Building Regulations (Review) Bill [HL]

Friday 22nd October 2010 Lords Chamber

Second Reading

Moved By Lord Harrison

That this Bill be read a second time.

Lord Harrison: My Lords, earlier this year I introduced a Bill on building regulations and said:

“The Bill’s ambition is to save the lives of those who otherwise, for the want of parliamentary action, needlessly die or are maimed or injured in fires, principally through burns or smoke inhalation. This simple Bill will save lives, as well as property, save millions of pounds of public money and significantly improve our environment. By this sensible Bill, we have a chance today to make a real difference to people’s lives”.—[Official Report, 15/1/10; col. 703.]

I then described the nature of the Bill, which was to ensure that sprinkler systems and fire suppression systems were fitted to new buildings under 30 metres in height just as currently the building regulations oblige that to happen for new residential buildings over 30 metres in height, and that the new sprinkler fire suppression systems should be approved to document B standard.

I introduced the Bill because 347 people had died in fires in 2008. Apart from the human tragedy—we can imagine learning of a loved one who has died in such a fire—there are economic consequences. The then ODPM estimated an astonishing £1.4 million cost to the economy of each fatality from such fires. In 2004, the cost to the state was £7 billion, of which £2.5 billion was in property damage. I suggest to the Minister that might represent 18 new secondary schools or funding for 5,000 hospital beds.

The consequence of my Bill in January, and this one today would also help the environment, which will be an important issue for all of us in the coming years. It would reduce the 2 billion tonnes of carbon dioxide that are spilled into the atmosphere in dousing unbidden fires that might otherwise have been suppressed by sprinkler systems, and save 5.6 billion litres of water—an important commodity—being used to extinguish fires. The pre-emptive action of sprinklers would save on rebuilding and repair involving wasted energy.

Who are the most vulnerable to fires in residential buildings? They are students and that group of 16 to 24 year-olds. I ask noble Lords to think of fires that they have been involved in or know about. I remember some 25 years ago a young man died two houses along from a terraced house in which we were living in Chester. He was in the front room. Clearly he had returned from the pub and probably the smoke overwhelmed him. He died when he was only a few feet away from freedom. Sprinklers in that situation would have enabled him to escape. So, students and young people aged from 16 to 24 are vulnerable, as are disabled people who are sometimes unable to flee the situation. Included in that group are single female parents. We can imagine the dilemma of a woman who wants to run back to save her child caught in such a fire. The middle aged and perhaps the middle classes may be vulnerable. We smoke less but perhaps we drink more and drink can be a contingent factor in being caught in a fire. But principally, it is the elderly, not just those over 65 but very much more so those who are 80 plus who are vulnerable. We have an ageing population that must be borne in mind when we consider this proposal. We should respond to the demographic change.

Fire safety has improved enormously but in the protection of residential buildings we have been marking time. In 2008, deaths from fire rose at a time when the number of fires was falling. That figure should not have risen but should have declined in the way that it has in non-residential buildings. Why is that not the case? My Bill in January was passed but it did not go down to the Commons. We had an excellent debate in this House. Amendments were moved and speeches were made by the noble Earl, Lord Cathcart, the noble Lords, Lord Best and Lord Hoyle, who I am pleased to see in their seats, the noble Lord, Lord Brookman, and the then Minister the noble Lord, Lord McKenzie of Luton, who is due to speak today. We had useful discussions and amendments were moved on impact assessments by the noble Earl, Lord Cathcart, and the noble Lords, Lord Best and Lord Bates. The noble Lord, Lord McKenzie, convened a meeting in his role as Minister and we found a way forward. That way forward now represents itself in this Bill in the sense that I have tried to incorporate the ideas that flowed from our debates on Second Reading and in Committee. I take the opportunity to welcome my noble friend Lady Smith of Basildon with her vast experience in these matters who will reply from the Front Bench.

We cannot allow the status quo to be maintained. Time moves on. The demography that I described of an ageing population challenges us. At a time of financial retrenchment, we must take every opportunity to save money and use it more wisely. Social policy changes and we must provide for the most vulnerable in society whose numbers may increase if more people are marginalised by the financial retrenchment that I mentioned. My worry is that the advice that the Minister is receiving ignores some of the important elements that I want to highlight, including the international experience. For example, Vancouver introduced in the 1970s mandatory installation of sprinkler systems at a time when there was some 7 per cent of deaths per 100,000. By the 1990s the figure had fallen to 0.6 per cent—a huge difference.

This Bill is not to introduce further regulations but to strengthen current legislation with updated research.

I think that the BRE has overlooked evidence of fire suppression systems already installed in the United Kingdom and abroad, as in Vancouver, the impact of fire suppression systems regulation on current housing building practices and that vexed question of the ageing population. The evidence from Scottsdale in Arizona as well as that from Vancouver was misunderstood in the original BRE report. It drew the conclusion that residential sprinkler systems were effective in preventing only 70 per cent of deaths, 30 per cent of injuries and 50 per cent of property damage. We have now learnt from the international experience that we can prevent almost 100 per cent of deaths, 85 per cent of injuries and 90 per cent of property damage.

The Government may be anxious about the cost of the research that I am suggesting should be broader and more widespread and should inform any future thoughts we have on taking action. I can assure the Minister that the cost of the research will largely be borne by the Chief Fire Officers Association. It is already taking a lead in planning and financing the research, using the same research procedures and cost-benefit analyses, but with the new evidence and the new data. I am pleased to say that on 22 September there was a meeting of interested parties to begin the process of enabling us to come to a better informed position about what we plan to do here.

There are concerns. Some people have made objections about the sprinklers sprinkling the water at the wrong time, but the technology has improved enormously, so much so that in the parallel legislation that is moving through the Welsh Assembly under my colleague Ann Jones AM, Dwr Cymru, the Welsh water authority, has demonstrated its approval of the fitting of sprinkler fire suppression systems. It is happy and content about that.

There has been concern that we should put more effort into not new build but old buildings in which there are increased numbers of fire. However, new buildings of today are the older buildings of the future. We should attend to that now by installing these systems. Similarly, 25 per cent of current new build is timber-framed, which is a potential fire hazard. However, it is what people desire and what is happening.

In addition, as a result of demographic changes, we are getting more social housing with older and perhaps more vulnerable people involved. I want to make a point about the origin of fire in rooms. A change is coming about with more older people living by themselves. They are often caught in a single room because they are not able to escape or flee. Why sprinklers represent such a good investment is that we know that on average it takes the fire and rescue services 10 minutes to arrive at the scene of a fire, but people are overwhelmed within the first five minutes, often by smoke inhalation. However, sprinklers are activated within three minutes and by five minutes they are able to put fires out, so very vulnerable people who are caught in the room where the fire originates can be saved. The other beneficial effect of sprinkler systems is that the water cleans the particles and reduces the smoke density and toxicity, and it is so often the smoke that is so dangerous.

Where sprinklers have been fitted, there have been no recorded cases of multiple deaths. No lives have been lost in the United Kingdom in buildings fitted with domestic sprinklers systems. Where sprinkler systems are fitted, fire deaths have almost been eliminated, injuries are down 85 per cent, firefighters’ safety has been improved and property damage is down by 90 per cent. I pay enormous tribute to our firefighters who go into burning buildings to rescue people. We have an obligation to them as well. If we can improve the preventive systems available to us, we can reduce the number of fatalities and injuries that happen to the brave men and women who fight our fires.

We have many supporters for the proposals I am putting forward today. Your Lordships' House expressed approval in the Bill that I introduced in January, which ran out of time because of the general election. We have the support of the Chief Fire Officers Association. Many local authorities have written to me encouraging me in these efforts. I point to the parallel legislation in Wales which is narrowly succeeding.

Do we still need to act? I think we do. In August 2010, the latest national statistics on fires, casualties, false alarms and non-fire incidents call-outs of the fire and rescue services demonstrated that there has been a fall in the number of fires, but that the number of deaths associated with them has gone up slightly. However, if you look at the percentages of deaths against the number of call-outs to fire, they are worrying. It may be that they are attributable to the longer-term trend that I described about the way that people are living longer in the United Kingdom.

What we are attempting to do today is to provide better protection from fire for the elderly, the less mobile and the firefighters, and to reduce the economic and social cost of fires as well as the incidental damage to the environment. We can do something today and through the progress of the Bill we can build up the evidence of what we are saying. There is lots of good will for us to take this forward. I believe we should act now. We need to stop fiddling while our homes burn. I beg to move.

12:08

[Lord McKenzie of Luton]

My Lords, it is with great pleasure that I rise briefly to support my noble friend Lord Harrison. He makes a powerful case for his Bill, which I support. I also pay tribute to his commitment to the cause of fire safety, which he demonstrated again towards the end of the previous Parliament in a Bill truncated because of the general election. Like my noble friend, I take this opportunity of placing on record a tribute to the fire and rescue services, their dedication, their bravery and all they do in keeping so many of us from harm’s way.

If I may say so, I think the approach of this Bill is better than that of the previous Bill. It is seeking a review of the building regulations and an impact assessment of the possibility of automatic fire suppression systems being included for new residential premises. It sets out the matters which should be included in this assessment, but allows for factors outside the list. I have no doubt that the Minister, in giving a government view, will be able to refer to the evidence base which is anyway being assembled in connection with a review of Part B of the building regulations, but there is no reason why this could not be encompassed within the assessment that my noble friend is seeking in the Bill. While Part M of the building regulations is not due to be formally reviewed until 2013, the long lead time needed for changes would not seem to be inconsistent with the 12-month timeframe called for by this Bill.

The BRE research that underpinned the previous update of the building regulations was a bone of contention, and there was no meeting of minds about whether its analysis took account of all the evidence. The Bill presents an opportunity to move on from that, and it is encouraging that the Chief Fire Officers Association is now working on a project with the BRE to update the research. Perhaps the Minister would also take the opportunity to update us on progress on a couple of the research projects that were in train when we left office, particularly the trialling of low-cost sprinkler systems in Lancashire, Kent, Suffolk and Northumberland and the commissioned research looking at the cost-effectiveness of sprinkler systems in high-risk buildings.

My noble friend’s Bill rightly calls for an impact assessment looking at costs and benefits. I have no doubt that we will hear other contributions today which remind us of the fragility of the current housing market and the challenges facing the housebuilding sector, which were not made any easier by the draconian cuts to capital for affordable housing of which we were informed just this week. It is also right that we consider these in the longer-term context. My noble friend’s earlier Bill focused on sprinkler systems for new residential property, not the retrofitting of existing homes. Whatever the conclusions of the review and the impact assessment, we need to continue with a robust, proactive fire safety strategy. That involves efforts to reduce the incidence of fire through education, information and publicity, and in particular reminding people of the importance of having working smoke alarms installed in their homes and regularly testing them. We have seen a dramatic increase in smoke alarm ownership, helped in part by a pump-priming funding stream, which was then mainstreamed for fire and rescue authorities in the revenue support grant of those authorities.

My noble friend Lady Smith of Basildon will say more about this, but any assessment of the costs and benefits of sprinkler systems will doubtless give some regard to the capacity of the fire and rescue authorities to carry out their preventive activities at current levels. The cuts of 25 per cent in support grant will not make this easy. Making up the difference with council tax increases is hardly an option, especially with a squeeze on council tax benefit.

What my noble friend’s Bill seeks is entirely reasonable. It seeks facts and analysis about the impact of installing sprinkler systems in new residential properties and asks that this work be reported to Parliament when completed. It would seem consistent with, and could be accomplished together with or alongside, work streams that might already be under way in connection with an update of the building regulations. It presents the chance to try to resolve a difference of view that is not just about some theoretical or technical debate but about improving fire safety, saving lives and reducing the devastating consequences that a fire can inflict on individuals and families. My noble friend deserves our support and praise for his unswerving commitment to this cause.

12:22

[Lord Tope]

My Lords, I, too, give my thanks to the noble Lord, Lord Harrison, for introducing this Bill and for the full and careful way in which he did so and explaining how it differs from the Bill that he introduced before the last election. I am very grateful to the noble Lord, as I am sure we all are, for meeting those who moved amendments to the previous Bill and for meeting so many of those concerns in the Bill that he has presented. We must all be grateful for that. I am pleased, too, to hear that the Chief Fire Officers Association has formed an interest group to carry forward this research and to update the research that was carried out in 2004 by the Building Research Establishment, implemented in 2006. As both previous speakers said, that research was in part controversial and certainly needs to be looked at again, and I am very pleased that the Chief Fire Officers Association has taken the initiative in doing that. I am even more pleased that it is being done at no cost to the taxpayer, particularly in view of the announcements this week. I should be interested to know when the results of that research will be available, because I am sure that we will all look at it with very great interest.

I hope that the Minister will confirm not only that his department will take part in this research, but that it will play a positive role and, in so doing, dispel the belief that exists in some quarters—wrongly, I am sure—that CLG is somehow anti-sprinkler. It would be a reassurance to all of us to know that CLG welcomes the initiative of the Chief Fire Officers Association and will play a positive role in it—not necessarily an uncritical role, but a positively critical role.

All of us recognise the important part that sprinklers play in the control of fire. Noble Lords will know that my background is in London; I am a former Member of the London Assembly and before that was a member of the London Fire and Civil Defence Authority, so I have some limited interest and knowledge in all this, and I have consulted the London Fire and Emergency Planning Authority for its view. LFEPA tells me that sprinklers control 99 per cent of fires in buildings fully protected by sprinklers, and that losses from fires in buildings protected by sprinklers are estimated to be one-10th of those in unprotected buildings. LFEPA—and I remember former Mayor Livingstone saying that it sounded more like a tapas bar than a fire authority—advocates that sprinklers should be fitted in domestic properties where the most vulnerable live, in addition to smoke alarms. The noble Lord, Lord Harrison, in introducing the Bill, made the case very well. LFEPA says that the impact of fire is grossly disproportionate, in that 30 per cent of fire victims have limited mobility, whether through age, physical disability or loss of mobility occasioned by drink or drug abuse, which may be more the case in London than in many places. In all those cases, smoke alarms alone are not likely to be sufficient. Again, as the noble Lord pointed out, the demography of our nation means that this problem is, sadly, more likely to increase than decrease.

Few of us would disagree that the greater and more effective use of sprinkler systems is desirable. The real question is how best to bring that about. I know that neither this Bill nor the Chief Fire Officers Association necessarily seeks further legislation or regulation, but perhaps better regulation. Whether that needs another expensive government review—or, indeed, whether such a review needs to be expensive—I do not know. Whether it is necessary so soon after the implementation of the 2004 review, I am less sure. Certainly, we should have the outcome of the CFOA review first.

I now digress a little, as this is a Second Reading debate. We will all agree that fire prevention is even better than fire control. I have been approached by NICEIC, which has regulated the UK electrical industry on a voluntary basis since 1956. It tells me that in 2007 there were over 43,000 fires of electrical origin in the UK, nearly 8,000 of which were due to electrical fault. NICEIC believes that it is imperative that standards of electrical installation work are not impacted on adversely by potential future changes to the building regulations. It believes that building regulations can be improved to reduce the burden on local and central government, as well as to the tradesmen belonging to a competent persons scheme. Those schemes are working well, but better regulation enforcement and promotion are needed. There is a need to ensure compliance and consistency in the building regulations so that practitioners, as well as consumers, can have confidence in the standards of the electrical work carried out. NICEIC contends that if industry were to take responsibility for the future development of the technical requirements contained in approved documents, such as approved document P, there would be greater clarity and industry support, thereby ensuring consistency and compliance. This would reduce the burden, in terms of staff time and costs, on central government.

I am sorry that I was not able to give the Minister notice of this concern and, of course, I do not expect him to respond today. However, I know that these concerns are known to his department and I should be grateful if he would arrange for me to get a response in due course.

I also know that my honourable friend Andrew Stunell in another place is undertaking a review of building regulations on behalf of the department. I happen to know, because I have known him for a long time, that it is a subject in which he has taken a personal interest for many years and on which he is very knowledgeable—something that I certainly do not claim for myself. I am sure therefore that the results of his review will lead to very much better regulation. Better regulation certainly does not mean more regulation, nor, necessarily, less regulation. It is what it says it is—better regulation. It is regulation that is clear in its objective and capable of effective enforcement, which of itself must therefore mean greater compliance.

I end as I began by thanking the noble Lord, Lord Harrison, for introducing this Bill and thus stimulating further debate on this very important subject.

12:30

[Lord Best]

My Lords, I congratulate the noble Lord, Lord Harrison, on bringing forward this revised version of his earlier Bill. During Committee on the noble Lord’s previous Bill, I moved an amendment to his proposal for a mandatory requirement for the installation of domestic sprinkler systems, changing this to introducing a review in consultation with representatives of house purchasers, tenants, housebuilders, housing associations and other interested parties to ascertain the feasibility of amending the building regulations. I am therefore very pleased with the noble Lord’s mark 2 Bill, which follows this line.

I declare an interest as chairman of the Hanover housing association, a charity which provides 19,000 homes for older people. My remarks relate particularly to the building of new homes for this age group, which, as the noble Lord has pointed out, is the main target for the changes in the building regulations which eventually may emerge from this initiative.

The housing associations, including Hanover, are keen to find ways to keep our residents safer and to lower the costs of damage if there are fires in our buildings. Sprinklers would achieve that. I would add a further point in favour of installation of sprinklers in new homes; that is, the advantage in terms of design. With sprinklers in place, it is possible to have open-plan apartments without the ventilated lobbies and cumbersome internal walls that are necessary because of current fire regulations. I have witnessed many excellent and well designed open-plan apartments for older people in Switzerland, Germany, Sweden, Denmark and the Netherlands, where architects and residents have been liberated from the requirements for boxed-in lobbies that use up space and restrict design options. I recommend that any reviews look at European experience and that from the US. Indeed, some American providers of care homes are now operating in this country and bringing with them a knowledge of sprinkler systems from which all of us can learn.

Perhaps I may list some of the questions which the review of the building regulations envisaged by this Bill would need to address. On capital cost, we need to know how much a new system will cost to install, but we also will need to know how much is likely to be saved on an average basis as a result of the installation. If each fire costs less because there is less damage, quite apart from the saving of lives, that advantage means we need to know what savings will result. If there is a net additional cost to the provision of the new homes, we have to ask whether this is affordable at a time when we are trying to invest more in other ways in new housing—namely, in the sustainability of new homes and moving up to the levels of the code for sustainable homes—and in investment in accessibility of new housing to achieve full lifetime home standards, meaning that all homes are spacious enough and well planned enough to accommodate all mobility problems that any of us may encounter in our lifetimes. Will something else have to give if we add expenditure on sprinkler systems to the capital costs of each new home?

The Hanover housing association and all housing associations, not least because we are very worried by the cuts announced earlier this week, are having to look at the capital costs of everything that we do with the utmost care. We are trying to trim any possible frills in anything that we build and we would need to be convinced that the cost benefits are really there before adding any extra burden to the total expenditure.

Leading on from that, there will be ongoing costs. What will these be in terms of maintaining the system? For example, there may be repairs if pipes burst, perhaps because they always have to be kept filled during the winter months, and regular checking and servicing of the system to see that it works. There also may be offsetting costs. For example, will insurance companies reduce premiums because fire claims are likely to be fewer and smaller? But if there are net costs—I gather that the estimate for servicing the systems will work out at around £150 per annum or £3 per week—will this be welcomed by the occupiers who have to pay? Does research with consumers and residents suggest that they would see this as a priority for extra spending?

At Hanover housing association we are having to increase service charges in many of our schemes because help from the Supporting People grants has become tighter. Residents never like to pay more. While £3 per week could well be worth paying, before adding it to the rising costs facing tenants we would need to get buy-in from those residents since they will be paying the bills. This is not the place to express my anxieties about the future for housing benefit, but it is possible that the support for tenants’ rents will be reduced in the future. If so, adding any additional burden might be impossible.

The noble Earl, Lord Cathcart, in the earlier debates pointed out that expenditure here would not reach any existing homes. Some 85 per cent of existing stock will still be with us in 2050. One has to ask whether the same amount of investment going into a relatively small number of new homes might not do more good if it were to be spread among the most hazardous buildings and existing accommodation where fire hazards may be greater. There will be opportunity costs involved here.

In talking to colleagues, questions have been raised about behavioural aspects of this issue and how people may react to the introduction of sprinkler systems. For example, at present, if a smoke alarm is triggered in a development of apartments for older people, the advice for all those adjacent to the fire is to stay put. The doors of the flats will hold back the spread of fire until help arrives. It is not a good idea for older people to pour out of their flats and try to get out of the building. Will the presence of sprinklers, whether they go off or whether residents believe that they will go off, lead to more people trying to get out of their flats when a fire alarm sounds? Could that lead to more accidents and harm than the current system? Could our own forgetfulness and occasional ineptitude mean that sprinklers could cause as much damage as they prevent—for example, when the toast is badly burnt and smoke fills the kitchen? Will residents worry about false alarms and systems soaking their flats for no good reason? These are some of the points that I hope a major review could investigate.

I support the noble Lord, Lord Harrison, in pressing the case for this review. I certainly pledge the expertise of my organisation, Hanover, with its excellent architectural advisers such as Sidell Gibson and PRP—as well as, I am sure, the input of the very articulate and well informed residents in our retirement housing—to assist in any way we can. I wish the Bill well.

12:38

[Lord Hoyle]

My Lords, as I am the last to speak before the Front-Benchers, your Lordships will be pleased to know that I am not going to make a very long speech. If I did, I would be as popular as the fourth official at the Reebok Stadium if Bolton Wanderers were beating Manchester United one nil and he allowed four minutes’ extra time.

However, I could not not be here this morning to support my noble friend, having supported him in his previous Bill, because it is very important that we examine this proposal. His proposal now does not go as far as his previous one, which called for it to be mandatory policy to fit sprinklers, but goes along with building regulations. The noble Lord who just spoke raised some interesting questions. He asked: would it be better, instead of putting sprinklers in every new house, to look at the most hazardous buildings and fit them there, where more people might be at risk? That is certainly something that we need to look at. I hope that the Minister's speech does not concentrate solely on the cost. There is a cost—that has been illustrated—but what is the cost of losing a life? That is what we have to pose everything against.

I am very pleased that my noble friend has the support of the chief officers in the fire services, because none of us here can pay enough tribute to them for their work, and we must take note of their going along with proposals under which they feel that we could make people safer against fires. It is quite right that my noble friend concentrated on the changing circumstances of society. Elderly people will remain in their homes for longer. They will be more vulnerable because of that, especially to fires—or they may cause fires.

I raise another instance that can arise with fires, which involves young couples with children who are in different rooms. It is difficult to get them out in time. As my noble friend said, it can take up to 10 minutes for the fire service to arrive, but a sprinkler can prevent that fire in three minutes. Imagine the anguish that people face if they have children in other rooms. Sometimes they have to decide which room they can get into and which child they can save. If sprinklers begin to help to save their lives, that will be very well worth while.

My noble friend was also right when he said that the examinations that have been made under building regulations are not up to date in looking at the appropriate facts. We must look at the fitting of sprinklers not only in this country but where it has been mandatory, in Vancouver and certain parts of Arizona. There, we see quite a different efficiency applied to sprinklers. They say that fire deaths have all but been eliminated, that injuries have been reduced by 85 per cent, that there has been an improvement in fire fighters' safety and that property damage has been reduced by 90 per cent. Those are figures that we must take into account when reaching a decision on this matter.

My noble friend is not calling for something that is mandatory at this stage, but for a new look at sprinklers. He is not asking for a complete review—I know that the Minister may say in reply that they have had a review and that it is complete. All my noble friend is asking for is for us to look again at the question of fire safety in relation to sprinklers. Finally, if the facts that we have available from other countries that have tried it out have shown that lives can be saved and property damage reduced, that would be worth while and certainly ought to be looked at in depth, because if we can save one life as a result of this debate, this Bill will have been very worth while. I welcome it.

12:45

[Baroness Smith of Basildon]

My Lords, the Bill before us today is the result of discussions on amendments made to the Bill introduced by my noble friend Lord Harrison in the previous Session of Parliament. I add my appreciation of the work that he has done and endorse the comments made by other noble Lords. His tenacity and commitment on this issue is to be congratulated.

His Bill, the Building Regulations (Amendment) Bill, sought to amend the building regulations to make the installation of domestic sprinkler systems in all new domestic buildings a mandatory requirement. The Bill before us today, the Building Regulations (Review) Bill, would ensure that building regulations are being reviewed and that the latest and most up-to-date research available is used to assess whether it is effective—including cost-effective—for sprinkler systems to be used in new homes.

Reading through your Lordships’ debates at that time, it is clear that there was considerable support in your Lordships' House for fire reduction measures and sprinklers, and with good cause. As my noble friend Lord McKenzie stated in the previous Session, we have common cause on this issue. That has been clear today as well. There were some concerns about the precise focus of the Bill. I congratulate my noble friend Lord Harrison on bringing forward this measure today, to which I hope that the Government will give speedy passage and effect.

There are very good reasons to ensure that the Bill becomes law. The statistics for the number of fires show a huge fall—it is quite remarkable. A number of factors are responsible for that. Fire safety legislation has been brought in, including legislation on smoke-retardant furniture, which has meant fewer incidents of furniture catching fire quickly. The fire service has done incredible work promoting awareness of fire safety. Of course, the promotion and installation of smoke alarms has also had a major impact. As a result of all those measures, the number of fires in England has been steadily falling. Last year, in 2009-10, it was down by 3 per cent on the previous year, and there were 32 per cent fewer fires than 10 years ago, although there were some annual fluctuations. Even more welcome is the ongoing downward trend in deaths and casualties from fire incidents. Last year there were 55 per cent fewer deaths than 25 years ago.

I have been a patron of the Burned Children’s Club, an amazing charity based in Essex with a national reputation, which started in Basildon. The charity works closely with the fire service and provides support for children and young people who have been badly injured by fire. It was founded and is run by a remarkable woman, a former burns unit nurse, called Pat Wade. Many of us have seen the devastating effects of fire, but unless you have experienced it, it is hard to understand the impact it can have on a young life. A child who has been horrifically burned may be unable to use one or more limbs, or may have scars and injuries that create a host of medical and social issues for many years to come.

We also have to consider the impact on fire fighters themselves. When a fire fighter goes to work, they never know what they may face that day, but they have to be prepared to face any situation. They may spend the day advising on and installing smoke alarms, or maybe talking to schools and groups, but equally they may be required to enter a burning building. I have served as a Fire Minister both in England and in Northern Ireland, and previously on a fire authority for eight years. When a fire fighter dies or is seriously injured in the course of his or her duty, it is something that affects not just their family but their colleagues and the wider fire service family in a way that is profoundly and deeply upsetting. One of the reasons I feel so strongly about the need fully and properly to consider the issue of sprinklers in domestic properties is having met those whose lives have been forever changed by fire. If there is anything we can do to reduce the likelihood of such deaths and injuries, and make people safer in their own homes, we have a duty to do so.

The great hope has been that fire deaths have reached a plateau and that the efforts made will ensure that the numbers remain low, protecting both the public and the fire service, but the fear is that without greater efforts now, we could see an increase. My concern is that the risks are increasing, and there are a number of factors for why this is so. As we heard from my noble friend Lord Harrison, we have an ageing population and a greater proportion of older people who are more likely to be living at home. We also have a greater number of people with disabilities or with mobility problems who are living at home. Changes in social care reflect this pattern. We also now have more timber-framed homes, more people work from home, and we have to take on board cuts in fire service budgets.

The Chancellor, George Osborne, said in the CSR Statement, which was repeated in your Lordships’ House this week:

“In recognition of the important service provided by the fire and rescue service, we have decided to limit its budget reductions in return for substantial operational reform”.—[Official Report, Commons, 20/10/10; col. 953.]

At the same time, the Department for Communities and Local Government was sending out a notification of the cuts to be made to local fire authority budgets that amount to a staggering 25 per cent of the formula grant. Different fire authorities receive a different proportion of their funding through the grant, so the impact will not be uniform across the authorities. For my own authority in Essex, it amounts to about 13 per cent of the budget, at probably over £8 million. In Staffordshire, the cut will be around £4.5 million, and it will increase in each year of the spending review period. I understand that the Fire Minister has committed to working with the fire authorities on this, but I find it difficult to understand how such a level of cuts can ever be achieved through operational reform without impacting directly on the level of service that fire authorities will be able to provide.

We do not yet know what the cuts in the fire service will mean. Chief fire officers, along with the fire authorities, will look at how they can manage this in the best interests of the service, and the Fire Brigades Union will no doubt have to undertake an analysis of what this means for its members. Your Lordships will appreciate that this is very recent news and there has not really been time to digest and understand the full implications, but it is impossible to divorce the implications of such high and unjustified budget cuts from the need to take an urgent look at all ways to improve fire safety, taking into account the other pressures I have referred to.

No one wants to see unnecessary legislation or legislation that is overly bureaucratic or disproportionate to the issue. So, when looking at this issue, we need to examine the factors already referred to, as well as the cost to the economy, as we have heard, of fires and fire damage, which is substantial and runs into billions. Many buildings in this country already have sprinkler systems in place, and our building regulations recognise their contribution to fire safety. Where sprinkler systems have been installed, fire deaths have been almost eliminated, fire injuries reduced by 85 per cent, and there have been significant improvements in fire fighter safety. There is also a significant reduction in property damage, both by tackling the fire earlier and by using less water through sprinkler systems and the fire service. The evidence about sprinklers that is available already is encouraging, and the Bill before us today will enable us to use evidence from other parts of the world where fire sprinkler systems are already a statutory requirement.

My noble friend Lord Harrison’s Bill seeks to address these issues by examining, in a building regulations review, costs, benefits, the environmental impact, the impact on fire fighters and sustainability—in short, all the relevant factors. The noble Lord, Lord Best, expanded on these and raised further concerns that can be addressed in the review. I share his concern about fire sprinklers going off unnecessarily. Every time I cook in the kitchen, the fire alarm goes off. However, I am told that sprinklers are much more sophisticated than smoke alarms.

My noble friend Lord Harrison also referred to the cost issues and the support of the Chief Fire Officers Association. The work it is already undertaking with the BRE can be expanded to take into account the provisions of this Bill.

My noble friend Lord McKenzie referred to work that has recently been undertaken. I refer the Minister to the recent research, A Cost Benefit Analysis of Options to Reduce the Risk of Fire and Rescue in Areas of New Build Homes, with specific reference to the Thames Gateway. The research did not recommend that all new homes should have sprinklers. One of its reasons was that in the Thames Gateway the fire and rescue service level is relatively good, with adequate resources for relatively low levels of utilisation. However, if resources are cut, it will make it more essential that we look at other means of fire prevention and of protecting the public. When Part B has been reviewed—we know it is being reviewed now—will he promise the House that he will ensure that building regulations are reviewed and that the provisions in this Bill will be taken forward as part and parcel of that review?

My noble friend Lord Harrison has done this House and the interests of fire safety a great service in bringing this Bill forward. It provides the most relevant and up-to-date information and evidence that can be assessed and tested. I hope the House and the Government will give the Bill all the support it deserves.

12:54

[Earl Attlee]

My Lords, I congratulate the noble Lord, Lord Harrison, on introducing this Private Member’s Bill. Fire safety is clearly a matter of great concern to us all and I know that the noble Lord has taken a considerable personal interest in the subject. I am grateful for the way in which he has carefully explained the background to his Bill. He spoke movingly of the victims and the increasing vulnerability of the population, a point also strongly made by the noble Baroness, Lady Smith.

I shall not get drawn into a dog fight about the Budget because the noble Lord’s point is a technical one about how we can best reduce casualties. Fire safety strategies are starting to succeed: fire deaths in the home in England have halved since the 1980s and the long-term trend is downwards. However, there are still too many. In 2008, 213 people perished in accidental fires in the home—and, of course, one fire death is one too many. We all remember the events of 3 July last year and the devastating fire in Lakanal House, Camberwell, in which six residents tragically lost their lives; and then, on 6 April this year, firefighters James Shears and Alan Bannon died in the line of duty at Shirley Towers in Southampton. I join many noble Lords in their fulsome tributes to those in our fire service who have to take great risks indeed. As a noble Lord pointed out, they go to work and do not know what is going to happen that day; it is a complete mystery.

Recent statistics suggest that the long-term downward trend is beginning to plateau. We are anxious to see how deaths can be reduced still further and we will not allow the status quo to obtain; we will constantly look to see how we can reduce casualties. I am sure that that is exactly what the noble Lord, Lord Harrison, seeks to do with his Bill.

Since 1997, the key strategy to reducing preventable fire deaths has been through community fire safety activities. This involves efforts to reduce the incidence of fire through education, information and publicity. The noble Lord, Lord McKenzie, made important observations in this area, a key one of which was the need to regularly test smoke alarms. The installation of properly maintained smoke alarms in every household is at the centre of these efforts as they provide vital early warning of fire, enabling people to escape.

The Fire Kills campaign has, for some time now, conducted high profile campaigns promoting smoke alarms which have proved very successful. While building regulations have an important role to play, this kind of campaign benefits the whole population, not only the occupants of newly built properties. Ownership of smoke alarms in England now stands at 85 per cent of households and they can be purchased relatively cheaply. We are seeking to raise awareness of their value as evidence suggests that those who do not have them are often in the groups that are most at risk from fire. The noble Baroness, Lady Smith, spoke about how devastating fires can be to individuals and important charitable activities in Essex.

Initially a freeze was imposed on all government awareness campaigns while their effectiveness was assessed. However, I am pleased to say that the Cabinet Office’s Efficiency and Reform Group has recognised that the Fire Kills media campaign delivers measurable public safety benefits and we are, therefore, continuing to support this important and effective programme. The national campaign developed by DCLG will work with the fire and rescue services and the commercial and voluntary sectors to seek out new opportunities, creating hooks that can be utilised at the local level.

In these difficult economic times, an important part of the Government’s strategy for financial growth is to support business by adopting a deregulatory policy. The Government will regulate to achieve a policy objective only if it can be shown that regulation is the last resort. In addition, the one-in, one-out rule for regulation means that when the Government introduce a new regulation, they must first identify an existing one to remove so that the number of regulations does not increase. This groundbreaking approach makes it clear that all non-regulatory routes must be exhausted before any new regulation is brought in.

The Government are determined to make it easier to build the homes that this country needs. Appropriate building standards, applied sensibly, help both builders and communities, but they can be effective only if they are easier to understand. That is why we are committed to simplifying the process for housebuilders to meet the standards that communities rightly demand. This work to cut red tape will complement the review of building regulations launched by my colleague Andrew Stunell earlier this year.

We have called for views on how building regulations can be improved, added to or slimmed down. We have also asked for suggestions as to how we can deliver even better levels of compliance in the future. We will listen to these ideas and those from the Cabinet Office’s Your Freedom and my own department’s Cut Red Tape exercises. We plan to announce the results around the end of the year. It has been suggested that there should be greater requirement for sprinkler protection in building regulations for residential and domestic buildings and for public and commercial buildings. These comments will be given due consideration, but there is little new evidence to suggest a need for change.

I am well aware of calls for the building regulations to be amended to require sprinklers to be provided in new dwellings and other new domestic buildings. We recognise the significant role that they can play in life and property protection and in public safety. We do not consider that it is necessarily for the Government to dictate to the business sector how to manage its business risks. If the fire industry or fire and rescue service consider that greater fire protection would be good for UK businesses, they should take the case directly to building owners rather than to Government.

There are already provisions in the building regulations for the use of sprinkler protection. Part B deals with fire safety and Requirement B3 covers internal fire spread within a building. This already sets out that, subject to the size and intended use of the building, suitable fire suppression systems such as sprinklers and sub-division by fire-resisting construction should be provided. The Department for Communities and Local Government also issues guidance in the form of Approved Document B, which sets out what is considered to be a reasonable provision to satisfy the requirements of Part B. Sprinkler protection for certain non-residential buildings has been included within this guidance for some time to cover those premises where such a provision is considered proportionate to the risk to people in and around the building from fire.

Provisions for sprinkler protection in domestic and residential buildings are also given in the latest edition of Approved Document B which was published in 2006. This included provision for sprinklers to be installed in tall blocks of flats over 30 metres in height and included their use as an option in residential care homes. This option offers an alternative to an otherwise more onerous set of standards for care homes introduced at the same time.

This is just one of a range of measures that can be varied where sprinkler systems are installed. The benefits that such installations can offer are explained in the approved document and the guidance is structured so that those benefits are realised in reduced construction costs.

The changes made in 2006 drew on an extensive four-year research project looking at residential and domestic sprinklers from both an effectiveness and cost-benefit perspective. Since then, the previous Government also commissioned a project looking at the installation of sprinklers as an active protection measure where large numbers of houses were being built at one time. It had been suggested at the time that sprinklers might provide an option to address the fire and community safety needs of areas such as the Thames Gateway and perhaps avoid the need for increased fire and rescue services. The study concluded that this was not a cost-effective solution. The noble Baroness, Lady Smith, also referred to that and I will read what she said carefully in Hansard.

Noble Lords will appreciate that, given the work that has already been done in this area and the absence of compelling new evidence, the Government are reluctant to commit more time and energy revisiting the same question. However, we note the news that the Chief Fire Officers Association has commissioned a further review, funded by industry, to update and expand the available evidence base. In answer to my noble friend Lord Tope, officials from the Department for Communities and Local Government are fully engaged with the project team working on this new review and have offered their assistance in developing as robust an analysis as possible. We await the results of that work with interest.

We will continue to monitor the situation and the effectiveness of the various strands of fire safety policy. I accept that we are likely to return to this issue and we recognise that the issues listed in the noble Lord’s Bill are among those matters that are likely to be addressed. However, I question whether it is either wise or prudent for any Government to commit themselves to a specific timeframe to commence a review, given the inevitable need to respond to changing priorities. I also question whether it is not more appropriate for the fire protection industry and the insurance sector to consider some of these matters for themselves.

The noble Lord, Lord Harrison, mentioned the £7 billion cost of fire. In 2004, the total cost of fire in England and Wales was estimated at £7 billion, but it is important to understand that this figure incorporates all costs associated with fire. The consequences of fire are just one component of that figure; they were estimated at £2.25 billion. The £7.03 billion figure includes the costs of providing fire protection and fire and rescue service interventions. Introducing the requirement for more fire protection in buildings could only increase that overall bill.

In his interesting intervention the noble Lord, Lord Best, properly identified some difficulties involved with installing and, most important, maintaining sprinkler systems. I hope that his organisation will contribute to the study. In response to my noble friend Lord Tope—I think that I have touched on this—Andrew Stunell will make a statement around the end of this year to set out his intentions for the building regulations. It will include plans relating to electrical safety.

In one of the points made by the noble Lord, Lord McKenzie of Luton, he asked about the projects on low-cost sprinklers and on the cost-effectiveness for high-risk premises. I understand that both of those projects were essentially complete when the noble Lord was still in post and that there is now an expectation that further work in that respect is being taken forward by the Chief Fire Officers Association and the fire protection industry.

Many noble Lords touched on the issue of costs. There appears to be some doubt about how much domestic sprinkler systems cost. Estimates vary greatly, from less than £1,000 to well over £3,000. Of course, I accept that costs are likely to fall with volume. However, if we were to build 150,000 homes in a year and assume a typical unit cost of £2,000, that would cost the country £300 million every year. In answer to the noble Lord, Lord Hoyle, on the costs that we consider for human life, we have to look for the most cost-effective technical solution and for where the greatest risk lies, which is not necessarily in new buildings.

The cost of carrying out the work set out in the Bill should not be ignored. I refer to the earlier work that was commissioned by the previous Government to look at sprinkler protection in areas of rapid growth such as the Thames Gateway. I understand that this comparatively simple project cost in the order of £100,000 of taxpayers’ money. In my opinion, to commit many more times this sum to go over old ground so soon would be an irresponsible use of public resources.

The noble Lord, Lord Harrison, mentioned the experience in Vancouver. While experience from other countries is obviously valuable information, we must consider the level of uncertainty of the statistics derived from the comparatively small sample size.

Many noble Lords, including the noble Lord, Lord Harrison, and the noble Baroness, Lady Smith, talked about timber-framed buildings. This is an obvious problem. The new Government are aware of the concerns about this type of building and will tackle them head-on. We intend to work with industry to establish whether there is evidence of specific risks associated with timber-framed buildings and how best to address them. We are also actively awaiting a London Assembly report on this issue, and we will look at its conclusions carefully.

The Government take fire safety issues very seriously. We all understand the injury, the heartache and the damage that fire causes, and we are keen to explore new and innovative ways to reduce the toll. At present, however, we must focus on our priorities. While we agree with the desire to answer the questions set out in the Bill, we must express strong reservations about the provisions in it of a statutory commitment for the Government.

13:10

[Lord Harrison]

My Lords, this has been an excellent and wide-ranging debate, and I am grateful to the noble Lord, Lord Tope, for bringing his experience of local authorities and London to the table. I am pleased to have heard once again the noble Lord, Lord Best, who asked pertinent questions and who was prepared to avail us of the information from the housing association that he is associated with, as well as the consumers who are affected by any changes that might be made.

I am grateful to my noble friend Lord McKenzie of Luton, who brings with him his own expertise, having wrestled with this in the past. Clearly the mantle has been passed well to the noble Baroness, Lady Smith of Basildon, as her contribution shows.

I noted that the noble Lord, Lord Hoyle, went five minutes over time in making his contribution, which would have given Manchester United ample opportunity to score more goals. However, it is relevant to point out that in the past, as many of us will remember, incidents such as the dreadful fire in the Bradford football stadium led to legislation and work with the industry to ensure that spectators were not incinerated in future. That is why it is important that again we wrestle with these issues.

I will not give a deep analysis of the Minister’s reply. I will say, though, that he talked about an absence of new evidence, and we are happy to bring that new evidence forward. I congratulate him on, and I am grateful for, the proper sense of inquiry that he has shown today. He is cautious, but we will attempt to persuade him, to ensure that we can achieve the aims of the Bill and to put a time limit on action, because we think that these things are urgent.

Bill read a second time and committed to a Committee of the Whole House.

House adjourned at 1.14 pm.