Key information
Executive summary
Under the Policing and Crime Act 2017, the London Fire and Emergency Planning Authority (LFEPA) will be abolished on 31 March 2018 and the London Fire Commissioner (LFC) will be established as a corporation sole and new functional body from 1 April 2018. As part of the new governance arrangements, the Mayor, acting as the executive of the Greater London Authority (GLA), considers its appropriate to issue a direction to the LFC regarding how certain decisions will be taken by the LFC from 1 April 2018. The direction has been drafted in consultation with senior London Fire Brigade (LFB) staff and incorporates (via the GLA Group Corporate Governance Framework Agreement) the Mayor’s and the London Assembly’s stated desire to retain current transparency arrangements and maintain transparency as a priority for the new organisation.
Decision
That the Mayor directs the London Fire Commissioner under section 327D of the GLA Act 1999 as set out in Appendix 1 to this decision form.
Part 1: Non-confidential facts and advice
1.1 Under the Policing and Crime Act 2017, the London Fire and Emergency Planning Authority (LFEPA) will be abolished on 31 March 2018 and the London Fire Commissioner (LFC) will be established as a corporation sole and new functional body from 1 April 2018.
1.2 As part of the new governance arrangements, the Mayor, acting as the executive of the Greater London Authority (GLA), considers it appropriate to issue a direction (see Appendix 1 to this decision form) to the LFC to determine how certain decisions of the LFC will be taken from 1 April 2018.
1.3 The direction has been drafted in consultation with senior London Fire Brigade (LFB) staff and incorporates (via the GLA Group Corporate Governance Framework Agreement – see Appendix 2 to this decision form) the Mayor’s and the London Assembly’s stated desire to retain current transparency arrangements and maintain transparency as a priority for the new organisation.
1.4 The direction sets out those matters requiring the Mayor’s approval, those matters requiring the Deputy Mayor for Fire’s approval and those matters on which the Deputy Mayor for Fire needs to be consulted on. It also requires the LFC to follow the GLA Group Corporate Governance Framework Agreement (as stated above) and to follow GLA practice on staff political restrictions, based on those in the Local Government and Housing Act 1989.
1.5 The direction is viewed as non-controversial and follows current practice in either LFEPA or the GLA. The direction will be reviewed annually in the light of how the new arrangements operate in practice. In addition, once the Assembly’s Fire Committee is operational under the Policing and Crime Act 2017, that Committee will be consulted on the governance arrangements in place and its views fed into the annual review of the direction.
2.1 Under Section 149 of the Equality Act 2010 the Mayor must, when exercising his functions, have due regard to the need to:
• Eliminate unlawful discrimination, harassment and victimisation and other conduct prohibited by the Act;
• Advance equality of opportunity between people who share a protected characteristic and those who do not; and
• Foster good relations between people who share a protected characteristic and those who do not.
2.2 The proposed decision does not impact on these duties.
3.1 The decision partly relates to sound financial management.
3.2 There are no specific costs arising for the GLA or the LFB.
4.1 The London Fire Commissioner is established as a corporation sole with the Mayor appointing the occupant of that office. Under section 327D of the GLA Act 1999, as amended by the Policing and Crime Act 2017, the Mayor may issue to the London Fire Commissioner specific or general directions as to the manner in which the holder of the office of Commissioner is to exercise the Commissioner’s functions, which may include a direction not to exercise a power specified in the direction.
Appendices - see signed attachment.
Appendix 1: The London Fire Commissioner Governance Direction 2018
Appendix 2: GLA Group Corporate Governance Framework Agreement
Signed decision document
MD2260 fire gov direction with appendices (signed) PDF