Fire and Rescue Service (Emergencies and Humanitarian Services) (Jersey) Order 2012

Information about the publication of Ministerial Decisions

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision
providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made 24 February 2012:

Decision Reference: MD-HA-2012-0016
Decision Summary Title :	Signing of the Fire and Rescue Service (Emergencies and Humanitarian Services) (Jersey) Order 2012		Date of Decision Summary:	9 February 2012
Decision Summary Author:	Executive Officer Home Affairs		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	n/a
Written Report Title :	Fire and Rescue Service (Emergencies and Humanitarian Services) (Jersey) Order 2012		Date of Written Report:	9 February 2012
Written Report Author:	Chief Fire Officer		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Fire and Rescue Service (Emergencies and Humanitarian Services) (Jersey) Order 2012.
Decision(s): The Minister made the Fire and Rescue Service (Emergencies and Humanitarian Services) (Jersey) Order 2012.
Reason(s) for Decision: The Fire and Rescue Service (Jersey) Law 2011 enables the Minister to make an Order setting out the emergencies and humanitarian services in respect of which provision may be made by the Fire and Rescue Service, so far as provision is not already required to be made under the Fire and Rescue Service Law. Examples of such emergencies and humanitarian services would be incidents involving landslides or collapse of structures; washing away spillages or rescuing people trapped in a lift.
Resource Implications: There are no manpower implications to the Service associated with this decision.
Action required: The Executive Officer, Home Affairs to forward the signed and sealed Order to the Publications Editor at the States Greffe.
Signature:		Position: Minister for Home Affairs
Date Signed:		Date of Decision (If different from Date Signed):

Fire and Rescue Service (Emergencies and Humanitarian Services) (Jersey) Order 2012

Ministerial Report

To: Senator I. Le Marquand, Minister for Home Affairs

Senator L. Farnham, Assistant Minister for Home Affairs

S. W. Austin-Vautier, Chief Officer, Home Affairs

From: Chief Fire Officer M. James

Date: 9th February 2012

Subject: Fire & Rescue Service (Emergencies and Humanitarian Services) (Jersey) Order 2012

1. Purpose

1.1 The purpose of this report is to apprise the Minister of the current arrangements for dealing with a wide range of other emergencies and humanitarian service and to seek approval for the Fire & Rescue Service (Emergencies and Humanitarian Services) (Jersey) Order 201- to enable the States of Jersey Fire & Rescue Service to continue to make provision and respond to other emergencies and provide humanitarian services in Jersey.

2. Background

2.1 When the Fire Service (Jersey) Law, 1959 was introduced, the States of Jersey Fire Service (as it was then titled) was expected to focus on fighting fires, and the Law was therefore restricted to this function. The demands and public expectations on the Service, however, have developed since the 1959 Law provided it with a statutory function relating exclusively to fighting fires.

2.2 Until recently all other rescue and emergencies functions that the Service fulfils were discretionary, albeit some have been provided for many years. These ‘discretionary’ duties include freeing trapped passengers from vehicles, containing chemical spills, rescuing people in difficulties at sea or high places, aiding people affected by flooding or undergoing search and rescue activities, as well as provide other humanitarian services.

2.3 The new Fire and Rescue Service (Jersey) Law 2011, when appointed by the States will repeal the 52 year old law and replace it with a more appropriate legislation that reflects the modern role of the Fire & Rescue Service in Jersey. It provides for the maintenance and functions of the States of Jersey Fire & Rescue service, as previously established by the Fire Service (Jersey) Law 1959.

2.4 The new Fire and Rescue Service (Jersey) Law 2011 recognises the expanded rescue role of the Fire & Rescue Service in Jersey beyond its traditional fire-fighting role by placing a statutory duty on the Home Affairs Minister to make provision for rescuing people in the event of a road traffic collision, rescuing people from dangerous places such as cliffs in addition to making provision for extinguishing fires.

3. Dealing with other Emergencies

3.1 The new Fire and Rescue Service (Jersey) Law 2011 also provides the Minister with authority to make provision by Order in respect of other emergencies and humanitarian services not already provided for within the main articles of the law.

3.2 Article 10 of the Fire and Rescue Service (Jersey) Law 2011 allows the Minister for Home Affairs to make an Order specifying ‘Other Emergencies’ for which a provision may be made, to the extent that the Minister consider reasonable.

3.3 An emergency is defined within the Law as:

(a) an event or situation that causes or is likely to cause a person to die, to be seriously injured or to become seriously ill;

(b) an event or situation that causes or is likely to cause serious damage to property; or

3.4 The UK Fire & Rescue Service Act 2004 has taken a similar approach and in 2006 published an Emergencies Order placing a duty on the UK Fire & Rescue Service to deal with Chemical, biological, radiological, or nuclear emergencies (Hazmat Incidents) and Rescue and Protection in case of building collapse and transport accidents

3.5 Jersey’s Fire & Rescue Service provides a wider rescue role than its UK counterparts. This is due to the following reasons:

The relative isolation of the Jersey with no immediate mutual aid from surrounding county Fire & Rescue Services or other Emergency Services
The limited capabilities of the other emergencies services to under take rescue roles i.e. the Coastguard, who in the UK undertake cliff rescue and the Ambulance Service, who in the UK can call on Ambulance Hazardous Area Response Teams to work along the Fire & Rescue Service in the inner cordon.
The limited resilience of the other emergency service means that the Fire & rescue Service is sometimes called to support them at emergency incidents. This include providing emergency medical care and undertaking open land searches for missing persons.
The significant maritime risks have also resulted in the Service developing a inshore sea rescue response in support of the Coastguard and the RNLI. The States of Jersey Fire and Rescue Service have provided a 24/7 water rescue response in Jersey for the last 52 years. During this time it has launched its inshore rescue boats 2922 times and saved over a thousand lives.

3.6 The Service is very well equipped and trained to deal with a wide range of other emergencies. On average it responds to 423 other emergencies a year, approximately a third of all emergency calls.

3.7 These emergency services can be divided into four categories

Water Rescue incidents involving inshore sea rescues, inland water rescue from reservoirs and dealing with serious flooding incidents
Search and Rescue incidents involving locating or rescuing people and protecting them from serious harm in the event non road transport incident such as an aircraft crash, collapsed buildings and other structures, landslides or other natural disasters
Hazardous Materials incidents involving making safe spillages of chemical, biological, radioactive or other hazardous materials that threaten people or the environment.
Assistance to other Emergency Services such as provided medical assistance, moving heavy casualties or searching for missing persons.

4. Humanitarian Services

4.1 Article 11 of the Fire and Rescue Service (Jersey) Law 2011 allows the Minister for Home Affairs to make an Order specifying ‘Humanitarian Services’ for which a provision may be made, to the extent that the Minister consider reasonable.

4.2 Humanitarian Service incidents are where members of the public or animals are, or could be, suffering from personal distress or severe inconvenience. This will also include incidents where failure to assist could lead to a deterioration of conditions and possibly threaten life or greater distress or inconvenience. They include:

(a) the rescue of persons from lift cars;

(b) assistance to persons to gain access to places; and

(d) the rescue of animals

4.3 The Fire & Rescue Service can usually use its rescue equipment and training to provide humanitarian services and relieve distress. On average the Service responds to approximately 100 Humanitarian Service incidents per year.

4.4 The type of Humanitarian Services that the Service responds to can be classified as follows

the rescue of persons trapped in lift cars
persons locked in or out of premises
the rescue of animals
removal of objects from the body (e.g. rings, handcuffs, chains etc.) causing distress
pumping out flooded premises
making safe buildings, chimneys, aerials, scaffolding
the provision of non-emergency medical aid to persons i.e. first aid at community safety
dealing with chemical and other non-hazardous spillages that do not threaten life or the environment
pumping water from wells, swimming pools, trenches etc.
supplying of water i.e. emergency water supply for farm animals
washing down road ways and spillages following road accidents

5. Fire & Rescue Service (Emergencies and Humanitarian Services) (Jersey) Order 2012

5.1 Authority for the Service to respond to other emergencies and provide humanitarian services was provided in the under the old 1959 Fire Service (Jersey) Law, Article 6, which gave powers to Minister to ‘employ the Fire Service personnel and equipment for purposes other than fire-fighting purposes for which it appears to the Minister to be suitable, and to make such charge as may be determined for any services rendered in the course of such employment or use.’

5.2 To enable the Fire & Rescue Service to legally continue to provide assistance at other emergences and to provide humanitarian services a new Fire & Rescue Service (Emergencies and Humanitarian Services) (Jersey) Order 201- has been drafted by the law draftsman in consultation with the Chief Fire Officer

5.3 The Fire & Rescue Service (Emergencies and Humanitarian Services) (Jersey) Order 201- specifies those additional emergencies, as detailed in sec 3.7 of this report, in respect of which provision may be made in Jersey and to the extent that the Minister considers it reasonable to do so.

5.4 The Fire & Rescue Service (Emergencies and Humanitarian Services) (Jersey) Order 201- also specifies a range of humanitarian services in as detailed in sec 4.4 of this report, in respect of which provision may be made in Jersey and to the extent that the Minister considers it reasonable to do so.

6. Recommendations

6.1 The Minister is recommended to approve the Fire & Rescue Service (Emergencies and Humanitarian Services) (Jersey) Order 201- to enable the States of Jersey Fire & Rescue Service to continue to make provision and respond to other emergencies and provide humanitarian services in Jersey.