By FSSO Derek B. Ambrose

This list though not exhaustive, gives some indication of the diverse role that the Fire service is required to play on the stage of national development. O f particular relevance is the need for collaboration with other agencies both public and private as we seek to fulfill our mandate. This mandate is best set out in our principal legislation, i.e. the Fire Service Act, Chapter 35:50, as amended by Act No. 10 of 1997, the Fire Service (Amendment) Act, 1997.

READING/UNDERSTANDING LEGISLATION

If legislation is to be the vehicle that carries us forward, all members of the Service must possess at least a primary ability to read and understand statutes. This understanding should be founded on the knowledge that statutes are amended from time to time, so that often the law has to be garnered by reading two or more statutes side by side. The previously cited Fire Service Act and the Fire Service (Amendment) Act, 1997 provide a good example of this feature in operation.

It is not proposed to engage at this time in any expansive or detailed analysis of the various sections of these two Acts. It is advisable therefore that members of the Service procure copies and familiarize themselves with the contents. Distinctions may be drawn between Rights, Duties, Liabilities and privileges. Where doubts arise, clarification should be sought from senior officers of the Service or ultimately senior legal officers in the various Government Ministries, who no doubt will be quite happy to provide assistance.

A key point to note is that the expression of law is based largely on opinions. A similar set of facts presented to different persons for application of the law, very often yield varying conclusions. The ability to justify ones position should be the guiding principle.

In taking the process one step further, the suggestion is offered that knowledge of what the law says is woefully inadequate without some understanding of how the law works. Recognition of this factor is given by Glanville WiIliams in his book ''Learning the Law''. Williams states ''Substantive law lays down peoples rights, duties, liberties and powers. Adjectival Law relates to the enforcement of rights and duties: in particular or it concerns procedure and Law". This infers that the law is concerned not only with ''what is'' but it also extends itself to the how to''. These two aspects complement each other and are essential for purposeful and objective enforcement of the law.

To illustrate the point, attention may be directed to section 44 and 45 of the Fire Service Act, which over the years have Invited the concerns of many senior officers of the Fire Service. Section 44 as amended by Act 10 of 1997 confers a discretionary power on the Chief Fire Officer to require work to be done on public premises, if he is satisfied that the condition constitutes or is likely to constitute a hazard to life or property by fire or otherwise.

Section 45 sets out the procedure by which the provisions of section 44 are to be enforced. In particular section 45 (1) requires that the Chief Fire Officer make application to a Court of Summary Jurisdiction... and section 45 (2) requires that the application be supported by an affidavit...

Many views have been expressed that the procedure for imposing sanctions for breach of section 44 is too protracted. Reservations have also been expressed that the procedure outlined at section 45 (2) is too onerous, in that it requires the Chief fire Officer to support his application by an affidavit. As was questioned by one senior officer, ''could you imagine the Chief Fire Officer leaving his officer every day to go before a Magistrate or Justice of the Peace to swear out an affidavit?'' But is this absolutely necessary?

My personal view on the matter is that the requirement for an affidavit is a reasonable safeguard to the protection of the right of the individual. This safeguard is not dissimilar to the requirement to obtain a warrant in certain instances, either for the arrest of a person or the search of premises. Furthermore the main concern that the Chief Fire Officer himself is required to swear out an affidavit is dealt with at section 7 of the Fire Service (Amendment) Act, 1997 (Act 10 of 1997).

To encourage Fire Officers to read more legislation, I will neither reproduce nor comment in detail on the provisions of section 7 of Act 10 of 1997 in this paper. Yours is the duty to discover. Upon discovery two (2) points should be reinforced. Firstly, sometimes more than one piece of legislation must be read for a proper understanding of the law to be garnered; and second, but of equal importance, very often several sections of the same or different Acts must be read before a proper understanding of legal procedure can be obtained. One should always be mindful of the need to follow proper procedure, since actions by Fire Officers in the pursuance of their duties may be subject to judicial review.

NATURAL JUSTICE

One of the most important principles of judicial review of administrative action is the rule that certain powers must be exercised in accordance with Natural Justice. The principle is enforced by the Courts, Administrative Tribunals and is a factor taken into account by the Ombudsman. The traditional view of Natural Justice is that it comprises two (2) procedural rules:

(a) No man is to be condemned without a hearing; and
(b) No man should sit as a judge in his own cause

These rules, which have recently been put in two words Impartiality and Fairness, take on special significance in the initiation of disciplinary proceedings in the Fire Service, under the Fire Service (Terms and conditions of Employment) Regulations, 1998. Natural Justice is not however, confined to internal matters but applies to many other areas of our administrative decision-making.

Even in instances where Acts contain rules that require a form of hearing, these do not supplant the general legal principles of natural justice. Natural justice demands the procedures be strictly complied with and that in the event of there being a departure, it is to the advantage of the person subjected to the administrative power. Natural justice is also a legal obligation that is embodied in the Constitution and rules contained in legislation supplement this constitutional requirement.

The information provided and the issues raised in this paper are geared to promote a greater awareness of the parameters within which the Trinidad and Tobago Fire Service operates. It is hoped that this brief account is both interesting and enlightening. Credits for its completion are due to:

M/SCAT Herbert -
Legal Drafter
Law Reform Advisor

Glanville Williams- Learning the Law Eleventh Edition

Lord Denning - The Discipline of Law

Smith and Keeran - English Law.

Any disaffection, which may be experienced by the reader, is the sole responsibility of the author.