GLA LFEPA Urgency Committee motion 26 Feb 2013

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GLA LFEPA Urgency Committee motion 26 Feb 2013

  1. 1. Labour Group AmendmentDraft Fifth London Safety Plan - Mayoral Direction – Proposed Claim for Judicial ReviewDelete recommendation A (b) “To authorise the Commissioner to take immediate steps to complywith the Mayor’s direction of 30 January 2013 forthwith and to start public consultation forthwith inaccordance with the direction and no later than 5.00pm on 5 March 2013 on the draft fifth LondonSafety Plan (LSP5) as originally submitted to the Authority by the Commissioner on 21 January 2013;”and insert: b) This Authority deplores: (a) the Mayor’s repeated refusal to accept the democratic decisionsof the Authority opposing the closure of 12 fire stations, the loss of 18 fire appliances and a reduction of 520 fire- fighters as set out in the draft LSP5 paper; and (b) the Mayor’s threat through his solicitors to sue the Authority if he does not get his own way. The Authority notes that the technical budget amendment passed by the London Assembly on 8th February 2013 constituted a viable alternative which would avoid the need for the Mayor’s proposed draconian cuts as set out in draft LSP5. The Authority believes that the Mayor is putting the safety and security of Londoners at risk by ignoringoptions available to him to protect frontline firefighting services and by riding roughshod over the considered policy of the Authority. However, the Authority believes that it is not in the interests of Londoners to spend either party’s financial resources on litigation at this stage and therefore with great reluctance concedes to the Mayor on this occasion, by authorising the Commissioner to consult on the unamended draft 5th London Safety Plan as originally proposed.Insert, at the end of A (c): The Authority believes that the opportunity for the public to have their say on the draft 5th London Safety Plan should be maximised and therefore in complying with the Mayor’s diktat instructs the Commissioner to include in theconsultation: a) public meetings of at least two hours duration (subject to the public in attendance requiring a meeting of such duration), to which members of the Authority in attendance should be invited to contribute their own opinions as part of the platform party, to be held in each London borough; b) advertisements in local newspapers, the LFEPA website and notice boards and by agreement with them local authority, GLA, TfL, and London Assembly websites, poster sites and noticeboards; c) all public information text in support of the draft LSP5 consultation, including material relating to the convening of public meetings referred to at 5(a) above,to be approved by the Appointments and Urgency Committee including any advertisements in local
  2. 2. newspapers, the LFEPA website and notice boards and by agreement with them local authority, GLA, TfL, and London Assembly websites, poster sites and noticeboards.Delete ‘in defending any legal proceedings’ in A (d) and insert ‘in relation to any legal proceedings’The Recommendation will now read: A. Decision not to defend The Committee resolves: a) To rescind its decisions of 11 February 2013 (as referred to in paragraphs 3 (1), (2) and (3) of the public report); b) This Authority deplores: a) the Mayor’s repeated refusal to accept the democratic decisions of the Authority opposing the closure of 12 fire stations, the loss of 18 fire appliances and a reduction of 520 fire-fighters as set out in the draft LSP5 paper; and b) the Mayor’s threat through his solicitors to sue the Authority if he does not get his own way. The Authority notes that the technical budget amendment passed by the London Assembly on 8th February 2013 constituted a viable alternative which would avoid the need for the Mayor’s proposed draconian cuts as set out in draft LSP5. The Authority believes that the Mayor is putting the safety and security of Londoners at risk by ignoring options available to him to protect frontline firefighting services and by riding roughshod over the considered policy of the Authority. However, the Authority believes that it is not in the interests of Londoners to spend either party’s financial resources on litigation at this stage and therefore with great reluctance concedes to the Mayor on this occasion, by authorising the Commissioner to consult on the unamended draft 5th London Safety Plan as originally proposed. c) To authorise the Head of Legal and Democratic Services to provide a written undertaking to the Mayor not to take any steps inconsistent with the direction, subject to the ability to carry out additional consultation where considered necessary to enhance public understanding and responses, provided that any such additional consultation does not undermine the LSP5 consultation, is consistent with it and does not adversely affect the fairness of the overall LSP5 consultation programme. The Authority believes that the opportunity for the public to have their say on the draft 5th London Safety Plan should be maximised and therefore in complying with the Mayor’s diktat instructs the Commissioner to include in the consultation: a) public meetings of at least two hours duration (subject to the public in attendance requiring a meeting of such duration), to which members of the Authority in
  3. 3. attendance should be invited to contribute their own opinions as part of the platform party, to be held in each London borough; b) advertisements in local newspapers, the LFEPA website and notice boards and by agreement with them local authority, GLA, TfL, and London Assembly websites, poster sites and noticeboards; c) all public information text in support of the draft LSP5 consultation, including material relating to the convening of public meetings referred to at 5(a) above,approved by the Appointments and Urgency Committee including any advertisements in local newspapers, the LFEPA website and notice boards and by agreement with them local authority, GLA, TfL, and London Assembly websites, poster sites and noticeboards. d) To authorise the Head of Legal and Democratic Services to inform the Fire Brigades Union’s (FBU) solicitor of the Committee’s decision and to take such action as he would recommend the Authority to take (including instructing counsel) in relation to any legal proceedings brought by the FBU or other parties against the Committee’s decision. e) To authorise the Head of Legal And Democratic Services to notify the Mayor’s legal advisers of the Committee’s decision.Proposed by: Cllr Navin Shah AMSeconded by: Andrew Dismore AM
  4. 4. Labour Group Motion:In light of the decisions taken at today’s Appointments and Urgency Committee to authorise theCommissioner to carry out a consultation on the unamended draft LSP5 document, in relation towhich decisions will not be taken to finalise the LSP5 document as policy beyond its draft form untilthe June meeting of the Authority (or later) and in particular after completion of the consultationperiod, analysis of the results of the consultation, and consideration of officer recommendationsthereon, the Commissioner is instructed to prepare a balanced budget for 2013/4 for the Authorityon the basis of not implementing any cuts that may or may not follow after the June meeting of theAuthority so as not to pre-empt the outcome of the consultation nor decisions that will be taken atthe June meeting.Proposed by: Andrew Dismore AMSeconded by: Cllr Navin Shah AM

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