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Fire Service

Dáil Éireann Debate, Tuesday - 6 November 2018

Tuesday, 6 November 2018

Questions (1195, 1196)

Seán Haughey

Question:

1195. Deputy Seán Haughey asked the Minister for Housing, Planning and Local Government if his attention has been drawn to a statement (details supplied) made in Seanad Éireann on 10 March 2015 by the then Minister for Health; his views on this interpretation of fire services legislation; and if he will make a statement on the matter. [45398/18]

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Seán Haughey

Question:

1196. Deputy Seán Haughey asked the Minister for Housing, Planning and Local Government if his attention has been drawn to a judgment of the European Court which included findings (details supplied); if he accepts the findings of both courts that the EMS operated by Dublin Fire Brigade is in accordance with the provisions of fire services legislation and comes within his remit at national level; and if he will make a statement on the matter. [45399/18]

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Written answers

I propose to take Questions Nos. 1195 and 1196 together.

I note the statements made in the Seanad debate of 10 March 2015 and also the judgment made by the European Court (Grand Chamber) in Case C-532/03 Commission of the European Communities v Ireland which sought to compel the Health Service Executive (HSE) to put the emergency ambulance service for the greater Dublin area service out to tender. 

The Fire Services Act 1981 (the Act) provides for the establishment of fire authorities and the organisation of fire services and for fire safety, fire fighting, the protection and rescue of persons and related matters. 

Section 25 of the Act is an enabling clause, which provides that a fire authority may carry out or assist in any operations of an emergency nature, whether or not a risk of fire is involved. This provision enables local authority fire services to provide a response to a range of emergency situations other than fires. Over the years, fire authorities have expanded the range of emergencies to which their fire services respond to include road traffic accidents, hazardous material incidents, rescues from confined spaces and heights, water rescue etc. Fire services also attend emergency incidents at the request of other emergency services and collaborate with them in assisting the public. The provisions of section 25 of the Act enable fire authorities to undertake these roles and to assist in any operations of an emergency nature. However, it does not impose a statutory responsibility on fire authorities to perform any of these functions, nor does it confer a role on me as Minister in relation to these functions.

As Minister with accountability for fire safety and the provision of fire services by local authorities, I am primarily concerned that local authority fire service resources are used to meet their statutory obligations in respect of provision of fire services and fire safety responsibilities. My Department supports fire authorities through setting general policy, issuing guidance on operational and other related matters, providing a central training programme and providing a capital funding programme for priority infrastructure projects to support local authority expenditure.

Dublin City Council provides fire and emergency services for the city and county of Dublin on behalf of the four Dublin local authorities, which are also fire authorities. The local authority fire services in Dublin also provide a valued emergency ambulance service in some parts of the greater Dublin area, an arrangement carried over from the time when the local authority was also the health authority. The enabling provision contained in section 25 of the Act referred to above provides a legislative basis for local authority fire service involvement in this activity.

Notwithstanding this, the provision of emergency medical services, including pre-hospital emergency care, is the responsibility of the HSE which operates the National Ambulance Service (NAS) and emergency departments in hospitals in accordance with health sector legislation and national health policy. Therefore, while operating under fire services legislation, Dublin City Council’s fire services are in effect acting as an agent for the HSE and the costs associated with this ambulance service provision are recouped from the HSE. Dublin City Council is not providing a substitute or alternative/parallel ambulance service, operating outside of the State’s health services provided by the HSE.

Any changes to the existing arrangements are a matter for Dublin City Council and the HSE in the first instance. I have no role in relation to legislation, policy, mobilisation arrangements, operational practices, medical oversight or funding of ambulance services.

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