Leaseholders: Safety Remediation Costs

Baroness Brinton Excerpts

Thursday 4th November 2021 Lords Chamber

[Baroness Brinton (LD) [V]]

My Lords, I declare an interest as vice-chair of the All-Party Group on Fire Safety and Rescue and as a vice-president of the LGA. I congratulate my noble friend Lord Stunell on securing this important debate.

I start by agreeing with him and my noble friend Lord Shipley about the need for affordable, safe and green housing. Homes built for lifetime occupation also need to be part of it, ones which can easily and cheaply be adapted for disabled and elderly residents. It says much about the current large property companies that they regularly refuse to build to these standards, although Habinteg tells us that average new-build costs are just a handful of thousands of pounds, whereas adaptations in later life can cost 10 times that amount, as well as the costs of people having to leave their beloved homes and move into care homes. This also says much about who is currently in the driving seat on standards and regulations: it is not the Government or local government, but the builders. There is now evidence of the system being abused, as outlined by the noble Earl, Lord Lytton.

The Grenfell Tower fire happened in June 2017. As we know, 72 people lost their lives. The very moving “Grenfell: The Untold Story” documentary on Channel 4 took us step by step through the concerns of residents during the obviously mismanaged updating works, the night of the fire, and the problems they have had since in other accommodation. For those who have never been present at a fire, it was pretty terrifying. I speak as someone who has been; as part of my job as a stage manager, I had to get an entire audience out of a theatre that caught fire. It is pretty frightening as the smoke rolls towards you.

Far too many blocks are excluded from government assistance, as outlined by a number of noble Lords, including my noble friend Lord Stunell, despite the Government offering some billions of pounds to “end the cladding scandal”. Sitting behind the large growth in flats recently has been the need to increase the number of homes, especially in the greater south-east and around our larger cities and conurbations across the UK. Large numbers of flats and apartments, many high-rise, have been built over the last decade, which are essential. Many more are needed. But the financial structures, as outlined by noble Lords, have also exacerbated the problems of leaseholders facing large bills for cladding.

This Government’s obsession with home ownership has meant that, for many young people, finding that deposit and part ownership have enabled them to get on to the property ladder. But neither they nor their funders understood that these homes were being built to unsafe standards, signed off by a less than independent inspection process, which has now resulted in them facing extraordinarily large bills for remediation and, prior to remediation, the cost of 24-hour walking warden services.

I will spend a short time on the liabilities of the construction sector. The major builders say that, for those buildings completed after the standard 10-year structural defect warranty, they and their insurers can wash their hands of any liability. However, most structural defect warranties assume that the contractors have built to building standards and complied with the building inspection rules of the day. It is now evident, way beyond the chilling evidence at the Grenfell inquiry, that the short cuts that too many of these companies, and their contractors and suppliers, took have resulted in unsafe buildings with dangerous cladding never designed for these blocks, which act, in effect, as installed firelighters.

As a member of the All-Party Group for Fire Safety and Rescue, I have watched the evidence given by cladding manufacturers at the Grenfell inquiry. Managers of cladding firms, granted immunity under the terms of the inquiry, explained how they deliberately used the wrong cladding—and cladding certificates—for these buildings. Clerks of works at the site, at best, took their words at face value; in the worst cases, some inspectors clearly turned blind eyes. That immunity was a high price to pay but at least we are now getting to the real root of the problem: a broken building and inspection system.

Three years ago, the APPG even heard of one tower block, not in London, where all the non-fire-compliant front doors to the flats were removed and replaced with compliant doors for one week, to the utter bemusement of the residents. After the building was inspected, the old doors went up again. Whistleblowers have been saying for the past few years that many bad practices had already started since the relaxation of the inspection regime.

In any other industry, local government, the Government, construction and financial services industry bodies, and their insurers would have got together to talk through how to manage this crisis. Banks, building societies and housing associations will also need support if they are to find the resources to help them round their rules, so that they can help people who have mortgages or leases with them in these buildings with cladding.

In any other industry, freeholders would have sued the building companies and their insurers to protect the leaseholders. Instead, too many freeholders have turned to leaseholders to pay. Other noble Lords have talked about the “polluter pays” principle. I agree with the noble Lord, Lord Young of Cookham, that there will also need to be other structures for payment. I like the idea, as others have said, of an extra levy to provide for the £10-billion and £5-billion holes in the system.

In any other industry, those who falsified construction certificates, especially if relating to cladding, would have been interviewed by the police. Falsifying cladding safety certificates, and inspection works in this instance, have put hundreds of thousands of leaseholders and their families at high risk of fire, of damage to their properties and of their injury or death.

However, this is not any other industry. In 2019, property tycoons gave the Conservatives more than £11 million. There were questions about cash for access and a dinner at which the then Housing Secretary, Robert Jenrick, was sat next to a large potential donor. I know that he left, but the point is that it was very uncomfortable. Despite the Select Committee in the other place recommending that the Government do all they can to protect leaseholders from these costs, instead, the reality is that leaseholders are facing bills so large that some are higher than the value of the property they have bought. They cannot sell with that liability. Their mortgagors are equally stuck because their rules are also strict.

There are 500,000 homes facing a tornado of problems. It is time that the Government led a proper round of emergency discussions with all the parties and not just for high-rise buildings of over 12 metres. This arbitrary height definition has no place when cladding remains dangerous. However, what needs to happen first is that the building sector, especially large construction companies, must agree its share of the immediate payment of remediation costs. I hear the Minister saying, “But we’ve told freeholders not to pass charges on to leaseholders”. Until the Government own this issue and start to strong-arm the various bodies to take responsibility, this will not change; it should, but will not. If there is no change, will the Minister agree that a class action of leaseholders against the constructors should be funded by the public purse? In the meantime, will the Government take other actions to help resolve these issues?

Gypsies and Travellers

Baroness Brinton Excerpts

Thursday 4th November 2021 Lords Chamber

[Lord Greenhalgh (Con)]

My Lords, I think that is what we have. We are working with local authorities and encouraging them to assess their local need. We have seen, through this policy, an increase in site provision and we feel that responsibility rests in local government. As someone who spent 20 years in local government, I do not think everything should be directed from Whitehall.

[Baroness Brinton (LD) [V]]

My Lords, the Minister has just said that there has been an increase in authorised encampment pitches. The reality is that there has been an overall 8.4% decrease of pitches on local authority Traveller sites over the last decade. There has been an increase in unauthorised encampment sites not run by local authorities. It seems extraordinary, at a time when this Government propose to criminalise Gypsy and Traveller families who cannot find authorised encampment pitches, that they are not doing more than “encourage” local authorities to fulfil their duties. Please will the Government reconsider that and ensure that local authorities provide enough sites for the community?

[Lord Greenhalgh (Con)]

My Lords, I can provide only the statistics that I have been given, which are that since 2010 there has been an increase of 1,291 new affordable permanent pitches, and in the January 2020 Traveller caravan count there were 354 transit pitches, of which 138 were vacant transit pitches. We recognise the need to increase supply, which is why we are providing the affordable homes grant that local authorities can bid into. I also point out that there is a very high bar for criminality—members of the community committing actual harm—before criminal proceedings begin.

Inclusive Society

Baroness Brinton Excerpts

Wednesday 14th April 2021 Grand Committee

[Baroness Brinton (LD) [V]]

My Lords, I declare my interests as a vice-president of the Local Government Association and a recent former trustee of UNICEF UK.

I start by congratulating the noble Baroness, Lady Lister, on securing this important debate and Members of your Lordships’ House on their excellent, wide-ranging contributions. The noble Baroness referred to the Beveridge report and the Sunday Times editorial. I always think that we should go back to John Stuart Mill and his liberal safety net, to which noble Lords have referred.

My noble friend Lord Beith reminded us that crises often last longer than we expect. He rightly focused on the use during the pandemic of powers that seem to be creeping into our lives afterwards, with an impact on our human rights. Freedom remains the right of all our citizens. The noble Baroness, Lady Fox, also reminded us of the importance of that. I disagree with her views about LTNs and creating new ways of travel, but LTNs should not be made in isolation. We should also increase public transport, with buses and minibuses in those communities as well as wider pavements for pedestrians and wheelchair users.

My noble friend Lady Tyler reminded us that the World Bank has put us on notice to make our society more resilient in future from whatever shocks of whatever nature. The noble Baroness, Lady Ritchie, linked to the United Nations’ warning of the explosion of inequalities across the globe. She and the noble Lord, Lord Brooke, reminded us of the difficulties facing the economy after needing to spend at such high levels to manage the crisis and that this is likely to continue. We say that austerity may look attractive to get the books back in order but, for all the reasons that most other speakers have given, balancing society is as important as balancing the economy and we may have to bear this for some time longer.

The noble Baroness, Lady D’Souza, rightly pointed out that we need a more joined-up government plan. Where is the big plan for children—a theme much repeated this afternoon? The noble Baroness, Lady Chakrabarti, was right to say that the pandemic is not a leveller but in fact has highlighted every weakness in our society. The noble Baroness, Lady Prashar, warned us that if we do not tackle social policies now, the current inequalities will grow rapidly. Virtually every speaker has made that point on an area that they feel strongly about. However, until we have a strategic overview that is grasped by government, it will not become a shared purpose for us as a nation.

The whole-life approach is absolutely a post-pandemic tool. The noble Baroness, Lady Sherlock, reminded us of the Marmot review, which ran in parallel with Hurricane Maria. The effects of the pandemic on our society will still be emerging for some time. Issues such as the missing of serious, life-threatening illnesses because of disruption to the NHS for more than a year, with the subsequent mortality rates, will shock us all. My noble friend Lady Tyler said that the Lords Public Services Committee’s report needed a government strategy to be published. Can the Minister tell us when that will happen?

The treatment of paid and unpaid carers over the past year, during the pandemic, has highlighted a problem with social care. Many of our unpaid carers are saving the country billions, but at what cost to them, their safety and their families?

Much has been said about food banks, the cost of renting properties and cliff edges for those living in or on the edge of poverty. The noble Baroness, Lady Chakrabarti, spoke of food rights for everyone. She talked about the need to provide a free, nutritious meal to all schoolchildren and said that these facilities should also be used for other services. There are some innovative projects going on, particularly in Cornwall, where this is beginning to happen, such as with the use of meals-on-wheels services in local school dining halls.

The universal credit £20 uplift must be made permanent. But perhaps now is the time we need to pilot a universal basic income, as happened in California, where local mayor Michael Tubbs, the then mayor of Stockton, introduced it in 2019 with astonishing results.

A child poverty strategy is definitely needed, and well beyond education. Youth services need to be restored. They have been cut for far too many years. Delays to access to children’s specialist health services, especially those such as speech and language therapy and child and adolescent mental health services, where there are often extremely long waiting lists, impact severely on all our children’s lives.

The right reverend Prelate the Bishop of Gloucester rightly set out the important role that faith communities have played in this pandemic. They are key to helping to strengthen the third sector as we come out of the pandemic. As someone who normally sits in a church pew, I have been delighted with the streaming of services online and the many steps that different faith organisations have taken to bring their services and activities into people’s homes, such as talking to elderly people who have seen virtually no one face to face for months with telephone trees to make sure that that contact is made regularly. At one church, the audio-visual team copies the services on to discs and hand delivers them to the elderly members of the congregation for whom YouTube is a step too far.

The noble Baroness, Lady Walmsley, talked about nudge theory behavioural scientists and had some excellent proposals that we should learn from for the future. Let us use those techniques to reduce obesity and diabetes, as well as infectious diseases.

The noble Lord, Lord Pendry, talked about the loneliness of many, especially the elderly, during the pandemic. We humans are social beings and we have a stark reminder that each of us needs to reach out to those we know—and to those we may not know—who may be lonely.

The noble Baroness, Lady Benjamin, spoke movingly about the problems of young girls and boys and of the inappropriate and harmful websites that have also been another problem in lockdown. I am afraid that is cyberbullying, and that also needs to be tackled when we see the online harms Bill. The noble Baroness, Lady Miller, reminded us of the important link between literacy and lifespan. Lack of literacy equals exclusion. The noble Baroness, Lady Massey, laid out very clearly why we should implement the UN charter on the rights of the child.

On the Sewell report, I am afraid I disagree with the noble Lords, Lord Dobbs and Lord Farmer. I understand where they are coming from but until every member of our society—particularly those who have protected characteristics—can say that they are not discriminated against, we as a society have to remove those barriers and keep working on it. I agree with the noble Lord, Lord Griffiths of Burry Port, that the data does not lie. The noble Baroness, Lady Whitaker, and the noble Lord, Lord Grocott, spoke movingly of what needs to happen, not just to shift that data but also the culture of those who are not equal, whether through gender, race, disability or social inequality.

The noble Baroness, Lady Grey-Thompson, set out the importance of sport and physical activity as part of the recovery as well as mentioning the volunteering roles that sports and gym staff took during the pandemic.

Homelessness has become a real problem over the last year. We must find better mechanisms to get the homeless into accommodation, especially single, young, disadvantaged people and vulnerable single, young people coming from care. We have a national problem now with rent levels and lack of security in the rented sector. The Government need to act to make changes here.

The noble Baroness, Lady Walmsley, spoke of building back greener. Sustainable housing is absolutely essential, and it is not just about insulation and energy but also building for a lifetime. All that is needed is an extra £2,000 spent on a new build now with slightly wider doorways and the underlying plumbing to make it easier to turn to a bathroom into a wet room for somebody who cannot get into a bath later in life. When will those appear in the Part 3 planning regulations?

The noble Baroness, Lady Campbell of Surbiton, told us how disabled people have fared during the pandemic and how things for which they have fought for years are now normal for everyone, such as working from home. Let us learn those lessons and not just let them be a temporary issue during the pandemic.

The noble Baroness also spoke about long Covid, which at last is being taken seriously by the medical profession. For many of us with underlying conditions who have to live with chronic fatigue and other autoimmune disease problems, what people with long Covid are facing is not news, but a large number of new people stranded by long Covid and facing the medical and employment problems resulting from this serious condition might be helpful as it will provide the reset that we need in the way that we approach chronic illness. My noble friend Lady Jolly spoke movingly for those with learning disabilities living in supported accommodation and about the trials of being separated even further by the pandemic. The noble Lord, Lord Touhig, set out the problems faced by autistic people trying to get into work. It is not just autistic people; most disabled people find it very difficult to get into work. The care Green Paper is long overdue, and the Government must find mechanisms for funding it properly and imaginatively, because it is vital that these citizens deserve the standards that we just take for granted.

There has been considerable lack of support for disabled people in the pandemic in access to basic and essential services, PPE for them and their carers, and do not get me started on the do not resuscitate orders. Those wanting a children’s Minister need to know that there is real worry in the disabled community that the Minister for Disabled People, Justin Tomlinson MP, is totally invisible, so I warn that a title alone is not enough and there must be funding and support for any such Ministers, whether for disabled people or children, to deliver their roles.

My noble friend Lady Walmsley made a very important point about social workers working remotely regarding children at risk. It is vital that we get services back to normal, even if it is a new normal, as soon as possible. The most vulnerable children in our society deserve that risk assessment and support.

The noble Baroness, Lady Eaton, talked about the importance of devolution with the local settlement and we agree with that, but I am looking forward to the Government delivering it. On business, my noble friend Lord Razzall supports more localism. The power and funding of local government has diminished over the past four decades, and that must be remedied. Tinkering with council areas, unitary bodies and elected mayors is not going to change services after cuts in front-line funding. As the noble Lord, Lord Bhatia, outlined, public health and social care reforms are urgently needed. One part of the 2012 health reforms that worked is the vital role of local directors of public health. Let us learn the lesson of how that has worked and take it forward.

I shall end on a point about international aid. My noble friend Lord Bruce outlined the problems of the cuts. It is important that we listen to UNICEF and other organisations. UNICEF delivers the largest number of vaccines in the world year on year. The work it does will support the WHO, which tells us that not one country is safe until we are all safe. That is true for Covid-19, but it is also true for our worldwide society.