Proposition 53K2216

Projet de loi modifiant la loi du 15 mai 2007 relative à la sécurité civile et la loi du 31 décembre 1963 sur la protection civile.

General information ¶

Submitted by

PS | SP the Di Rupo government

Submission date

May 25, 2012

Official page

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Status

Adopted

Requirement

Simple

Subjects

civil defence first aid

Voting ¶

Voted to adopt

Groen CD&V Vooruit Ecolo LE PS | SP ∉ Open Vld N-VA LDD MR VB

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Discussion ¶

June 28, 2012 | Plenary session (Chamber of representatives)

Full source

Mr. Speaker, colleagues, the Committee on Internal Affairs discussed this bill and the attached bills at the meeting of 13 June 2012.

The Minister of Internal Affairs gave explanations to the present draft. She reminds that the current fire services are still municipal services and therefore very different across the country.

The law of 15 May 2007 launched a reform of the civil security sector. However, this reform must be implemented in several steps.

Following the geographical delimitation of the new emergency zones in 2009, the operational prezones were established in 2010 and 2011 to strengthen the operational coordination between the fire departments by concluding agreements between the municipalities of the zone and the federal government, as well as by granting an annual subsidy.

This draft is a further step in this reform by establishing the prezones and by granting them legal personality.

The draft is implemented within the appropriations provided for this purpose in the budget of the Interior Affairs, in particular EUR 21,747 million.

The Minister points out that the award of legal personality and the associated subsidy to the prezone must meet a number of conditions: the appointment of the chairman of the council, the appointment of a coordinator, the appointment of a recipient, the approval of a zonal operational organisation plan, the preparation and approval of a budget and the allocation of part of this budget to personnel costs, in particular to the recruitment of volunteer and professional firefighters.

The speaker of CD&V is pleased that this draft sets a new step in the reform and hopes that the implementation will be able to run quickly. However, there are still some uncertainties. Thus, it is still unclear why the draft makes it impossible to take out loans by the prezones and it is questioned whether the investment programs that can now be undertaken by the municipalities will still be able to be used after the establishment of the prezone.

Given the importance of the risk analysis, it is questionable whether there is already clarity about the allocation to the zones.

The speaker of the Ecolo group regrets that when the zones were created, the choice was still made for a very large number of zones. According to him, a smaller number of zones could have resulted in significant cost savings.

Nevertheless, the speaker considers this draft a significant step forward in the reform. However, he has questions regarding the designation of the coordinator who must be an officer of level A, but where the law does not impose any other condition in the absence of a candidate. According to the speaker, the coordinator should always be a level A staff member.

The speaker also informs about the specific situation of the Brussels Capital Region.

The presentation of the sp.a-fraction indicates the functioning of the coordinator. The speaker argues that according to a design, that function should be exercised full-time, while this could cause personnel problems in the field. This can be avoided if the function can be exercised by two persons.

The speaker also asks about the functioning of the prevention policy. Will these officials be dispatched to the prezone or will they continue to work within the municipal corps?

The PS group also expressed its satisfaction with regard to the progress made in the fire department reform dossier. She informed about the specific situation of the intercommunal fire service in Liège and asked whether it is eligible for funding, as provided in the framework of this law.

On behalf of the Open Vld Group, Mr Defreyne emphasized the importance of this new phase in reform and then pointed out its significant budgetary impact. He wondered whether a multiannual planning has already been drawn up in this regard and how the control of the conditions in the granting of the subsidies will be carried out. The speaker also had questions about the added bills, which propose an alternative financing, and asked for the position of the minister in this regard.

Mr. Arens pointed out the promises contained in the law to better distribute the burden of civil security between the municipalities and the federal government and hopes that this promise will be fulfilled quickly.

The Minister pointed out in her responses that the prezone is a temporary form of organization and that it was therefore chosen not to allow the prezones to borrow. For the staff, work should be carried out through dispatch or deployment until the establishment of a new statute. Additional federal funds are allocated to the prezones, in addition to the existing investment programs.

In connection with the allocation, the original allocation key was retained, for practical reasons, but it is possible that in the future it will be revised on the basis of objective needs and the specific characteristics of the zone.

In connection with the comments on the coordinator, the Minister pointed out that it is in principle a continuation of an existing situation. In all zones, a coordinator is already active and it is expected that he will continue his task.

The Brussels Capital Region will be considered as a rescue zone in itself.

The Minister stressed that this bill, with the necessary implementing decisions, is ready for entry into force before the recess. Possible alternative financing needs to be further examined in the framework of the 2013 budget.

The speaker of the CD&V group was concerned about the urge to professionalize the staff in the reform. The role of volunteers should also be paid more attention in the reform.

In his replica, Mr. Arens returned to the financing of the zones. He asked for clarity on the part of the funding that has already been taken over by the federal government.

Mr Doomst also pointed out the consequences of the reforms on the budgets of the municipalities.

Amendments were submitted providing for some technical adjustments to the draft law, in order to address the specific situation of some fire departments on the ground.

The entire draft law was then unanimously adopted.

This afternoon at 14:30 there was another additional committee for Internal Affairs where an amendment was submitted to this bill. Article 206 § 3 is supplemented with a fifth paragraph providing that staff members of emergency cell 100 and 112 may request a deferral regarding the choice to be made within the framework of their status. They had to communicate their choice before 1 November 2012; this amendment allows the staff concerned to request a deferral of this decision. This amendment was adopted by the committee.

Mr. Speaker, Mrs. Minister, dear colleagues, the Socialist Group can only be satisfied with the fact that the fire service reform is finally moving forward.

The implementation of PZO+ is an essential step in achieving the reform voted in 2007. So it is already five years ago.

From now on, the prezones will truly have a power of action, organization, recruitment, with enduring financing.

In a more sub-localistic way, I am obviously delighted that the model of the intercommunal of Liège can still benefit, despite the vote on this project, from federal funding. But back to the text.

The possibility offered to the prefectures to adopt a zone plan will allow them to equip themselves with a real fire fighting policy. In this perspective, the establishment of a permanent coordination structure, consisting of the technical committee gathering the heads of fire services of the prezone and a responsible-coordinator, will allow to determine the human and material resources necessary for the proper operational functioning of the future zone.

On the financial level, the designation of a receiver or financial manager for the area will only improve the new functioning of the prezones by giving them their own management, including the management of federal allocations. This will allow them to hire staff, buy equipment, etc. All this, of course, is in line with the establishment of a zonal prevention policy.

A new step in the implementation of the reform will be taken. However, the road to its completion is still long; there are still other sides to be implemented.

In this regard, two important questions remain, which have also been raised in the committee: the financing of the reform and the overall cost of fire services for municipalities. I recall the brilliant intervention of colleague Arens in the committee during the discussions on this subject. He was not the only one.

As you know, the 2007 law provides for a 50/50 ratio in the financing of fire services between municipalities and the federal. At present, the ratio is still 85/15 to the disadvantage of the municipalities. There is no need to mention their budget.

We all know what financial conditions we are in. Therefore, I would like to remind you of two bills that I have submitted and which aim to raise additional funding for fire services by, for example, involving insurance companies. You had already announced the submission of a text several weeks ago in order to be able to make a point in this regard. If you are not ready, I propose to activate my bill proposals, so that I can help you in this matter.

There is still the issue of the establishment of the 112-centres, which is very concerned by my group. Therefore, I wish, Mrs. Minister, that you may present to us from the next entry a guidance note concerning the state of progress of this matter.

Mr. Speaker, I would like to thank everyone involved in putting our bill on the agenda.

My comment is, in fact, purely procedural because the bill we have submitted is neither far nor close to the matter. It has to do with the fire services and ⁇ from far away also with civil protection, but not at all with the matter that was discussed.

So we will try another time to submit this bill again so that it can be discussed again. Our bill simply involves the fact that the costs of fire control by cities and municipalities cannot be recovered from perpetrators of intentional fires. This is not the subject of what is now put to the vote. I don’t know why this is scheduled, we didn’t ask for it ourselves. Therefore, our bill does not relate to this matter and we would like to see it discussed another time.

Mr. Speaker, Mrs. Minister, dear colleagues, on the morning of July 30, 2004, the firefighters of Ath paid a heavy tribute by bringing aid to avoid what was yet to turn into a real catastrophe. Three years after Ghislenghien, his dead and wounded, the shock wave created by the scale of the disaster contributed to the passing of the Civil Security Act in May 2007.

Since then, the operational prezonas have been defined but it is only today, five years after the passing of the law, that the reform enters a crucial phase. Firefighters are gradually leaving the municipal sphere to work in operational prezones and, we hope, soon in full-fledged rescue areas with all the skills and means provided by the 2007 law. The granting of annual subsidies, the approval of a zonal plan of operational organization are measures in the bill that should improve the safety of firefighters and that of citizens. We support this crucial step.

However, we make two observations. The first is related to the way of recruiting and appointing the pre-zone coordinator. We talked about it in the committee but I wanted to return to it to reiterate how much the procedure provided in the bill seems to us quite light, lack of objective criteria and therefore the risk of opening the way to a certain arbitrary. However, it seems to us that the role of prezon coordinator is an essential role in the successful reform of services. Therefore, we will submit a new substantially amended amendment. You were not shown to be entirely opposed to our reasoning.

This amendment will introduce the possibility, in the absence of an officer holding a Diploma of Level A in the Prezone, to ensure recruitment outside the Prezone of an officer holding such a Diploma and, in the event that this is not possible, in any case to define by royal decree the necessary criteria, the standards to meet in order to be able to enter this function of coordinator. This may be a bit of a technical question, but it seems to us essential.

As for funding, it has already been mentioned: 21 million euros this year in the budget. This is a significant sum, but it is obviously not enough because the estimates range between 180 and 220 million euros to ensure the financing of the fire services reform and allow, as other colleagues have said, a re-balance of the contribution to the service budget, re-balance between the federal state and the municipalities.

Like others, we want to remind you that these new ways can only be found through alternative financing. The track is traced in the government agreement. I point out that, too, Mr. Frédéric, we have submitted a bill introducing a contribution of the insurance sector to the civil security budget. Effective firefighting services also benefit insurers. It is therefore logical for us that they participate in their financing.

Mr. Minister, dear colleagues, here is a strong expectation for another mode of financing of fire services, an amendment on the area coordinator which we submit to your assessment. But we already support your bill, which will be voted today. Because, after years of slowdown, this is a first sign announcing a coherent civil security policy.

Mr. Speaker, the CDH Group is of course pleased with the conclusion of this case. The law reforming fire services was passed in 2007. It took five years to see this issue evolve.

Like my excellent colleague and friend André Frédéric, I will return, Mrs. Minister, on the financing of the areas. In fact, the law provides in its article 67 for equal funding by the federal and the municipalities (50/50). We are far from it: a distribution of about 90/10. This is a real disaster for municipalities. And you know as well as me how much the budgetary difficulties of these are only getting worse from year to year, from legislature to legislature.

I also noticed in this case that a province had managed to form a single zone. This seems to me extraordinary. In this case, it is the province of Luxembourg. The forty-four municipalities that make up it should receive exceptional federal support. I rely on you to advance this issue.

Here, Mr. Speaker, are the few points that I still have to develop. My other comments were communicated in the committee.

Mr. Speaker, Mrs. Minister, colleagues, we would like to emphasize once again that the CD&V group will fully support the present draft.

The legal basis for the firefighting reforms contained therein was already approved in 2007. It is appropriate that the legal basis and the final implementation are not too far apart.

In recent years, the law of 2007 has brought some dynamism in the field anyway. It is in everyone’s interest that the development of the relief zones in our country proceeds as equally and according to the same dynamics as possible.

In addition, all municipalities are already waiting impatiently for the implementation of the reform. However, it is not abnormal that under such circumstances and pending some clarity, they postpone certain investments or do not make certain decisions.

We would like to thank the Minister for the clarity she provides about the reforms, by providing a clear plan in the committee. Thus, we can see in the future in which years which royal decrees and which legislative changes await us.

I have another question to clarify, concerning the amendment we approved this afternoon. Mrs. Minister, can you explain how exactly the exemption contained in the amendment should be applied for by the staff of the centers 112 and 100?

That said, we would like to reiterate our concerns about a number of specific points in this reform.

The first concern of CD&V is the role of the volunteers in the new relief zones. We expressly ask the Minister to pay more attention to their role, even more than is currently being done. In many cases, volunteers are the backbone of the emergency services. The intention to provide the firefighters with a good training and to improve them in comparison with before is definitely a good thing. However, the obligations now imposed on volunteers must remain compatible with other aspects, such as their professional activities and their personal family life. We note that the slinger today increasingly passes into professional training.

Another point, which joins the previous one, is the career opportunities of the volunteers. If all managerial positions are reserved for professionals, one risks discouraging the volunteers and especially losing highly motivated people. As mentioned earlier, the combination with the professional career deserves more attention. Here too, we would like to urge the Minister to consult not only with the volunteers but also with the employers. In fact, the question must be asked how we can involve employers in the reform, in order to attract staff who, as volunteers at the fire department, can sometimes be absent at work because they are called.

The second major concern of our party is the financing of the zones. It has been said earlier, financing remains the Achillespeeze of this reform, and in fact of every reform.

At the start of the reform, the municipalities covered 90 % of the costs of civil security. The federal government promised at the time that the cost distribution would be 50%-50% in the long term, but we are still far from that today. The distress of the municipalities plays mainly in this area. With the 2001 police reform in mind, the municipalities now fear a repetition of that scenario. We believe that a step-by-step plan is needed, and preferably as soon as possible. We want a clear view of the cost-increasing factors of this reform. First of all, it is the new Staff Statute. We ask the Minister to immediately make an estimate of the potential budgetary impact on the municipalities.

We will pass this law, but we hope that the government in the coming months will provide clarity about our two concerns.

Dear colleagues, thank you very much for the various comments.

This draft law amending the law of 15 May 2007 is a very important additional and fundamental step in the implementation of the civil security reform.

The text has as its primary purpose to increase the safety of firefighters by implementing chapters of the 2007 Act, giving the prezone legal personality and granting it a permanent federal dotation when a number of objectives are met, including the appointment of a chairman of the council and the appointment of a coordinator. It shall include the rapid and democratic decision-making in the presidential council consisting of the presidential mayor, the establishment of a permanent coordination structure and the gradual implementation of the minimum standards on intervention resources.

I would like to thank the members of the committee for their work and support. As everybody has said, we now have a fundamental element that demonstrates that the reform is not only implemented, that it is in progress, but that the goal is to complete the process, including all royal decrees, for the first half of 2014.

Several members spoke, such as Mr. Aries or Mr. Frédéric; I agree with your comments. Yes, we need additional funding that will not be borne by the municipalities, but by the federal power. In the current budgetary framework, we can bear the costs, including the discussion on the statutes, and all the costs of the reform in a neutral way, with alternative financing options, which you mentioned, including through insurance and others.

In addition, I submitted a general note on the issue of financing with the kern. We will also do so on the occasion of the conclave in July 2012 and in the 2013 budget.

For 112-centres, the note you mentioned is ready and will be deposited with the kern before July 21.

Regarding the method of recruitment, your comment is not meaningless. As I have pointed out, an enforcement order may specify various elements, such as those mentioned in the work of the committee.

I will then come to the questions related to the amendments.

Employees who wish to maintain their current status may apply until 31 July. In that case, they may temporarily retain their status. We will submit a KB tomorrow which can be discussed at the Council of Ministers on 6 July and which will include the various modalities. It is a letter containing the application and a special wording that can be found on the website of the FOD Internal Affairs. We will write a letter to each employee from tomorrow with all possible information.

Regarding the problem of volunteers, I agree with the speakers and I specify that the negotiations with the trade unions are progressing well on this aspect.

Mrs. Minister, you had said that this law would be published in the Belgian State Gazette, as well as the necessary four royal decrees for clarification. I would like to thank you for the progress in this dossier. We look forward to the next steps that will be taken in this document.