Minutes of Meeting of The Highland and Islands Fire Board held in the Council Chamber, Highland Council Headquarters, Glenurquhart Road, Inverness on Thursday, 24 November 2011 at 1.05 p.m.
Present
Representing the Highland Council:
Mrs L Munro, Mr D Mackay, Mr D Henderson, Dr A Sinclair, Mr R Durham, Mr E Hunter, Mrs H Carmichael, Mr F Parr, Mr R Balfour, Mr I Renwick, Mr D Fallows, Mr I Ross (Substitute)
Representing Comhairle nan Eilean Siar:
Mr N M MacLeod, Mr C Nicolson, Mr P Carlin, Mr I MacKenzie
Representing Orkney Islands Council:
Mr A Drever (by video conference), Mr B Leslie
Representing Shetland Islands Council:
Mr A Cooper, Mr A Duncan
Officials in attendance:
Mr T Johnson, Chief Fire Officer
Mr M Holme, Depute Chief Fire Officer
Mr B Wilson, Deputy Assistant Chief Officer/Head of Operations
Mr S Hay, Head of Community Risk Management
Mr M Jenks, Deputy Assistant Chief Officer/Head of Corporate Services, Highlands and Islands Fire and Rescue Service (HIFRS)
Mr A Macleod, Property Manager
Mrs M Grigor, Treasurer’s Office
Ms M Morris, Clerk
Ms L Lee, T/Assistant Clerk
Mr S Taylor, Clerk’s Office
Mrs T Bangor-Jones, Clerk’s Office
Also in Attendance:
Mr S Torrie, Head of the Scottish Fire and Rescue Advisory Unit (SFRAU)Peer Support Group:
Mr D Dalziel, Chief Fire Officer, Grampian Fire and Rescue Service
Mr D Miller, Assistant Chief Fire Officer/Director of Corporate Services, Lothian and Borders Fire and Rescue Service
Mr A Hay, Deputy Chief Fire Officer, Tayside Fire and Rescue Service/ SFRAU
Mr R Durham in the Chair
1. Apologies for Absence
Apologies for absence were intimated on behalf of Mr D Flear, Mrs I Campbell, Mrs G Ross, Mrs P Munro and Mrs M Paterson, The Highland Council.
2. Declarations of Interest
There were no declarations of interest.
3. Preliminaries – Order of Items
The Board AGREED that item 7 on the agenda (Minutes of the Joint Consultative Group) be taken after item 9 (Capital Programme Update).
4. Service Improvement
i. The Scottish Fire and Rescue Advisory Unit (SFRAU) – Presentation
There had been circulated Report No. fire-51-11 (127kb pdf) dated 18 November 2011 by the Clerk which advised that the Mr Steven Torrie, Head of the Scottish Fire and Rescue Advisory Unit (SFRAU) had written to the Clerk outlining his concerns over the challenges faced by the Board in the practical implementation of the Service Improvement Plan, and requesting a meeting to discuss the issues raised in his letters dated 10 August and 4 November 2011 (circulated as Appendices to the report). In consultation with the Convener and Vice Convener, arrangements had therefore been made for Mr Torrie to make a presentation to the Board.
The Service had changed from a voluntary to a retained basis in 2005, and at that time a requirement for 95 stations had been identified. Whilst a programme for station build had been progressed, the training, supervision and management requirements in delivering a service over a wide geographical area, with low call-out rates, had not been as fully recognised. Following a number of incidents across the UK which had resulted in fire fighters and authorities facing legal action under Health and Safety legislation, it had been identified that the Board was now at significant risk from the following four areas:
- the Service’s ability to maintain competence and operational supervision of its existing Retained Duty Stations
- the Service’s ability to sustain the employment of staff for intervention purposes in areas of very low operational activity
- the significant liability that the Board would be exposed to from external scrutiny
- the need for the Board’s Improvement Plan to now focus on the safety of Firefighters and the community.
As a result of the risks identified the Board’s Improvement Plan should focus on the safety of Firefighters and the community.
In response to a request from the Chief Fire Officer for assistance in reducing this risk as quickly as possible, a Peer Support Team (PST) had been drawn together, on a voluntary basis by Mr Torrie, comprising Mr D Dalziel, Chief Fire Officer, Grampian Fire and Rescue Service; Mr D Miller, Assistant Chief Fire Officer/Director of Corporate Services, Lothian and Borders Fire and Rescue Service; and Mr A Hay, Deputy Chief Fire Officer, Tayside Fire and Rescue Service/ SFRAU.
Mr Torrie tabled a document outlining a proposed way forward, including identification of gaps in firefighter and community safety, and assistance with developing an action plan and resource realignment. Should the Board agree this approach, a funding protocol would need to be agreed on cost recovery between the Highlands and Islands Fire and Rescue Service (HIFRS) and the PST. The proposed approach would enable the Chief Fire Officer to operate with autonomy, taking decisions relating to operational matters on the basis of risk. The Board’s scrutiny role would still be assured for significant decisions such as the closure of any stations.
Members recognised that the issues were very serious, and welcomed the report. Concern was expressed that the position had not been picked up by Audit. However, now that the Board had been made aware of the position, it was imperative that action was taken to address the issues as soon as possible, including prioritising the provision of additional training for retained units, especially those called out on a regular basis.
The Chief Fire Officer welcomed the PST, and advised that some actions had already commenced. In response to questions, he gave an assurance that all stakeholders, including staff and the Representative Bodes would be involved in the process. A full report would be brought to the January 2012 Board at which time consideration could be given to whether a Member Working Group should be established, or, given the far reaching implications of some of the actions likely to be required, whether all decisions should be taken by the full Board.
Following discussion, the Board NOTED:
i. the tabled informal paper prepared by SFRAU setting out proposals for Peer
Support of the HIFRS;
ii. the points raised by the Head of the Scottish Fire and Rescue Advisory Unit in his letters dated 10 August and 4 November 2011;
iii. the work underway between the Chief Fire Officer and the Peer Support
Team and the support offered.
The Board AGREED:
i. that the Chief Fire Officer be given autonomy to make operational decisions,
with only significant issues (such as the closure of any stations) being
referred to the Board for approval;
ii. that the Chief Fire Officer, in consultation with the Convenor and Vice
Convenor, bring a report to the January 2012 meeting of the Board
detailing how the Board should proceed in addressing the risks identified by
the head of the Scottish Fire and Rescue Unit;
iii. that the January Board, once in possession of this information, decide
whether to establish a Working Group to deal with issues raised, or whether
matters should be taken forward by the full Board, with additional (Special)
meetings being called as required; and
iv. that where possible, additional training be delivered at the earliest
opportunity for Retained Units, especially those units called out on a regular
basis.
ii. Service Improvement Update
There had been circulated for noting Report No. fire-52-11 (32kb pdf) dated 16 November 2011 by the Chief Fire Officer which provided Members with an update on Service Improvement.
The Chief Fire Officer having summarised the report, the Board NOTED the position.
5. Minutes of Meeting of 26 August 2011
There had been submitted for confirmation as a correct record and were APPROVED the Minutes of Meeting on 26 August 2011, subject to the Service’s Carbon Management Plan (Item 17) being amended to read “….the baseline for the Service had been calculated as 1,700 tonnes. The target was for a 15% reduction by 2014”.
6. Minutes of Special Meeting of 25 October 2011
There had been circulated for confirmation as a correct record and were APPROVED the Minutes of the Special Meeting held on 25 October 2011 subject to the venue being amended to “The Town House, Castle Street, Inverness”.
7. Minutes of Meetings of Best Value and Audit Working Group 16
September and 11 November 2011
There had been circulated minutes of meetings of the Best Value and Audit Working Group held on 16 September 2011 (29kb pdf) and 11 November 2011 (34kb pdf). Further to discussions at the November Working Group meeting, there was also circulated Report No. fire-53-11 (22kb pdf) dated 15 November 2011 by the Chief Fire Officer, which set out the financial assumptions that would feed into the draft Revenue Budget for the Highlands and Islands Fire and Rescue Service for the financial year 2012/13.
The Deputy Assistant Chief Officer/Head of Corporate Services summarised the main points of the report. Whilst a “flat cash” budget was anticipated for 2012/13, the effects of inflation meant that, even if the pay freeze continued, the investment required in the Service meant that further savings of £749,000 above those already identified would be required to balance the 2012/13 budget. It was highlighted that the budget made an assumption that there would be no pay increase in 2012/13. A 1% pay increase would cost £175,000. It was recognised that the Constituent Authorities faced restricted budgets and seeking additional requisitions would create significant difficulties.
In answer to questions raised, the Chief Fire Officer advised that it was unlikely that the 230 vacant posts for retained staff would be filled due to recruitment difficulties in in areas of low population. There was no ban on recruitment, but when a post became vacant, a business case required to be made, demonstrating operational need. This was unlikely to present a difficulty for units with low numbers.
The Board APPROVED the minutes of the Best Value and Audit Working Group held on 16 September and 11 November 2011 subject to the amendment of the final sentence of Item 4 of the latter to read “…. to recommend to the Board that it agree that the Service explore methods to address the anticipated 2012/13 revenue budget overspend identified in the Budget Assumptions paper”.
The Board NOTED:
i. the content of the circulated report and the assumptions being adopted in
preparation for the 2012/13 budget; and
ii. that the report by Audit Scotland on its recent Best Value Audit of Scottish
Fire Services would be circulated to Members once available.
8. Revenue Monitoring
There had been circulated for noting Report No. fire-54-11 (19kb pdf) dated 15 November 2011 by the Chief Fire Officer which set out the current position of the Revenue Monitoring Statement for the period to 31 October 2011 and the forecast year-end out-turn.
The Deputy Assistant Chief Officer/Head of Corporate Services drew attention to unforeseen items of expenditure - £258,000 training; £90,000 equal treatment of part time workers, and £50,000 single status. It was anticipated that the year-end position would be overspend of £184,000.
In response to Member questions, additional information was given as to the expenditure headings included under “other”, and what was involved in Command Competence training.
The Board NOTED the contents of the report.
9. Capital Programme Update
There had been circulated Report No. fire-55-11 (44kb pdf) dated 15 November 2011 by the Chief Fire Officer which provided Members with an update on the latest capital funding assumptions and a recommendation to delay the capital programme; a summary of expenditure and income relating to the Highland and Islands Fire Board capital programme, recorded in the ledger as at 31 October 2011; and a summary of progress against the major capital projects.
The Deputy Assistant Chief Officer/Head of Corporate Services drew attention to the main points in the report. In particular, as it appeared uncertain that the anticipated £310,000 additional capital funding from the Scottish Government would be received, a realignment of the capital programme was being proposed, which would minimise the impact on reserves in the current year. This action would ensure that finance was available to assist in the provision of essential training.
The Property Manager summarised the position with regard to property and projects. Progress was generally on target, but if the capital plan was changed this would affect the delivery programme. This would not compromise operational capability.
In answer to questions raised, Members were given detailed information regarding the arrangements for transport of materials to Fair Isle. They were also informed that, given the increasing complexity of fire engine construction and associated health and safety legislation, the in-house construction of appliances by the Service Workshops had ceased a number of years ago. It was now more economical for such vehicles to be obtained from specialised firms using national procurement opportunities. The workshops now focussed on maintaining the fleet, which had increased in size in recent years.
With regard to progress on the sale of surplus properties, Members were advised that most buildings were in poor condition and therefore unlikely to raise significant sums. Due to a number of issues relating to title, progress was slow. Members requested that this process be expedited.
Following further discussion, the Board NOTED the content of the report and that the CFO would continue to liaise with the planning authority in relation to renewal of planning permission for stations at Torridon and Kinlochewe, and that Member support in this regard would be welcome, where this did not comprise a conflict of interests for Councillors in terms of their role on planning committees.
The Board APPROVED:
i. with immediate effect, the realignment of the build programme, thereby
minimising the need to use revenue reserves to finance capital projects in
2011/12;
ii. the utilisation of revenue reserves to fund the current predicted revenue
overspend and assist in the funding of the 2012/13 revenue budget;
iii. a maximum additional expenditure of £8,000, at the discretion and approval
of the Chief Fire Officer, to permit additional boat charters to the Fair Isle, if
it was deemed necessary in order to maintain programme on the Fair Isle
project and reduce the impact of risk;
iv. the revised budget of £206,000 for the Kirkwall development; and
v. the use of select tender procedure for the mains switchgear replacement at
Inverness fire station.
The Board AGREED:
i. that a list of estate disposals and a timetable for coming to the market be
presented to a future board meeting; and
ii. to pursue with vigour £310,000 capital grant, agreed by CFOAS, which had
still not been released by the Scottish Government.
10. Minutes of Meeting of Joint Consultative Group – 7 November 2011
There had been circulated for approval the Minutes of Meeting of the Joint Consultative Committee held on 7 November 2011 (30kb pdf).
The Convener having reported that discussions between management and the Trades Unions were continuing, the Board APPROVED the minutes, subject to amendment of the final sentence to read: “...recalled to the meeting. Representatives of the Retained Fire Fighters Union and the Fire Officers’ Association also joined the meeting at this point. All present were informed of the JCG’s decision.”
11. Single Status and Programme Board Workforce Protocols
There had been circulated Report No fire-56-11 (145kb pdf) dated 16 November 2011 by the Chief Fire Officer which reminded Members that at the August Board meeting, approval had been given to commence the Single Status Programme. The report provided information on recent developments at a national level which impacted on that decision.
The Deputy Chief Fire Officer summarised the content of the report. Members having commented that it would be beneficial to resolve the outstanding issues in early course, the Board AGREED that authority be delegated to the Chief Fire Officer to:
i. adopt the Chief Fire Officers’ Association Workforce Protocol (Appendix 1),
whilst retaining the best interests of the Highlands and Islands Fire and
Rescue Service; and
ii. deal with any effect the Protocol might have on the Single Status process.
12. Performance Reports - Second Quarter 2011/12
There had been circulated for noting Report No. fire-57-11 (14kb pdf) dated 15 November 2011 by the Chief Fire Officer on Service performance for the period 1 July to 30 September 2011. Copies of the Performance Reports referred to in the report were circulated at the meeting.
In response to Member questions as to whether remote and rural areas were prioritised for home fire safety checks, being more distant from a fire station and therefore more vulnerable, the Chief Fire Officer advised that vulnerable groups across the Highlands were targeted evenly, but that a weighting could be introduced if required. He also gave an assurance that the Service worked with partner agencies when carrying out safety checks on vulnerable people.
In response to questions, information was provided to Members in relation to recording systems for retained station activity, categorisation of fires, savings on loan charges, the hoax calls strategy and the use of enforcement notices on care homes.
The Board NOTED the contents of the report and the information given.
13. Community Safety: Draft Community Safety Strategy 2011-2014
Action Plan; and Community Safety Strategic Scrutiny Review:
Scotland Together Update and Compliance with Future Legislation
There had been circulated Report No. fire-58-11 (390kb pdf) dated 15 November 2011 by the Chief Fire Officer on the development of a Community Safety Strategy. Copies of the Draft Community Safety Strategy and Action Plan were appended to the report. There had also been circulated Report No. fire-59-11 (155kb pdf) dated 15 November 2011 by the Chief Fire Officer, on the third of the six agreed Strategic Scrutiny Reviews as previously agreed by the Board: “Draft Community Fire Safety Plan - Matters Arising from Scotland Together and Compliance with Future Legislation”. Members were informed that the “Draft Community Safety Plan” was now entitled the “Community Safety Strategy 2011-2014 Action Plan”.
A presentation was given by the Head of Community Risk Management relating to both the reports. Information was provided on the legislative drivers behind the Community Safety Strategy Action Plan, and its key elements and targets, and also on the background to the Scotland Together initiative, and its outcomes, including proposed changes to legislation.
Members welcomed the Strategy and the increases in performance, and thanked officers for their hard work.
In response to comments made in discussion, Members were advised that funding for future community safety activities was becoming more difficult to obtain. Any support Members were able to give to the Service in this regard would be welcomed.
In discussion, Members strongly advocated that the incorporation of sprinklers whenever a house was built or renovated, become a mandatory requirement under buildings standards regulations. This would benefit the householder, the Fire Service and insurance. Given that buildings standards were understood in some instances to be geared to local conditions (for example, stronger roofs were a requirement in the Western Isles) a way forward might be to discuss possibilities with the four constituent authorities. Officers advised that an “off-the-shelf” domestic sprinkler system was being developed and was hoped to be available soon. However, the system required a mains water supply, which was not usually available in remote places. Work to promote the use of sprinkler systems continued at a national level. Following pressure from the Chief Fire Officers’ Association for Scotland (CFOA(S)), sprinklers were now mandatory in schools and care homes.
The Board NOTED:
i. the content of the reports, including the update provided on compliance
with future legislation;
ii. that the previously referred to “Draft Community Safety Plan” was now
entitled the “Community Safety Strategy 2011-2014 Action Plan”; and
iii. the good progress made by CFOA(S), incorporating the Highlands and
Islands Fire and Rescue Service (HIFRS) and other Scottish FRS and key
partners in taking forward the ‘Scotland Together’ recommendations.
The Board AGREED:
i. to adopt Highland and Islands Fire Board Community Safety Strategy and
Action Plan, subject to the amendment of wording within section three to
read “Highlands Road Safety Partnership”; and
ii. to lobby the Scottish Government, through CFOA(S) or as appropriate, for
legislation to be introduced which required sprinkler systems as part of any
new rural housing, and for the Highlands and Islands to pilot this scheme.
14. Automated Fire Alarms Attendance and Reduction Strategy Update
There had been circulated Report No. fire-60-11 (28kb pdf) dated 16 November 2011 by the Chief Fire Officer which provided an update on the implementation of the AFA Attendance and Reduction Strategy which Members had previously approved.
The Board NOTED the progress made by the Service in communicating and engaging with the business and commercial sector in implementing the Board’s AFA Attendance and Reduction Strategy, acknowledging that a suitable risk assessment process would be applied.
15. Industrial Action Sub Committee
There had been circulated Report No. fire-61-11 (24kb pdf) dated 15 November 2011 by the Chief Fire Officer which provided a proposal to establish an Industrial Action Sub Committee to consider the Service’s approach to preparing for and dealing with proposed or possible industrial action by public sector worker unions, providing a mechanism for the Board to make urgent decisions through delegated powers.
In speaking to the report, the Chief Fire Officer advised that although industrial action was not imminent at present, contingency plans had been drawn up as far as possible for foreseeable incidents. However, it was unknown how retained fire fighters might respond to a call for strike action.
The Board:
i. APPROVED the formation of an Industrial Action Sub Committee comprising
the Convener and a representative from each of the four Island Authoritie:
Mr A Drever (Orkney Islands Council), Mr P Carlin, (Comhairle nan Eilean Siar),
Mr A Duncan (Shetland Islands Council) and Dr A Sinclair (The Highland
Council); and
ii. AGREED to delegate powers to the Group to make critical decisions on
behalf of the Board in relation to industrial action, with a remit to review the
work of the Service with regard to its arrangements for dealing with possible
industrial action by trades unions, in particular to:
- provide a forum through which urgent policy review and policy development could be considered in a dynamic manner, making decisions as appropriate
- act as a mechanism to ensure that Board Members were kept informed of service proposals to address any industrial action by employees
- establish an integrated communication system, ensuring that how and when the Service/Board communicate with all interested parties was clearly defined
- ensure elected Members were updated on all aspects of the dispute/action
- ensure effective communication with stakeholders, employees and the media was conducted.
16. Corporate Governance
The Board NOTED that the Treasurer to the Board was Mr Derek Yule, the new Director of Finance at The Highland Council.
17. Maritime Incident Response Group (MIRG)
There had been circulated Report No. fire-62-11 (37kb pdf) dated 11 November 2011 by the Chief Fire Officer which provided an update on the current position regarding Maritime Incident Response Group (MIRG). To provide the ability to respond to incidents on vessels as sea, the Service maintained four teams as part of the arrangements for MIRG. Since 2006, the Maritime and Coastguard agency (MCA) had provided a partial financial payment to support this. In February 2011, the MCA had announced that they would be unable to continue this funding beyond March 2011.
The issue had been referred to the UK Government’s Transport Select Committee who had published their report in June 2011. The MCA had been required to make a Ministerial Submission to the Minister for Shipping in September 2011. The outcome of this was that MCA funding for the MIRG would cease from 14 December 2011.
The Chief Fire Officer explained the options which were now open to the Board. If the Scottish Fire and Rescue Service intended to provide an offshore marine capability, then it would make sense for the current MIRGs to continue to operate; however, this would only be possible if funding was provided to cover costs.
Following discussion, the Board AGREED:
i. that current arrangements continue until 31 March 2012, with appropriate
short term team function efficiencies being made to reduce the impact of
the withdrawal of Marine and Coastguard Agency (MCA) funding;
ii. that approaches be made to clarify the future need / support for an
offshore marine capability within the future Scottish Fire and Rescue Service
before the 31 March 2012, securing full funding as appropriate; and
iii. that should the future support for HIFRS capability be not secured and
supported, then the current arrangements cease from 1 April 2012 and the
monies previously allocated be reinvested to bridge the identified Service
Improvement requirements.
18. Scottish Fire Conveners’ Forum
There had been circulated Report No. fire-63-11 (186kb pdf) dated 17 November 2011 by the Clerk which briefed Members on key issues discussed at the most recent meetings of the Scottish Fire Conveners Forum not covered elsewhere in this agenda. A copy of the Minutes and a briefing note from the Forum meetings held on 28 September and 26 October 2011 respectively were appended to the report.
The Convener reported that he had been asked to represent the Scottish Fire Convener’s Forum on the Scottish Government’s reform Sub Group, which reported to the Ministerial Advisory Group (MAG), and that he had been requested to chair the Sub Group. The Highland Council had agreed that he be supported in this role by the Assistant Clerk.
The Board welcomed the Convener’s appointment and otherwise NOTED the report.
19. Schedule of Meetings 2012
It had been recommended that this Board meet in 2012 on the following dates:
- Friday, 27 January 2012
- Friday, 30 March 2012
The Board AGREED the above schedule of meetings for the year 2012 and that the Clerk makes the necessary arrangements, and NOTED that meetings of the Police Board would take place the day before the Fire Board meetings.
20. Exclusion of the Public
The Board RESOLVED that, under Section 50A(4) of the Local Government (Scotland) Act 1973, the public be excluded from the meeting for the following item on the grounds that it involved the likely disclosure of exempt information as defined in Part 1 of Schedule 7A of the Act, the relevant paragraphs being shown.
21. Award of Tender – New Fire Station, Whalsay, Shetland
Paragraphs 6, 8 and 9
There had been circulated to Members only copy tender award valuation report relating to this project. As the sum involved exceeded the relevant prescribed sum permitting the exercise of delegated powers, the approval of the Convener and Vice Convener had ben obtained. The contract had been awarded on 27 September 2011.
The Board HOMOLOGATED the award of tender as set out in the report, and NOTED that some capital expenditure on the project would be delayed until the next financial year, as agreed at item 9 above.
All Fire Service Officers left the meeting at this point.
22. Minutes of Meeting of Appointments Sub Committee – 11 November 2011
Paragraph 1
There had been circulated to Members only and APPROVED Minutes of Meeting of the Appointments Sub Committee held on 11 November 2011, and in doing so, NOTED that the Sub Committee had agreed:
i. to continue the current acting up arrangements to the positions of Chief
Fire Officer and Deputy Chief Fire Officer until the point at which the
Highlands and Islands Fire and Rescue Service (HIFRS) was taken over by
the Scottish Fire and Rescue Service (SFRS); and
ii. that at the point where HIFRS was taken over by the SFRS, the officers
would revert to their substantive posts.
The meeting ended at 4.00 p.m.