Firefighters' union claims Prescott's reforms are 'unlawful'

The Deputy Prime Minister is facing a legal challenge to his "dangerous'' decision to push through sweeping changes to the fire service.

John Prescott's reliance on last year's Bain review is "both perverse and unlawful'', saylawyers acting for the Fire Brigades Union (FBU). Mr Prescott is accused of failing to consult statutory bodies because of his determination to introduce reforms. A letter to the Deputy Prime Minister from Thompson solicitors on behalf of the union revealed that the FBU is pursuing a judicial review of the decision to repeal Section 19 of the Fire Services Act 1947 and demanding a response from the Government by Thursday.

Meanwhile, hopes rose that the executive of the FBU would call off tomorrow's 48-hour strike in order to continue negotiating with employers. The union, however, is not expected to abandon a two-day stoppage scheduled for Saturday unless there is significant progress in the talks.

The firefighters' union argues that Mr Prescott, who is responsible for local government, has a statutory duty to consult both the Inspectorate of Fire Brigades (HMI) and the Central Fire Brigades Advisory Council (CFBAC).

The Deputy Prime Minister is pushing through an amendment to the Local Government Bill that would make it possible to close fire stations and reduce the number of firefighters without the permission of the Secretary of State.

The letter also says that such a state of affairs could be dangerous and result in inconsistencies, delays and costly litigation. It tells Mr Prescott that instead of seeking the views of the HMI and CFBAC, "you have obtained and are relying upon the advice of extra-statutory advisers and your decision to do so is both perverse and unlawful.''

The union argues that the Government should abandon its attempt to repeal the act on the recommendation of the Bain report, pending advice from the official bodies.

The Government's insistence on strict adherence to the recommendations of Sir George Bain is at the heart of the dispute. The review offered firefighters an 11 per cent in-crease over two years in return for reform, which the union believes could lead to the loss of 4,500 firefighters' jobs.

Andy Gilchrist, the general secretary of the FBU, said: "The Government is rushing into implementing the Bain agenda as negotiations are just beginning. In their haste they are attempting to repeal legislation without proper consent, which we believe is dangerous and puts lives at risk."

A spokesman for the Deputy Prime Minister said: "It's an issue for the Fire Brigades Union if that's what they wish to do. We said before Christmas that we would be implementing Bain and we invited the union to get involved and contribute."