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The Civil Contingencies Bill and its effect upon business continuity and emergency management

The main effect of the Civil Contingencies Bill will be to improve the UK’s emergency management arrangements, but it will also drive closer working between emergency managers and business continuity professionals. By Robin Gaddum, IBM

The Civil Contingencies Bill was published on 7th January 2004; a significant milestone in the journey towards legislation. This document is aimed at the vast majority of organisations in the UK that perceive themselves as not directly affected by the recent Civil Contingencies Bill. Those organisations that are directly affected by the Bill will undoubtedly have reviewed the draft legislation and may also have been involved in the consultation preceding the Bill. But what does this Bill mean to all those other organisations operating in the UK and their business continuity managers?

Emergency management versus business continuity management
Traditionally, emergency and business continuity planning / management professionals have viewed each other suspiciously as involved in two separate and discrete disciplines, albeit reluctantly accepting some similarities.

On the one hand, those involved in BCM have tended to regard their EM colleagues as “the tea and blankets brigade”; largely public sector and voluntary organisations tackling the bottom tier in Maslow’s hierarchy of needs – survival, shelter, sustenance – with little or no economic consideration. The grudging exception to this stereotype being those specialist groups in the privatised utility sector dealing with downed power lines, burst water mains and the like, although these groups could also be denigrated through the assertion that such actions were so routine in these organisations as to be a part of business as usual and therefore nothing exceptional in continuity terms.

On the other hand, those involved in EM might, with some justification, regard their BCM colleagues as predominantly grossly inexperienced in managing “real disasters” – those that involve destruction, loss of life and human hardship. Instead, they perceive BCM professionals as more concerned with ensuring the well-oiled wheels of industry continue to turn in their favour, in spite of the occasional unannounced fire drill or IT glitch. And oh, how much money they have to spend on such a cushy number!

What is the real difference between the two disciplines? Business continuity is organisation-centric. In other words, it arises within an organisation and is concerned with the continued survival and prosperity of that organisation alone. In this respect, it tends to be more internally than externally focussed, tackling disasters that directly affect its own operations. Emergency Management is more community-centric, sitting most naturally in the public sector and straying into the voluntary sector – it tends to be more externally focussed tackling incidents that impact, or could impact, upon the wider community.
The Civil Contingencies Bill is all about emergency management, so it does not directly affect the contingency plans of most organisations. It supports the Government’s Integrated Emergency Management (IEM) approach, which it views as “an all-embracing approach to handling disasters.” The Government’s definition of a disaster defined in its IEM approach is:

“Any event which is causing or threatening death or injury, damage to property or the environment or disruption to the community, which because of its scale cannot be handled by the emergency services or local authorities as part of their day-to-day work”.

Clearly, such disasters could require collaborative response involving many organisations beyond the emergency services. Indeed, the approach has probably been driven more by the fuel crisis and Foot and Mouth Disease than by recently emerging asymmetric terrorist threats. Nevertheless, the Bill is designed to support IEM in responding to a wide range of disasters and potential disasters that might disrupt our way of life.
This includes disruption to our critical infrastructure, resources and supply chains.

Who does the Bill Affect?
A relatively small subset of organisations are directly affected by the Bill and these generally fall into two broad categories:

Category One – Public sector (emergency services, NHS, Local Authorities, Environment Agency), where a broad range of duties exist including:
* Planning for the prevention of, or response to, emergencies.
* Risk assessment.
* Business Continuity Management.
* Warning and informing.
* Inter-agency cooperation and sharing information.

Category Two – Infrastructure / critical national resource providers (utility providers, transport companies, and the Health & Safety Executive), where a duty of cooperation exists.

So what?
My own view is that Category Two will be further broadened with time and experience of disasters to include more private sector companies as the Government becomes aware of them as being critical. These companies might not be obvious at present because they are buried somewhere deep in the supply chain, or because the particular disaster scenario has not yet been envisioned. The final Bill encompasses money, food and fuel supply within its scope. In other words, the number and type of companies affected by the Bill is likely to increase over the coming months and years leading to more widespread public-private cooperation in the UK’s resilience and continuity arrangements. But the effect of the Bill on the BCM profession runs deeper than this.

Conclusion
As far as business continuity professionals in general are concerned, the Bill will act as a catalyst for greater cooperation and collaboration with those involved in planning for, and responding to, emergencies. It should stimulate business continuity managers to broaden the scope of their plans, which in the UK are traditionally focussed upon relatively small-scale disasters affecting an organisation’s site and its immediate surroundings. These plans might usefully include a separate strategy and contingency plan for responding to external emergencies (such as the fuel crisis) and metropolitan-wide / more widespread disasters (such as flooding or contamination). In working together the disciplines of emergency and business continuity management will, I hope, find a new respect and appreciation for one another’s areas of expertise.

The UK’s Civil Contingencies Bill is a necessary and useful piece of future legislation that should enable improvements in the UK’s ability to respond to large-scale and previously unplanned for emergencies. At the end of the day, the Bill affects us all indirectly.

The Bill alone is unlikely to be sufficient. Whilst it sets out a useful framework and responsibilities, managing available resources will be key to support the manpower, equipment, joint operating procedures development, training and exercising needed to ensure that it will work as effectively as intended when the need arises. Clear delineation of responsibilities and co-ordination mechanisms between central and local government will also be required. Until these issues are addressed, the Government’s stated aim of using the Bill to improve UK resilience is unlikely to be achieved in full.

Further reading
To find out more about the Civil Contingencies Bill readers are referred to:
http://www.ukresilience.info/ccbill/

About the author
Robin Gaddum is a senior consultant with IBM Global Services in the UK and responsible for leading the UK consulting team for IBM’s Business Continuity and Recovery Services. He can be reached at gaddumr@uk.ibm.com

IBM Business Continuity and Recovery Services
IBM Business Continuity and Recovery Services (IBM) is a leading provider of business resilience, continuity and disaster recovery solutions. IBM is able to draw upon more than 35 years experience in assisting clients to develop and implement their business continuity strategies and plans. As part of this service, IBM has completed thousands of engagements, large and small, on behalf of over 5,000 clients across a range of industries around the world.

IBM’s Crisis Response Team has responded to countless emergencies, including earthquakes in California, Colombia, Turkey, Greece, Taiwan, El Salvador, India and Peru and has managed, supported, and restored operations following floods, hurricanes, hailstorms, tornadoes, ice storms, volcanoes, civil unrest, hazardous material situations, the Oklahoma City bombing and the World Trade Center disaster.

To learn more about IBM Business Continuity and Recovery Services in the UK, click here. Or contact us at BCRSHELP@uk.ibm.com T: 01926 464103

© Copyright retained by IBM Corporation, 2004

Date: 16th January 2004 •Region: UK •Type: Article •Topic: BC general
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UPDATED 8TH MARCH 2004




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