PURPOSE OF REPORT

To provide an update for Members about performance and governance arrangements for fire and rescue authorities (FRAs), and to propose an approach that would support the Authority’s ability to accommodate anticipated changes to performance and governance arrangements whilst maintaining compliance with existing requirements.

EXECUTIVE SUMMARY

The Local Government and Elections (Wales) Act 2021 makes provision for making changes to the performance and governance arrangements of FRAs. For those changes to be brought about, the Welsh Government must publish a new Fire and Rescue National Framework, introduce new performance management arrangements and dis-apply the Local Government Measure 2009 in respect of FRAs.

No specific date has been set after which, or on which these changes will be introduced. The Authority will therefore need to prepare for the changes whilst continuing to comply with current legislative requirements for Improvement and Well-being Planning.

Work to develop the next National Framework and new performance arrangements for FRAs had started even before the Local Government and Election (Wales) Act 2021 was enacted, but this work was paused on account of the COVID-19 pandemic. The Welsh Government has indicated that this work will resume after this month’s Senedd election.

The Authority has already published a Corporate Plan 2021-24 comprising seven long-term objectives supported by fifty-five planned actions. Rather than follow the familiar pattern of developing and consulting on new objectives for 2022/23, this report recommends that the Authority pursues its existing objectives and uses the forthcoming months to focus on key aspects of its existing Plan.

RECOMMENDATIONS

That Members
(i) note the information provided in this report;
(ii) agree that, in anticipation of the changes to the performance and governance arrangements for Welsh fire and rescue authorities, focus for the time being on pursuing the long-term objectives and planned actions already set out in its Corporate Plan 2021-24.

BACKGROUND

The Welsh Government has acknowledged the complexity of the statutory context for FRA planning in its 2020 report of progress against the Fire and Rescue National Framework. It has also recognised that despite that complexity, “FRAs have done well to produce business and strategic plans which are clear, comprehensive and well-structured. Without exception, they integrate corporate and operational considerations fully, and include clear narrative setting out what the service proposes to achieve and why.”

Since that report was written, the Local Government and Elections (Wales) Act 2021 has added even more complexity in that it makes provision for changes to FRA performance and governance arrangements but it does not give a date for when these changes will take effect in practice or remove any of the existing duties in the meantime.

A report to the Executive Panel in February 2021 advised of the introduction of the Local Government and Elections (Wales) Act 2021, and outlined some of the possible implications for the Fire and Rescue Authority.

In March 2021 Members approved the final draft of the Authority’s Corporate Plan covering three financial years 2021-24. This departure from the Authority’s usual practice of publishing annual plans anticipated the changing landscape of FRA planning requirements and recognised the need for flexibility to respond as and when the statutory changes emerge.

INFORMATION

The anticipated changes referred to above include the dis-application of the Local Government Measure 2009 in respect of FRAs. This will remove the Authority from the definition of a Welsh Improvement Authority, potentially paving the way to remove some of the restrictions associated with following an annual cycle of improvement planning.

Before this can happen, however, new performance management arrangements will need to have been developed and published by the Welsh Government, which in turn depends on the development and publication of a new Fire and Rescue National Framework under a new Section 21a of the Fire and Rescue Services Act 2004.

Fire and Rescue Service Circular W-FRSC(2021) confirms that discussions and work to create a new National Framework and performance arrangements which were paused when the COVID-19 pandemic struck will be resumed following the Senedd elections in May 2021.

The Welsh Ministers already have powers under Section 20 of the Fire and Rescue Services Act 2004 as regards setting out priorities and objectives for FRAs through a National Framework. The new Section 21a of the Fire and Rescue Services Act 2004 gives powers to the Welsh Ministers to impose requirements in respect of the content of FRA plans, their preparation and revision, their timing and the periods to which they must relate, and their publication.

Meanwhile, in addition to the Authority’s duties under the Local Government Measure 2009, planning duties arising from the Wellbeing of Future Generations Act 2014 remain in force.

As a statutory member of Public Services Boards, the Authority needs to continue to take into account the existing four local well-being plans and revised plans that will be published by May 2023.

The FRA also needs to continue to respond to findings or recommendations from external sources such as the Auditor General, the Well-being of Future Generations Commissioner and the Welsh Language Commissioner.

In recent years the Authority has followed an annual cycle of developing new improvement objectives for the following financial year through a series of meetings of a Planning Working Group comprising the membership of the Executive Panel. As the Authority has already published a three-year plan comprising seven long-term objectives and fifty-five supporting actions, it is proposed that no further objectives need to be developed at this stage so that focus can be maintained on achieving the planned actions.

Once the changes to the statutory landscape have become clearer, the Authority should then be well placed to take stock of what it will need to do to meet the expectations of the new National Framework and to comply with the revised planning and performance regime.

IMPLICATIONS

Well-being Objectives No implications identified as the provisions of the Local Government and Elections (Wales) Act 2021 do not specifically change the Authority’s duties under the Well-being of Future Generations Act 2015. The blended approach to improvement planning and well-being planning already adopted by the Authority would continue until such time as regulatory changes are introduced.
Budget Known costs of planned actions have already been incorporated into this year’s budget, but complying with new performance and governance regulations could potentially present additional unanticipated cost to the Authority.
Legal Compliance with changes to the statutory requirements will need to be kept under review.
Staffing No implications identified.
Equalities/Human Rights/ Welsh Language The development or amendment of policies, procedures and other arrangements will need to be assessed in relation to these aspects during their development and implementation.
Risks Given the complexity and unspecified schedule of changes to the Authority’s planning, performance and governance arrangements, there is a risk of non-compliance with statutory requirements.