APPENDIX A
29 June 2009
Dear Colleague
REVIEW OF SCOTLAND'S WATER RESCUE CAPABILITY - STAKEHOLDER CONSULTATION
You may know that the Minister for Community Safety, Mr Fergus Ewing, announced on 12 May 2009 that he had asked me to conduct an independent review of Scotland's water rescue capability and to report with recommendations by the end of October 2009. I attach at Annex A the related news release which issued on 12 May.
The remit I have been given is as follows:
To report to Scottish Ministers with recommendations on whether Scotland's water rescue response may be improved, having particular regard to:
The resources and capabilities of all agencies currently involved in water rescue emergencies, including flooding.
Whether there is a need for changes in current operational arrangements between responders.
Whether there is a need for a change in the law covering the responders who cover water rescue.
The level of public awareness and education of the risks associated with open water.
Please note that my review relates to inland waters only and does not include the coastal or maritime environment.
It is clearly important to ascertain the views of a wide range of stakeholders in addition to certain specific statutory and voluntary agencies with whom I will be consulting in person. This letter is therefore being sent to local authorities, fire and rescue services, police forces, procurators fiscal and a wider range of emergency or specialist rescue services (a full list is shown as Appendix B) - as well as others with a commercial, recreational or other interest in the safe use of Scotland's inland waters.
This letter asks a few questions to seek a broad understanding of how the matters under review affect your own organisation and how you regard them in the context of the wider range of responsibilities you have to address. A more detailed series of questions will be sent to key agencies in due course. I am also inviting responses from those who represent, examine or act as advocates for users. With this in mind, I would like to receive your observations or comments on the broad issues identified, and any other matters you think I should consider, by 31 July 2009.
Clearly, there will be some matters on which your knowledge is not complete, but I would ask that you offer a view on what you feel competent to comment upon, based on your experience and knowledge of working to mitigate risk through preventative advice and preparation for emergency response. The questions below are by no means exhaustive and you should not feel constrained by them if there are additional points you would wish to bring to my attention.
For those recipients who head large organisations with regular and varied interaction with agencies or bodies having interests in Scotland's inland waters, e.g. local authorities, you may wish to consult internally with relevant directors and then provide a combined response.
Key issues affecting your current operating context
Before looking ahead I would like to know what you feel are the most important issues currently affecting your responsibility for or interest in safety on inland waters. I am particularly interested in what affects the way you work with partners in the public, private or voluntary sectors.
Question 1:
What do you perceive are the key issues affecting your service to the public using inland waters or in the mitigation of risk from flooding of landward areas at present? (This can be limited to a handful of bullet points unless technical explanation is needed).
Your strategic outlook
The safety of the public in relation to inland waters is not, of course, the responsibility of a single agency. I would be interested to learn of your assessment of the risk relating to inland waters in your area of responsibility, your estimation of how these may change over time, and how you work or intend to work with others to address these risks.
Question 2:
2a. What aspects, if any, of your planned development and competing priorities are likely or ought to have an influence on inland water rescue provision in Scotland over the next 5 years?
2b. What changes, if any, do you anticipate in the environment in which you operate which are likely or ought to have an influence on the use of - and associated risks arising from - inland waters and/or flooding in Scotland over the next 5 years?
Important service delivery issues in relation to inland waters or flooded areas
There are several broad themes that most people might agree appear to be important in terms of delivering the best possible service to the public in relation to safety near or on inland waters, or in flooded areas, but we are keen to learn what you think about this. Naturally, people already in an emergency situation expect a prompt, well-trained, properly equipped and co-ordinated response. But most would also agree that members of the public should be supported in developing an awareness of the risks associated with inland waters or floods and thus be better able to reduce their level of risk.
Question 3:
3a. What do you see as the important issues affecting public awareness relating to inland waters or flooded areas and how might preventative advice or other action be made more effective?
3b. From your experience, are the public fully aware of any limitations which may exist in relation to the effectiveness of public rescue equipment made available for their use?
If you have produced any publicity, training or other material to promote water safety, we should be most grateful to receive copies or hyperlinks as appropriate. Equally, if you participate in any events intended to promote water safety we would appreciate further details.
How and by whom should rescue services be provided?
Currently, rescue responses to emergencies on inland waters or in flooded areas are provided by a number of local and national (Scotland and UK) authorities, agencies and voluntary bodies. No single agency is pre-eminent or has powers of direction over other agencies or bodies involved in the provision of rescue services on inland waters, although conventions as to co-ordination of multi-agency efforts are well developed. Equipment for rescue from water can range from the relatively cheap and simple, such as throw lines or buoyancy aids, to those requiring very significant capital investment and operating expertise, such as helicopter winching and infra-red sensor equipment.
Question 4:
4a. How would you wish to see rescue services develop to provide the range of capabilities mentioned above?
4b. Should a single agency or authority have responsibility for determining rescue capability and capacity at local, regional or national level within Scotland?
4c. Should a single agency or authority have powers of direction over others to promote co-ordination of effort and resources?
If you have answered 'yes' to (b) or (c) above would you feel able to indicate which agency or authority would be most suited to the role or do you feel a new agency should be created?
I want to try to gauge what can best be delivered locally (and what 'local' means in this context) and what needs to be provided at a wider level. I want to ensure that, as far as is possible, there is sufficient resilience to ensure that all Scotland's communities affected by flooding or any individual in danger on inland waterways will have equal access to expert and specialist rescue services when required.
Question 5:
5a. Are there any broad principles which might help to determine what aspects of open water rescue need to be concentrated at each of three broad levels: local, regional and national?
5b. What should determine the aspects of open water rescue that need to be locally managed and delivered; what should determine what needs to be managed at a group or regional level; and what should determine what needs to be managed (if not necessarily delivered) at national level?
Standards
At present I am not aware of any minimum standards for the training, equipping or deployment of open water rescue efforts, other than those developed at UK level by the Fire & Rescue service. I appreciate, however, that the nature of local water environments or flooding risks, the variety of Scotland's topography, and the need to experiment occasionally with new approaches mean that there will always be (and perhaps should always be) variances in the way that rescue services are delivered.
Question 6:
6a. Is it possible for agencies, local authorities and voluntary bodies to maintain their independence while adopting common minimum standards in equipment, training and deployment of rescue capability?
6b. If so, how might this be achieved?
Governance
There is presently no nationally agreed strategy for risk mitigation and the provision of open water rescue services in Scotland.
Question 7:
7a. Do you feel there is any need for the mechanisms of governance covering all responders in open water rescue to be made clearer, reviewed or changed?
7b. If so, how might this be achieved?
Question 8:
Is there any other issue or information which you feel should influence this review?
Conclusion
I would be grateful for as many responses to these questions as you
feel able to offer. All responses should be sent to waterrescuecapabilityreview@scotland.gsi.gov.uk by 31 July 2009. Please do not hesitate to add anything further that you think I should consider in relation to this review.
I aim to produce a summary report, to be considered alongside the results of other consultation work and a scoping study of inland water rescue arrangements in some similar countries and the rest of the British Isles. These pieces of work will inform the final review report with recommendations to the Minister for Community Safety by the end of October 2009.
Thank you in advance for your invaluable support in this consultation exercise. As I develop options for consideration I will undoubtedly need to return to some, or all, of the stakeholders for further reaction and it would therefore be helpful if you would be kind enough to supply the contact details of a person within your organisation to act as a single point of contact to whom I can address any further questions.
Yours sincerely
PADDY TOMKINS
ANNEX TO APPENDIX A
News Release - May 12, 2009
REVIEW OF SCOTLAND'S WATER RESCUE CAPABILITIES
A comprehensive review of the emergency services' ability to deal with all forms of water rescue was announced today.
The review, led by Paddy Tomkins QPM, former HM Chief Inspector of Constabulary for Scotland, will work with a range of stakeholders to report to Ministers with recommendations on whether Scotland's water rescue response may be improved.
The review will examine:
- The resources and capabilities of all agencies currently involved in water rescue emergencies, including flooding
- Whether there is a need for changes in current operational arrangements between responders
- Whether there is a need for a change in the law covering the responders who cover water rescue
- The level of public awareness and education of the risks associated with open water
- Currently a wide range of agencies, including police, fire & rescue services, mountain rescue teams, HM Coastguard and the RNLI could be called upon to undertake a water rescue, with the response in many cases involving several agencies.
Views will be actively sought from all these agencies for full consideration by Ministers. Any proposals for legislative, or operational/practice change would be taken only after a full public consultation.
Minister for Community Safety Fergus Ewing said:
"Water rescue is a dangerous area of response for our emergency services, and Scotland's unique geography provides additional challenges.
"It is an area of rescue where co-ordination remains critical, so it is only proper that we undertake this review to ensure we have the right capability, supported by the right legal framework. The people of Scotland deserve and expect no less."
David Wynne, Chair of the Chief Fire Officers Association Scotland added:
"I welcome the Minister for Community Safety's announcement of a full review of Scotland's water rescue arrangements."
"While current arrangements are robust, I believe there remains scope for greater clarity on roles and responsibilities. I look forward to working with Paddy Tomkins to provide the Minister with a detailed picture for his consideration"