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Stakeholders updated on Civil Contingencies Bill

Roger Hargreaves, head of the UK government’s Head of Civil Contingencies Bill Team, has written to key stakeholders outlining the current status of the bill following its readings in the House of Commons last week.

The letter reads as follows (verbatim):
Dear Colleague,

Get free weekly news by e-mailCIVIL CONTINGENCIES BILL REPORT STAGE AND THIRD READING

The Civil Contingencies Bill had its Report Stage on Monday 24 May. Report Stage gave MPs an opportunity to debate the Bill – as amended in Committee – on the floor of the House, and to table proposed amendments as they saw fit. The debate focused principally on Part 1 of the Bill, replaying a number of issues that had been prominent in Committee discussions.

These included:

- Role of the voluntary sector – particularly whether or not there should be a statutory duty on Category 1 responders to consult voluntary sector bodies in their emergency planning work;

- Public information – including discussion of whether the Government is providing enough information about what members of the public should do in the event of an emergency; and

- Devolution – focusing on the split of responsibilities between the UK Government and the devolved administrations in the civil protection area.

The only substantive changes made to the Bill following Report Stage are the result of minor Government amendments relating to cross-border co-operation and information sharing. These amendments will ensure that provision can be made to require cooperation and information sharing between responders in Scotland and responders in the rest of the United Kingdom. The amendments also clarify the existing requirement on UK Ministers and Scottish Ministers to consult each other under certain circumstances when making regulations.

Immediately after Report Stage, the Bill received its Third Reading. The purpose of Third Reading is to allow the Commons to look at the Bill as amended in Committee and
Report, and re-affirm its decision at Second Reading to allow the Bill to proceed. Full transcripts of the proceedings at Report and Third Reading can be found at:
http://www.publications.parliament.uk/pa/cm/cmhansrd.htm.

The Bill has now passed to the House of Lords, where it will go through the same formal procedures as it did in the Commons, albeit with some minor differences. The Bill received its First Reading – which is essentially a formality, and is given without discussion – on Tuesday 25 May. The next stage of the Parliamentary process will be Second Reading. Second Reading is the point at which the House considers the general principle of the Bill. We therefore expect the debate to focus on the underlying intentions of the Bill, rather than a detailed scrutiny of each clause. It looks increasingly possible that Second Reading will take place in June, but this will of course be dependent on the availability of Parliamentary time.

Overall timetable
More generally, we remain on track to gain Royal Assent during this Parliamentary session. We expect the Bill to achieve Royal Assent around November. We will then consult publicly on the regulations and the content of the guidance. The Cabinet Office has made a public commitment that the duties under the Bill will only come into force once the consultation is completed, changes have been agreed and full supporting guidance is available, and so the duties are not likely to commence until some time after Royal Assent. Whilst the Parliamentary timetable will determine the precise timing, we currently believe that a sensible planning assumption for stakeholders is commencement of Part 1 duties in April 2005.

We know that a number of local areas are already beginning to prepare for the commencement of the duties. We welcome this work, though we would recommend that local responders are careful not to pre-empt or pre-judge the duties. The work on regulations and guidance currently underway will shape how the duties in the Bill will apply in practice, and we would advise against recasting of local arrangements until there is greater certainty. We would encourage a phased approach: a general assessment now of the impact of the Bill in broad terms; a more detailed assessment and implementation strategy when the regulations and guidance are issued in draft in the autumn; and full implementation from April 2005 onwards.

Funding of local authorities
We have received a number of enquiries from Local Authority Emergency Planning
Officers asking about changes in funding arrangements for their civil protection work. The Government has announced its intention to transfer the ring-fenced Civil Defence Grant into the mainstream Revenue Support Grant (RSG) once the duties under the Civil Contingencies Bill are in place, and we will endeavour to provide as much information as possible about this process.

If we are able to make the transfer to RSG in time for the 2005-06 financial year, we would expect to confirm this in early autumn. In terms of the level of funding, any announcement would be made as part of the provisional local government finance settlement, which provides the detail on the Government’s proposals for Formula Spending Shares (FSS) to each local authority. This will be announced towards the end of the year as is usual practice. We are maintaining a close dialogue with the LGA about this process, including whether or not any transitional arrangements are required.

Next steps
The Bill Team will issue another bulletin to update colleagues shortly after Second
Reading. As before, we would be very pleased to receive any feedback you have on this bulletin. If you have got any questions or queries about any aspect of this letter, please contact the Bill Team at ccbill@cabinet-office.x.gsi.gov.uk.

ROGER HARGREAVES
Head of Civil Contingencies Bill Team

Date: 3rd June 2004 •Region: UK •Type: Article •Topic: Terrorism
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