MD1507 Appointment of the next London Fire Commissioner

1. Appointment of the next London Fire Commissioner

Background

1.1 The current London Fire Commissioner has announced his decision to retire. The deadline for responses to the advertisement for his successor closed on 15 May 2015. The Mayor’s Chief of Staff wrote to the Chairman of the London Fire and Emergency Planning Authority (LFEPA) on 11 May 2015 asking to participate in the appointment process as the Mayor’s nominee. The Chairman of LFEPA replied on 19 May 2015 to say that not all LFEPA Members were comfortable with that proposal. The Mayor is therefore being asked to direct LFEPA to secure his Chief of Staff’s participation in the process.

Rationale

1.2 It would appear reasonable to issue a direction for the following reasons:

• The Mayoralty would be involved in any appointment process for the role of Transport Commissioner or Police Commissioner in the capital;

• The Fire Commissioner advises the Mayor directly on a wide range of issues including:

o Allocation and alignment of frontline fire and rescue resources

o Resilience and other emergency planning issues

o Trade union and other staffing relationships within the fire and rescue service; and

• The Mayor is not seeking to make the appointment himself but to be comfortable with the appointment LFEPA Members will seek to make.

Content of direction

1.3 The direction sets out that LFEPA should:

• Involve the Mayor’s nominee in the longlisting, shortlisting and interview stages of the appointment process;

• Complete the longlisting process by 29 May 2015 so as not to lose momentum, noting that the deadline for responses to the advertisement closed on 15 May 2015; and

• Seek the Mayor’s prior consent to the proposed appointment before making the offer of appointment.

2.1 There are no equality implications directly arising from this decision.

3.1 There are no financial implications directly arising from this decision.

4.1 Under section 328(1) of the Greater London Authority Act 1999 (the GLA Act) the Mayor may issue general and specific directions to LFEPA as to the exercise of its functions.

4.2 Section 328A (5) provides that in exercising the power of direction, the Mayor must have regard to each of the following:

a. The Fire and Rescue National Framework prepared under section 21 of the Fire and Rescue Services Act 2004; and

b. The fire safety enforcement guidance under article 26 of the Regulatory Reform (Fire Safety) Order 2005.

Section 328 (4) provides that the Mayor must send a copy of the direction to the Fire Commissioner.

4.3 By virtue of section 146A of the Local Government Act 1972 (the LGA Act), LFEPA is deemed to be a local authority for the purposes of section 112 of the LGA Act. Section 112 provides that a local authority shall appoint such officers as they think necessary for the proper discharge by the authority of such of their functions as fall to be discharged by them. The appointment of the Fire Commissioner is in accordance with section 112 of the LGA Act. The Chief of Staff’s involvement in the appointment of the next Fire Commissioner does not interfere with LFEPA’s obligations under section 112 of the LGA Act. This decision and the proposed direction are therefore within the Mayor’s powers of direction under section 328 of the GLA Act.

Appendix A: Covering letter from the Mayor

Appendix B: Direction to LFEPA