsistent or ad hoc way. Categorising the organisations will ensure that they are able to systematically share information and co-operate with local resilience forums across the UK in a more regulated and structured way. Ultimately, that will improve the preparedness of local partnerships to respond to incidents related to coal mining or severe weather and strengthen their ability to protect the public and save lives.

The instrument is being made using powers set out in section 13(1) of the Civil Contingencies Act 2004, which allows a Minister of the Crown to amend the list of categorised responders. It will add the Met Office and the Coal Authority to the list “Category 2 Responders: General” under part 3 of schedule 1 to the Act. Importantly, these amendments do not add significant financial burdens to the Met Office or the Coal Authority, as the organisations are already equipped to perform these additional duties under their current budgets, with a de minimis impact assessment completed in December 2022.

The provisions will be implemented across the UK, and we have consulted officials from the devolved Administrations throughout the process. We have also formally notified each Administration, via ministerial letters, of our intention to lay the instrument, and all devolved Administrations were supportive of the inclusion of these agencies as categorised responders for the whole United Kingdom. I thank each Administration for their engagement and collaboration.

I hope that colleagues will join me in supporting the draft regulations, and I commend them to the Committee.

--- Later in debate ---

[Johnny Mercer]

I thank my hon. and learned Friend the Member for Eddisbury and the hon. Member for Putney for their contributions. I hope to answer some of their questions.

I can only apologise for the fact that between 2004 and 2010 everything was absolutely perfect and that since 2010 it has been a total car crash. I have no idea why that might have happened; I am sure it has nothing to do with the change of Government.

Let me answer a couple of questions. The framework sets out the Government’s intention to make fundamental improvements to UK resilience, but the hon. Member for Putney wants a detailed strategy to get into, so I will write to her with that. I will ensure that she understands clearly what that strategy is. That is extremely important.

Why does the draft order include only two additions to the list? There is always a balance in getting organisations into these things: ensuring that those critical to local resilience planning are on the list, without it being too onerous. There can always be arguments about why there are only two additions and why there are not more, but that is where the line has been drawn at the moment.

On the legislation being late, we have an obligation to review every five years, but we may review and amend at any time. It is fair to say that it is important that we allow lessons to be learned from covid. As for adding more organisations—as much as I have enjoyed this morning, I have no plans to come back next week to do the same thing—this is an ongoing process. On the issue of when the situation changes, the Government have demonstrated flexibility with this review by updating the framework and adding the Coal Authority and the Met Office to the list, to ensure that the legislation is appropriate and responds the challenges we face under the Civil Contingencies Act.

My hon. and learned Friend the Member for Eddisbury asked a very good question about Northern Ireland—to which I do not know the answer, I am afraid. I will write to him with the details. The draft order has been agreed across the devolved authorities—it is important to make that clear. Elected representatives in Northern Ireland are happy that this is covered and the same effects are achieved, but to ensure that I get the answer right, I will write to him about the specific levers used in Northern Ireland to achieve the same outcome.

To conclude, the Civil Contingencies Act delivers a strong framework for protection in the UK. Categorising the Met Office and the Coal Authority as responders strengthens that framework further and recognises the integral role of those organisations in national preparedness. I hope that colleagues will join me in supporting the draft order, which I commend to the Committee.

Question put and agreed to.