Holocaust Memorial Bill

Baroness Finlay of Llandaff Excerpts

Committee stage
Thursday 20th March 2025 Grand Committee

[Lord Hodgson of Astley Abbotts (Con)]

My Lords, I shall speak briefly to Amendment 15, particularly the use of the words “surrounding area”. The Minister and my noble friend Lady Scott placed great emphasis on the reassurance given by the Lords Select Committee about security and other matters, which they have seen as reason for us not to be worried about the various points raised in debates during the past couple of days. There is a gap here. I have an office in Millbank, and I gave evidence to the Select Committee because I have seen what my noble friend Lord Blencathra described, which is very large queues and very great difficulty accessing the Palace at present. I said that I thought that that was an issue that needed to be considered by the Select Committee.

The Select Committee ruled that out of order because it could consider only matters that were within the curtilage of Victoria Tower Gardens. Anything that happened in the street outside was irrelevant. I respect the committee’s judgment; I am sure that it has followed the Standing Orders to the letter, but the reality is that, when we are talking about “and the surrounding area”, we are taking the security issues to something that has not so far been considered at all. All the undertakings given to the Select Committee concerned only the curtilage of Victoria Tower Gardens because that is all that it was allowed to consider by the House of Lords Standing Orders. That is why I particularly emphasise and support that part of the amendment tabled by the noble Lord, Lord Carlile.

[Baroness Finlay of Llandaff (CB)]

My Lords, I shall speak briefly in support of this group of amendments, particularly those from the noble Lords, Lord Howard of Rising and Lord Carlile of Berriew. I remind the Committee, if I may, that last time, when I spoke about the risk of fire to the building, it was somehow deemed as if I am against having a memorial. That is not the case. We want a memorial that is respectful and allows people to learn but that does not become a focus for mass terrorist attacks. The noble Baroness, Lady Laing of Elderslie, highlighted that these are very real risks in today’s world. The world has changed.

I also remind noble Lords that if we look at anything underground—coal mines, for example—it must now have two exits. This building will have a single point of entry and exit. The reason for two exits is so that people can get out if one exit is blocked. I therefore ask the Minister whether he can tell us about that. He is smiling and shaking his head, but I do not think that this is fanciful. This does not go against having a memorial; it is about whether we have done a real risk assessment and whether the design of the building and the memorial mitigate the risks that have been assessed. It would therefore be very helpful to know when a comprehensive risk assessment of the building and the memorial was undertaken as well as whether we can have sight of that. We are being offered sight of a building, but to have sight of the in-depth risk assessment would be helpful.

[Baroness Scott of Bybrook (Con)]

My Lords, I thank the noble Lord, Lord Carlile of Berriew, for introducing this group and giving the Committee the benefit of his extensive expertise as a former Independent Reviewer of Terrorism Legislation. I hope that the Minister will take his amendments very seriously and consider allowing a further report on security as part of the process as we work towards the delivery of the memorial. However, I do not think it is correct to put it in the Bill.

Amendments 28 and 35 in the names of my noble friends Lord Blencathra and Lord Howard of Rising are important amendments seeking to ensure that security and other risks are taken into account before the memorial is built. Security in Westminster is vital. We welcome millions of visitors every year, and endless high-profile people come to Westminster on a daily basis. We on these Benches support all efforts to ensure that the Government properly review and monitor the security measures in place in Westminster. Perhaps the Minister could look favourably on Amendment 28 in this group, which would ensure that security is properly considered through the planning process, as my noble friends Lord Blencathra and Lord Howard of Rising suggest.

The argument has been made that Westminster is a highly protected and very secure part of our capital city, and I have some sympathy with that view. Can the Minister give us more detail on the additional security measures, if any, that the Government intend to put in place to protect the Holocaust memorial and learning centre?

Finally, I support my noble friend Lord Blencathra in his Amendment 36. He is seeking to ensure that people can continue to visit Victoria Tower Gardens without restrictions. This is a reasonable amendment, and I hope that the Minister will be able to explain how he intends to ensure that people will continue to have free access to Victoria Tower Gardens.

Holocaust Memorial Bill

Baroness Finlay of Llandaff Excerpts

Committee stage
Tuesday 11th March 2025 Grand Committee

[Lord Carlile of Berriew (CB)]

My Lords, I will say a few words in support of the excellent presentation made by the noble Baroness, Lady Walmsley, of her Amendments 25 and 40.

I would never accuse the Minister of being predictable—I would not offend him in that way—but I think I hear a little echo in my ear of him making a speech in response to the noble Baroness, saying that all these things could be dealt with at the planning proceedings. If he is going to say that, I just remind the Committee about the reality of planning proceedings.

First, they are very large and expensive on an issue such as this. Every aspect of the planning is considered at those planning proceedings. I hope, in a few minutes, to move my Amendment 15, which relates to security, and a similar point arises here. If we can discover at an early stage, through the mechanism that the noble Baroness suggests in Amendment 25, that this site is too dangerous, for flooding reasons, for planning consent to be given, let us discover that now and not during planning proceedings on the 47th day of the 78-day hearing—if we are lucky that it is that short. All that the noble Baroness is suggesting is that there should be a report, but that report would define whether this site was fit for the purposes expressed in Clauses 1 and 2.

I suggest that some aspects of this issue are, for obvious reasons, of genuine interest to Parliament, not least its proximity to Parliament and the fact that, for example, flooding in Victoria Tower Gardens because of the construction of this underground edifice—if that is not a contradiction in terms—could affect our enjoyment, as people working here, and the enjoyment of those who work for us, of what goes on in this Parliament.

I just remind the Minister of what happened last Saturday. A quite small incident occurred in which somebody managed to get through security and climb up the Elizabeth Tower. I promise that I will say nothing that is sub judice—nothing to do with the perpetrator or the case. If that had happened on a Monday when we were here, Parliament would probably have had to be adjourned for two days for that issue to be dealt with, on grounds of safety and security. One of the ways that we can deal with such issues, before a lengthy planning appeal, is to allow the sort of measure proposed here.

[Baroness Finlay of Llandaff (CB)]

My Lords, I have an amendment that I put in this group because it should go with the amendment introduced so eloquently by the noble Baroness, Lady Walmsley.

On 4 March, the Minister was asked whether a new full planning permission application would go back to Westminster City Council. He replied that

“that is in the hands of the designated Minister”,—[Official Report, 4/3/25; col. GC 92.]

so I hold out no great hope for revised planning permission.

My amendment relates to safety. I was pleased to be able to be heard by the Select Committee. I draw attention to its report, which stated that the promoter has undertaken to

“make representations to the Secretary of State in relation to security considerations”

and

“consult with the Corporate Officer of the House of Commons and the Corporate Officer of the House of Lords, Community Security Trust, the Metropolitan Police, the National Protective Security Authority and Westminster City Council”.

There is no mention of the London Fire Brigade, yet here we have a proposal for an underground learning centre with a single entrance.

I had quite a lot of difficulty, so I am grateful to those who managed to let me see some floor plans of this proposed education centre. I was becoming increasingly concerned about the security and fire risks—and the gas risk, which links to fire—that could be incurred in an underground centre. I notice that there are several staircases, which all come up into a communal area, and so-called fire escape routes.

I then looked at disasters that have happened underground. We all remember the King’s Cross fire, in which there were 31 fatalities. One of the findings was that there was a flashover—the trench effect where a tongue of fire comes up into a central area so fast that nobody can escape. Here we are talking about people being trapped underground. In that fire, there were alternative routes that a lot of people escaped through—although one was blocked by a locked door, which aggravated the disaster. The other thing is that, if you use water fog equipment, people have to be trained in its use. Has there been consideration of whether the paint and surfaces used in this underground space will be fire resistant?

I also looked at what happened in the Moscow theatre siege. People were held in an enclosed space and fentanyl gas was used, which rendered them unconscious very quickly. One problem was that it suppressed respiration in many of the unconscious people and there was not adequate naloxone available to reverse the effect. I can envisage someone going in with a canister of something like fentanyl gas in a plastic container and releasing it. I hope noble Lords will excuse me if they do not like the language, but we know that people hide things in body cavities; it would not be difficult to hide 10 to 20 mil of some compressed gas in either the rectum or vagina and go underground.

My other concern, which relates to that, came from the sarin gas attack in the Tokyo underground, where it was evident that people had to get to the victims rapidly but there was no advanced airway support available, hence the mortality rate went up.

--- Later in debate ---

[Baroness Finlay of Llandaff (CB)]

My Lords, I had almost finished. I stress that I am not against there being a memorial. My worry is the design as put forward for this learning centre and where it is—in a limited space, with the potential for danger that would bring it into deep disrepute, very rapidly, in the event of an incident.

The last thing to say—I am hesitant to talk about it, but I will because security is terribly important—is that we know what happened when Novichok was used in Salisbury. I cannot see how any security screening system will adequately detect somebody with serious malintent trying to destroy the whole essence of this learning centre by creating a terrorist-type attack. There would be real problems evacuating people at great speed from a space underground.

With that, I leave my concerns on the table in relation to the design that we have seen and the placing of the centre.

--- Later in debate ---

[Lord Finkelstein (Con)]

So that it is not seen as though I have raised points that were not raised, it was specifically said that poisonous gas would be set off. I did not make that up.

[Baroness Finlay of Llandaff (CB)]

I would like to correct the record. I did not say that it will be set off. I am concerned that there has not been a fire assessment and an air flow assessment. I hope that, when the Minister comes to respond, he will be able to reassure us that there has been an adequate air flow assessment relating to the proposed architectural brief that we have seen. I made the point that I am not against a memorial. I think it is completely inappropriate to suggest that those of us who have raised concern over this design and the place of it are somehow opposed to having an appropriate memorial. Many of us have relatives who had deeply traumatic experiences. We have not paraded them here. We are dealing with what it is suggested is to be constructed and with how we move forward.

[Baroness Deech (CB)]

My Lords, I do not belong to that small group of people who think that any old memorial will do, as long as we get one. Let me remind your Lordships that we already have at least half a dozen Holocaust memorials in this country and at least 21 learning centres, including the much-praised one set up by the grandfather of the noble Lord, Lord Finkelstein. I cannot see anything going up in VTG that will better that.

I want to add a few comments on the three topics that are in this group: the kiosk, flooding and the memorials. I feel very strongly about the kiosk, and I am grateful to the Select Committee. Indeed, I am grateful to members of the Select Committee for turning up today and at other hearings, given that they sat through the objections for about six weeks, with great patience, and were very constrained in what they could say. Their presence here, I think, speaks for itself. We are grateful.

On the kiosk, the Select Committee said that its principal concern was

“the congregation of very large numbers of visitors at the proposed new kiosk immediately adjacent to the playground. This raises child safety issues. Unless there is some overriding necessity for the proposed new kiosk, we recommend”

that it should be removed “from the present plans”. This was in response to my submission to the committee that there should be no food and drink sales, let alone souvenirs and hamburger vans, in the gardens or nearby if the memorial is sited there.

It seems to me that to allow a kiosk shows a profound misunderstanding of what a memorial should be reminding us of. A café of a coke-and-crisps nature, which is what this would be, because it would be for park-goers, visitors and all sorts, is deeply disrespectful as a memorial to people who starved to death. Having a café there will simply cause more congestion, litter and crowding. Those are the reasons for the amendment.

This café would not be like one you might find in Yad Vashem or in Washington, because it would be open to the whole neighbourhood and everyone who turns up. A new café would bring all the detritus that such cafés inevitably bring to a public park, with thousands of people queuing and using it—both those coming out to do so and passers-by. It is not a good idea. Indeed, if it were removed, there would be more room for the playground, which is being reduced in size.

In response, the promoter said no more than that they will look at the design and location carefully. Driven as it is by commercial attitudes and wanting to maximise the day-trip atmosphere, I have grave doubts about this. It may also be thinking of the many builders who will be in the gardens for decades doing restoration and renewal, who will want their mugs of builder’s tea, just adding to the inappropriate atmosphere. The presence of not only the kiosk but crowds in the gardens will no doubt bring vans selling burgers and ice cream, and souvenir sellers. I have no confidence that by-laws will prevent this. It is imperative that if a memorial atmosphere is to be created, such smelly and noisy intrusions should be prevented—making more room for the playground, as I said.

On flooding, I defer, of course, to the masterly presentation by the noble Baroness, Lady Walmsley. The trouble with all the pictures we have seen of the proposed memorial is that it is always in the sunshine, and it is always sketches. Rain and inclement weather seem never to be considered in the plans. For example, the promoters have mentioned gatherings of hundreds of people on the sloping entrance to the learning centre, but in reality, would they stand there for hours in the rain, especially if they are elderly?

We do not know what escape routes there would be if water entered the basement. As has been explained, there is no above-ground refuge space. Even a mild incursion of water into the gardens over the little wall would seep in and certainly make a visit unpleasantly soggy. There is a picture on Twitter of the river water going over the little wall last summer. If the local drainage system is overwhelmed by heavy rain, the water will find its way into basements. Indeed, a basement dwelling in this area would not be permitted at all. The only solution is a redesign, with the entrance far above any possible flood level—or, of course, to move to a better site. Central sites of as much importance as this are available.

Visitors’ lives are being put at risk to make a political point about the Westminster location, which is the source of all the trouble. Will the Minister explain why the detailed objections to the location because of flooding, expressed in letters from the Environment Agency to Westminster City Council in 2019, are not being dealt with? We need a full report on the risks and how they can be dealt with, given by structural engineers in conjunction with the Environment Agency.

Finally, I will say a word or two about the Buxton memorial. The Buxton family is very much with us. Indeed, it has been a very good coincidence that Mr Richard Buxton, a direct descendant of Thomas Buxton, happens to be a planning solicitor and has worked with our group of objectors all along. We know that the planning inspector accepted that the development would cause harm to the Buxton memorial.

It is worse than that, because the problem with the inspector’s inquiry was that he did not have in mind, and was ignorant of, the 1900 Act prohibiting building in Victoria Tower Gardens. Had he been able to take that on board and balance the benefits of the 1900 prohibition against the damage to the memorial, I think his words would have been even more strident. With the proposed developments in place, the prominence of the Buxton memorial will be largely removed, because the view will change from open parkland to one focused on the nature of the memorial.

The very few who were consulted beforehand were told that any design for the gardens had to harmonise with the Buxton memorial. They were told in Manchester that planning permission was a mere formality anyway. Not only that: the Windrush demand for a monument to slavery in Victoria Tower Gardens was turned down for lack of space. It seems wrong to diminish the visibility of the Buxton memorial, which provides a focus and an educational asset that could perhaps be developed to cater for the views of other groups that are rightly concerned with this long and shameful practice. I would deplore anything that devalued its importance.

Obviously, then, I support the amendments in this group. The Holocaust memorial should be no bigger than the Buxton memorial. There should be room to walk around it to enable it to be seen properly. I can safely surmise that future generations will think of us, quite rightly, as Philistines and wreckers if we allow the destruction, in visual terms, of these memorials.

--- Later in debate ---

[Baroness Finlay of Llandaff (CB)]

I am sorry, but I really think we should focus on the Bill in front of us. It is just not helpful to have this to-and-fro between people and to make accusations about things that were not said. I will be interested to go back and see the printed record when it comes out. In the event that I have caused offence to an individual, I will duly apologise, because there was no intention whatever to cause any offence to anyone alive or deceased.

[Lord Austin of Dudley (Non-Afl)]

I was simply responding to something that the noble Baroness said, but I accept what she has just said.

On the point about the kiosk, at the moment there is a kiosk where children and others can buy refreshments when visiting the park. If that kiosk were removed as part of this proposal, the Government would have been attacked for that. They are also being attacked because the kiosk will still be there when the memorial is built. To be fair to them on this, they could not have satisfied people either way.

I do not think it is at all offensive to visit the memorial and learning centre and then want to sit down, have a cup of tea and discuss what you have seen and learned with the people who you visited it with. When I went to Yad Vashem with my dad, he was not the least bit offended that there was a restaurant there, where we had lunch. In fact, every time I have visited Yad Vashem, we have had lunch before or after. There is nothing offensive about refreshments being available at or near the memorial.

Older People’s Housing Taskforce

Baroness Finlay of Llandaff Excerpts

Monday 16th December 2024 Lords Chamber

[Lord Khan of Burnley (Lab)]

My Lords, the noble Lord makes an interesting point about intergenerational living. Unfortunately, I cannot comment on that particular case, but I am happy to take it away with me and have a private conversation with him.

[Baroness Finlay of Llandaff (CB)]

My Lords, what levers do the Government plan to have to ensure that the recommendations in the report, such as accessible bathrooms and toilets, with doors to bathrooms that open outwards, are actually built into all new plans because of a high incidence of falls in the home? These affect not only morbidity but mortality rates. Similarly, how will they ensure that stairs are properly designed, as we previously debated, to decrease the number of falls of old people on stairs?

[Lord Khan of Burnley (Lab)]

The noble Baroness makes a very important point. I understand that accessibility in new homes—and accessibility standards for buildings in general—is an important concern. Housing is one of this Government’s top priorities. Everyone deserves to live in a decent home where they feel safe. We will set out our policies on accessible new-build housing shortly, and we will make sure that accessibility is a part of the discussion when we bring forward our new housing strategy.

Social Housing: Mould

Baroness Finlay of Llandaff Excerpts

Wednesday 10th January 2024 Lords Chamber

[Baroness Scott of Bybrook (Con)]

I thank the right reverend Prelate for that question. I do not know the answer to it, but I will certainly find out. I know that this is an important issue. Housing associations providing temporary accommodation have to provide the correct furniture and fittings for such families, and I will check that cots are included. I also know that such charities—which I have been involved with many times, and which do a wonderful job—are providing not just cots but all the other things that babies and young people need, particularly if they are being moved around a lot. I will get a Written Answer to the right reverend Prelate regarding cots.

[Baroness Finlay of Llandaff (CB)]

My Lords, the NHS spends £1.4 billion a year on treating illnesses associated with mould. The evidence is that the number of damp problems in the private rented sector is almost double the number in the social sector. People renting often have great difficulty in knowing where to seek help and are frightened of going to the landlord in case of recrimination against them for having raised an issue. Have the Government considered asking every local authority to establish a registration point where people who feel that their housing is seriously below standard can report the issue and discuss it, so that they can get support when going to the ombudsman or wherever else they might need to go? There is a real gap in their ability to advocate for themselves.

[Baroness Scott of Bybrook (Con)]

No, we have not considered that, and I am not sure that local authorities have the capacity to that at this time. But it is important that we make sure that tenants know their rights and where to go. The ombudsman is creating many more positions, so it should be able to deal with these things quicker. I was pleased to learn that the Department of Health and Social Care has developed new, consolidated guidance, tailored to the housing sector, on the health aspects of damp and mould. There was some disagreement about what was important or how much damp and mould could be allowed in these homes in order for them to be safe; I am glad that that guidance has been consolidated. I hope that we are moving forward, and I absolutely know that when Awaab’s law comes into effect, things will change considerably and at much greater speed.

Building Repairs: VAT

Baroness Finlay of Llandaff Excerpts

Thursday 14th December 2023 Lords Chamber

[Lord Swire (Con)]

My Lords—

[Baroness Finlay of Llandaff (CB)]

My Lords, have the Government undertaken a cost assessment of the number of schools that have asbestos in them and that are also affected by RAAC? They need replacing, because the children in these schools are currently at risk of exposure to asbestos fibres, and the same applies to many hospital buildings. Has there been a comparison of the costs of renovation versus replacement for these public buildings?

[Baroness Penn (Con)]

Both the Department of Health and the Department for Education are taking forward very careful programmes to address the issue of RAAC. As part of that, I am sure they will consider the most cost-effective way of addressing those issues. My noble friend Lady Barran is working very closely on the schools issue, to ensure that all schools affected by RAAC have it removed or remediated as soon as possible.

Levelling-up and Regeneration Bill

Baroness Finlay of Llandaff Excerpts

Report stage
Tuesday 18th July 2023 Lords Chamber

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, I rise to speak in favour of Amendments 111, 115, 120 and 121, in my name, which relate directly to devolved competence. I thank the Minister and his ministerial colleague, the noble Baroness, Lady Scott, for their very helpful meeting last week. Obviously, as I indicated to them, I still have residual concerns, particularly in relation to Northern Ireland, about which I will ask a couple of questions at the conclusion.

As the Minister said, Clause 148 requires the UK Government to consult with Ministers of devolved Administrations should EOR regulations fall within their competence. This is a weak requirement which could lead to EOR regulations being imposed on devolved nations without the consent of their Administrations. This provides a further risk of environmental regression, should EOR regulations impose weaker requirements than those put in place by the devolved Governments.

The wording of Clause 148 is particularly problematic for Northern Ireland as it requires the Secretary of State only to consult with a Northern Ireland department, potentially bypassing elected representatives in Northern Ireland. As a former Minister in the Northern Ireland Executive, I fully recognise and acknowledge that this requirement to vest powers in a department rather than a Minister goes back to 1921, when the original Northern Ireland Parliament was established. I will be asking that both the Minister and his ministerial colleagues have immediate and ongoing discussions with the Secretary of State for Northern Ireland and his Ministers to see if they can find an all-encompassing way of addressing that and ensuring that power is restored to Ministers, even though we do not have a devolved Administration at the moment. That is not the fault of this provision, but I do recall that this was problematic when we were Ministers in the Executive, because it is unlike what happens in other Administrations.

As the Minister has said, in Committee on 18 May the Minister stated that the UK Government were having discussions with the devolved Governments. I think the Minister has already underlined today how these powers should operate. These discussions and the continued concern expressed by parliamentarians should lead to a swift amendment of the Bill to uphold devolved competencies and prevent environmental regressions. Amendments 111, 115 and 120 in my name would achieve this by requiring Ministers to secure the consent of a devolved Administration before setting those EOR regulations within the competence of that Administration, rather than merely consult it. Amendment 121 would also require consent for EOR regulations to be given by Ministers of the Northern Ireland Executive, rather than by a Northern Ireland department, providing a closer link between elected representatives in Northern Ireland and the regulations.

I recognise that the Government have tabled a series of amendments to respond to the concerns raised in Committee and by the amendments I have tabled, but the government amendments do not go far enough. No concession, for example, has been made on Scotland. I realise from the supplementary document we received today from officials that Wales seems to be relatively content, but there are still problems in relation to Northern Ireland. I repeat: what happens in the case of Northern Ireland, where we do not have a devolved Government and Assembly in place? Who do those consultations take place with, and who is the decision-maker in that instance? On the wider power vested in a Northern Ireland department, rather than a Minister, will the Minister undertake to look at this with the Secretary of State for Northern Ireland and to address the anomaly presented by the legislation back in 1921 to ensure that is corrected, and to vest power in Ministers?

In conclusion, I honestly believe that the Government should resolve the inconsistencies created by this suite of government amendments and fully adopt the approach proposed in my amendments. It constitutes a similar approach to all the devolved settlements and the democratic choices made by the people of Scotland, Wales and Northern Ireland.

[Baroness Finlay of Llandaff (CB)]

My Lords, I will speak briefly from the perspective of Wales. First, I thank Ministers for the meeting they held earlier with me and my noble and learned friend Lord Thomas of Cwmgiedd; it was extremely helpful to go through the issues. If I have understood the position correctly, in introducing the amendments the Minister, I am glad to say, stressed that the Government would be “seeking consent” from the Welsh Government. That goes beyond the previous concept of “having regard to” and would mean that should consent not be given and the Government then act, that would be ultra vires, because they must seek consent from the Welsh Government.

However, I think this applies in only a limited area. I do not want to detract from the good work that has been done in consulting with the Welsh Government and the discussions that have been had, because I see that as a way forward and a great improvement on what might have happened in the past. Working together for the common good is really important.

Levelling-up and Regeneration Bill

Baroness Finlay of Llandaff Excerpts

Report stage
Tuesday 11th July 2023 Lords Chamber

[Baroness Lister of Burtersett (Lab)]

My Lords, I rise to move Amendment 4, which is supported by the right reverend Prelate the Bishop of Durham and the noble Baronesses, Lady Stroud and Lady D’Souza, to whom I am very grateful, even though they could not all be in their places. I also give my support to Amendment 7 in particular. I am also grateful to Action For Children, and Paul Wright of Children’s Alliance, for their support.

The amendment would add a child poverty mission to the existing list of levelling-up missions, but it does so in a very different way to that put forward in Committee. I will explain that in a moment but first, I will give a very brief recap of the case. The latest official figures show that over 4 million—nearly a third—of all children are living in poverty. There is an even higher proportion among some minority ethnic communities and a growing problem of deep poverty, as demonstrated by the Social Metrics Commission, chaired by the noble Baroness, Lady Stroud.

While poverty rates vary regionally, Tower Hamlets stands out as the local authority with the highest rate—nearly 50%, according to my colleagues in the Centre for Research in Social Policy at Loughborough University. They used government data, which also show that children are more likely than the overall population to be in low-income households, so it is perhaps not surprising that the Trussell Trust has found that nearly half of all households experiencing hunger include children —a significantly disproportionate number. This is among the latest in a flood of reports I have received, since we debated the issue in Committee, documenting the hardship experienced by children in low-income families.

As I pointed out in Committee, both the Levelling-Up Secretary and the former Prime Minister who introduced the levelling-up strategy have acknowledged that it has to address poverty, in particular child poverty. That child poverty was not mentioned in the White Paper was, according to Mr Johnson, an accident, but the accident has not been rectified. Indeed, the opportunity to do so in Committee was rejected, despite strong support for a child poverty mission throughout the House. Moreover, it was disappointing that the suggestion of the noble Lord, Lord Young of Cookham, that poverty might be written into the existing missions was simply ignored. Mission 2, on opportunities, would, I suggest, be the obvious place to do so.

The Minister’s rejection of the previous amendment in Committee appeared to be based on three propositions. The first was that such a strategy was unnecessary in light of the usual list of what the Government are already doing, together with an example of local authority action to support child poverty reduction at local level. Listing various initiatives does not constitute a strategy. While the anti-poverty strategies pursued by some local authorities are indeed inspiring, it was clear from a recent event organised by Greater Manchester Poverty Action that, despite the good work they are doing, what local authorities are able to achieve is hampered by the lack of a national anti-poverty strategy.

Secondly, on the much-repeated mantra that paid work is the best route out of poverty, it is certainly an important route, but for all too many it represents a cul-de-sac if it simply means in-work poverty. It is not an argument against a wider interdepartmental strategy.

Thirdly, there is the Government’s aversion to income-based targets. I do not accept the Minister’s argument, nor do most academics or charities working in the area, but I shall spare noble Lords a debate on this. Instead, in a spirit of compromise, I have redrafted the amendment to address her concerns so that it now refers to

“poverty in all its dimensions”.

This phrase is taken from the UN sustainable development goal 1.2, which commits all signatories to work to

“reduce at least by half the proportion of men, women and children of all ages living in poverty in all its dimensions”

by 2030.

Noble Lords who are not familiar with the sustainable development goals might think that this is an odd commitment to include in domestic policy but, as was made clear in a 2019 Written Statement from the Department for International Development, these goals apply to all people in all countries, including here in the UK. The amendment is in fact much less prescriptive than the goal itself but, given that the UK Government are committed to meeting the sustainable development goals and the then Secretary of State acknowledged that

“there is more work to do if we are to meet the ambitious targets by 2030”,

I hope the Government accept that this amendment would help them to do so. They might not like targets, but I am afraid that they are committed to the SDG target.

In Committee, the Minister accepted that child poverty is an issue that needs to be acted on. I am grateful to her for meeting me and the right reverend Prelate last week to propose a welcome, albeit small, concession by way of introducing child poverty statistics into the levelling-up metrics, which I shall leave her to spell out. But again, that alone does not constitute a stratagem. The Westminster Government remain the only Government in the UK without any kind of child poverty strategy, despite the 2021 recommendation for such a strategy from the Select Committee on Work and Pensions.

In conclusion, I would like to quote from a short film shown recently in Westminster by the Food Foundation, focused on Melissa, a mother from Solihull who is struggling to make ends meet. Speaking of families in poverty generally, and of politicians, she said:

“They”—


the politicians

“know we’re here, but they don’t see us”.

The inclusion of a child poverty mission in the levelling-up strategy would be a tangible way for the Government to say, “We do see you and we are serious when we say we are committed to eradicating child poverty”. I beg to move.

[Baroness Finlay of Llandaff (CB)]

I declare an interest in that I am vice-president of Marie Curie and co-chair of the Bevan Commission on health in Wales. I shall speak principally to Amendment 7 in this group, which is based on the previous amendment in Committee from the right reverend Prelate the Bishop of London, who is also a signatory to this amendment.

The levelling up White Paper, the precursor to the Bill, published in February 2022, identified that:

“One of the gravest inequalities faced by our most disadvantaged communities is poor health”.


Yet health disparities are not explicitly specified in the Bill and the health disparities White Paper has been scrapped, hence this amendment. In Committee the Minister stated that the Government are committed to working with the devolved Governments to reduce geographical disparities across the whole UK and to share evidence and lessons from across the country, learning what works and what does not. Today we have already heard the Minister re-emphasise this in summing up on previous amendments.

Levelling-up missions must address inequalities right across the life course, from cradle to grave. Tackling health inequalities is essential to improving the nation’s economic health as well as people’s well-being. Inequalities in life expectancy are the result of poor health literacy and those broad social determinants of chronic illness and poor health. The Bill purports to reduce geographic disparities using a range of mechanisms. There are marked regional differences in health outcomes across the nation; within and between regions, disparities are increasing.

The largest decreases in healthy life expectancy were seen in the most deprived 10% of neighbourhoods in the north-east. Between 2017 and 2019, healthy life expectancy at birth for women in the north-east of England was 59 years, 6.9 years less than for women in the south-east; for men, life expectancy was 5.9 years shorter. Alarmingly, ONS data showed that healthy life expectancy was around 19 years shorter in the most deprived compared with the least deprived areas of the nation. In these deprived areas, people had a more than threefold risk of dying from an avoidable cause. Before the pandemic, health inequalities were estimated to cost the UK £31 billion to £33 billion each year in lost productivity, £20 billion to £32 billion in lost tax revenue and higher benefit payments, and almost a fifth—£4.8 billion—of the total NHS budget.

The pandemic sharply exposed the real impact of health inequalities through excess mortality in some population groups, and exposed a number of related socioeconomic factors and regional conditions that exist across the life course. Poor housing, inadequate diet, including maternal malnutrition, and adverse childhood experiences have long-term consequences, including crises in adult life, greater need for NHS and social care support and poorer employment prospects. Living on a low income is a source of stress, and emerging neurological evidence suggests that this affects the way people make health-affecting choices, ranging from food to activity.

Poor-quality and overcrowded housing is associated with increased risk of cardiovascular and respiratory diseases, depression and anxiety. Access to good-quality green space improves physical and mental health and lessens obesity. Deprived inner-city areas have far less good-quality green space and higher atmospheric pollution. Unemployment is associated with lower healthy life expectancy and poorer physical and mental health, for unemployed individuals and their households. In 2019-20, employment rates in the least deprived decile were 81.5%, compared with 68.4% in the most deprived decile. Such unemployment damages the nation’s economy.

These health inequalities, starting in childhood, persist right through to the end of life, when social disadvantage is often exacerbated by regional disparities, leaving palliative care needs unmet, particularly for those 90,000 people who die in poverty and deprivation, and those in rural areas where a quarter of the population are aged over 65, unlike younger urban populations. In the UK, those living in poverty, particularly in the most deprived areas, are more likely to die in hospital than in the community and have more emergency hospital admissions in the final months of life. When they leave bereaved children, these young people have worse long-term outcomes in mental health, employability and so on.

The Bill could break the cycle for many if it truly focuses on the population rather than being diverted by commercial short-termism. This is not about taking away from some to give to others: levelling up must address overall well-being and health inequalities across the life course for us to be an economically stronger nation. Without this as a common thread and a foundation for all missions, attempts to level up will fail. I hope that I will get overwhelming reassurance from the Minister today, because otherwise I will be really tempted to test the opinion of the House on this important issue.

[Baroness D’Souza (CB)]

My Lords, I thank the noble Baroness, Lady Lister, for tabling this amendment, to which my name is attached. The stated intention of the Bill, reiterated many times by the Government in both Houses, is the moral duty to reduce economic, social and environmental disparities between and within different parts of the UK. I will make two points.

--- Later in debate ---

Moved by

[Baroness Finlay of Llandaff]

7: Clause 1, page 2, line 3, at end insert—
“(2A) When preparing a statement of levelling-up missions under subsection (1), a Minister of the Crown must include a mission to address health disparities, aimed at reducing gaps in healthy life expectancy between communities, and addressing disparities in health outcomes throughout people’s life course.”

[Baroness Finlay of Llandaff (CB)]

My Lords, I am grateful to the Minister for her response, but I have to say that, without health, a nation cannot thrive. There has to be a thematic ambition across all departments if any levelling up is to get anywhere. I wish to test the opinion of the House.

International Women’s Day

Baroness Finlay of Llandaff Excerpts

Friday 10th March 2023 Lords Chamber

[Baroness Finlay of Llandaff (CB)]

My Lords, it is a tremendous honour to speak in this debate today, and I am most grateful to the Minister for the way she introduced it. I had the privilege of working with the late Lady Boothroyd on the memorial to the women of World War II on Whitehall, on which there are the coats and hats of the women whose names were not known, although they all served this country—many of them lost their lives. If they were still alive, they were deeply traumatised by what they saw and what happened, but they hung up their coats at the end of the war and just got on with things.

I am also grateful for the words about the noble Baroness, Lady Gale, who welcomed me and so many others into this House with enormous kindness and generosity of spirit, which was really overwhelming. We look forward to the speech of the noble Baroness, Lady Lampard.

I will talk about a woman who inspired enormous change in medicine: Cicely Saunders. She was born in Barnet in 1918, shy, intelligent, six feet tall and somewhat gawky, but she went to Oxford to study PPE. The war intervened and she became, among other things, a hospital almoner at St Thomas’ and a nurse. But she realised that, to change things really, she had to change the attitudes in medicine—so she studied medicine. It was a time when dying was seen as a failure and patients were ignored on wards if they were dying, because they had not responded to the amazing cure that some of these doctors purported to have tried on them. The wards were cold and heartless, and people walked past the end of the bed. She wanted to create a home-like environment to give hope and comfort to the dying, with the best medical care and symptom control.

In 1967, she managed to open St Christopher’s Hospice in Sydenham. At that time, only 11% of entrants to medical school were women. Now, of course, it is more than 50% in this country, but, in many parts of the world, almost no women are able to study medicine at all. The foundation behind what she did was that education and research must be behind everything we do, and that move for education and research was very important in changing the way that dying people are looked after, with tenacity, intellect and compassion. Her unwavering belief was in her phrase:

“You matter because you are you, and you matter to the last moment of your life.”


How we die in this country has in large part been revolutionised, as it has in many parts of the world—but, sadly, not everywhere yet. Her vision shaped the way things are, and that has moved on to the Cicely Saunders Institute, an international institute of education and research based in King’s College. I had the privilege of being involved in setting it up and in its international advisory group. Its input during Covid and its management of breathlessness won an award in the last year for the contribution it made.

Different hospices around the UK and the globe have opened, and that has been inspired, but I am afraid that, in other parts of the world, women have a really poor deal in the way they are treated. In war-torn areas, grandmothers are bringing up orphaned children who are dependent on them for some love and security. The future of peace around the world lies in these women’s hands.

As the noble Baroness, Lady Barker, said, HIV and AIDS are a big problem, and women are disproportionately affected because of gender inequality, discrimination, violence and sexual exploitation and abuse. In sub-Saharan Africa, six out of seven new infections are in young women and girls, and they have limited access to education. Cervical cancer is also a major killer—yet, with the HPV vaccine, we could almost eradicate it, but it is not being rolled out as it should be.

If you ask girls in many parts of the world what they want to be, they will say they want to be doctors. They want to improve the lives of the people around them in their communities and populations, and they want to make the world we live in a better place for all. We have had another role model, Averil Mansfield, who was a professor of vascular surgery, recently featured on “Desert Island Discs” and produced a book about how she broke moulds in medicine.

I will move back to Cicely and what she did, because it is estimated that 75% of the world would benefit from palliative care. Some 77% of the consultant workforce in the UK are now women. We were inspired in Cardiff and set up a distance learning course, and people from that have changed the world: we have educated over 3,000 leaders around the world, in every continent apart from Antarctica. Liz Gwyther led developments in South Africa, and Mary Bunn worked in Sierra Leone with the Cardiff link on cancer and end-of-life care. Cynthia Goh, who sadly died, led Singapore and the whole of that region, highlighting the importance of morphine availability. I also note Sushma Bhatnagar in India, Yvonne Mak in Hong Kong, and Bee Wee, also initially from Hong Kong, who became the national clinical director here in England and was the first to get a distinction on our course. They all changed what has been done through education and research, and we need to support every woman everywhere to achieve her potential.

Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022

Baroness Finlay of Llandaff Excerpts

Monday 13th June 2022 Grand Committee

[The Minister of State, Home Office and Department for Levelling Up, Housing & Communities (Lord Greenhalgh) (Con)]

My Lords, this statutory instrument was laid before the House on Wednesday 11 May 2022 under Section 150(9) of the Energy Act 2013 and Section 250(6)(f) of the Housing Act 2004, for approval by resolution of each House of Parliament.

In the social housing White Paper, we committed to ensuring that all homes are safe to live in. We are determined to ensure that the reforms set out in the White Paper will drive up standards, making sure people up and down the country have a safe and decent home to live in. The Government are committed to ensuring residents are protected from the risks of fire and carbon monoxide in their homes. After Grenfell, the social housing Green Paper asked whether there should be parity between the private and social rented sectors on safety standards, and an overwhelming majority were in favour.

At the moment, social tenants have less protection than private tenants. That is why, subject to parliamentary approval, we are amending the regulations to bring requirements for social homes in line with private rented homes. Currently, the Smoke and Carbon Monoxide Alarm (England) Regulations 2015 make it mandatory for private landlords to install smoke alarms on every storey of every home they let, and carbon monoxide alarms in every room with a solid-fuel burning appliance, such as a log-burning stove or coal fire. There are no such requirements for social landlords.

The Home Office estimates you are around eight times more likely to die in a fire if you do not have a working smoke alarm in your home, and there are on average 20 recorded deaths from accidental carbon monoxide poisoning each year in England and Wales. Smoke alarms and carbon monoxide alarms save lives and provide reassurance for residents that their homes are safe.

These changes will mean that, for the first time, all social rented homes in England will be required by law to have smoke alarms installed. They will also mean that millions more households are protected from the risks of carbon monoxide, which is undetectable and can cause serious illness or death. The Government’s ongoing reforms regarding social housing quality aim to make sure everyone’s home is a place of safety, and these changes will give thousands of families and households reassurance that they are receiving the best possible protection.

In November 2020, alongside the White Paper, we launched our consultation on requiring smoke alarms in social housing and introducing new expectations for all landlords for carbon monoxide alarms. The proposals in the consultation to make the legislative changes I am bringing to noble Lords today were supported by a clear majority of respondents to the consultation.

Through this statutory instrument, we will amend the Smoke and Carbon Monoxide Alarm (England) Regulations 2015 to replicate the private rented sector provisions to require social landlords to ensure at least one smoke alarm is installed on each storey of their homes where there is a room used as living accommodation. We will amend the regulations to make it mandatory for all landlords, regardless of tenure, to install a carbon monoxide alarm in any room of their properties used as living accommodation where a fixed combustion appliance of any fuel type is present. This does not include gas cookers, which are responsible for fewer incidents of carbon monoxide poisoning than gas boilers.

We will also require all landlords to repair or replace, as soon as they reasonably and practically can, any alarm which is found to be faulty during the period of a tenancy. We will update government guidance documents to make clear requirements on the placement of smoke and carbon monoxide alarms, and the types of alarms landlords will need to install to meet relevant standards.

The instrument will also make changes to the enforcement process by restructuring the process for making and considering representations from landlords when a local housing authority serves a remedial notice. A lengthy delay between regulations being made and taking effect could put lives at risk, and that is why we have decided that 1 October 2022 is an appropriate date for regulations to come into force: landlords have had, and continue to have, time to prepare, and bringing regulations into force in October means tenants can benefit from the security of the changes as soon as possible.

To conclude, these regulations will save lives and make sure everyone’s home can be a place of safety, and these changes will give thousands of households reassurance that they are receiving the best possible protection from the risks of fire and carbon monoxide in their home. We are determined to ensure that the reforms set out in the social housing White Paper, like these changes, will drive up standards, making sure people up and down the country have a safe and decent home to live in. I hope noble Lords will join me in supporting the draft regulations and I commend them to the Committee.

[Baroness Finlay of Llandaff (CB)]

My Lords, I thank the Government for bringing these regulations forward—they are absolutely crucial. As the Minister said, most—57%—of the exposure to carbon monoxide occurs in the home. We know that one in eight homes in London has levels of carbon monoxide that exceed the WHO limits, and we know that one in five has at least one faulty gas appliance. With financial stringencies, this will probably get worse because people will not have their appliances serviced. Some 54% of homes in England do not have a carbon monoxide alarm. With that background, and welcoming these regulations, I have a few questions for the Minister—I hope that he will be able to answer them satisfactorily.

First, why are gas cookers excluded? The issue here is the coroner’s report that followed 18 deaths that were linked to the Beko cooker scandal, where carbon monoxide was pouring into homes due to a fault with the cookers. The 2017 report Understanding Carbon Monoxide Risk in Households Vulnerable to Fuel Poverty found that, while 59% of homes had a gas cooker, only 25% had that cooker serviced annually. In homes in poverty in particular, the gas from the cooker is often incompletely burned. Some ethnic minority groups in our population cook by putting tin foil over the surface of the burners, which promotes incomplete burning.

One of the problems is that children’s heads are at the level of the cooker itself, so children standing near a mother who is cooking are probably inhaling higher levels of carbon monoxide than the mother. It may not be enough for them to fall on the floor unconscious, but they may be exposed to chronic low levels of carbon monoxide poisoning. As the Minister rightly said, sub-lethal doses cause pathologies including brain damage, sensory impairment, heart disease, Parkinsonism and low birth-weight babies, which becomes particularly important when the woman is pregnant. They also cause cognitive developmental delays in infants born to mothers exposed during pregnancy, as well as respiratory difficulties. That was my question on gas cookers.

Secondly, why are homeowners generally not protected by the regulations until a new appliance is installed? How will people become alert to the fact that an alarm is faulty? Whose responsibility will it be to chase this up, and what is the prosecution process for a landlord who is negligent in this?

Thirdly, why is the alarm type not mandated? This seems to be a lost opportunity, because rogue landlords will inevitably go for the cheapest alarm available. In Scotland, the type of alarm was determined and it was one that had sealed batteries in it. From experience over the years, we know that, in households where batteries can be removed from alarms, people remove them to use them in their television remote, or wherever. The alarm then fails because the batteries have been taken out and people are not aware of the problem.

Lastly, will the alarms be mandatory for bedrooms? There have been several cases where children have died because carbon monoxide has leaked through the brickwork into the bedroom where they were sleeping—their parents then found them dead from carbon monoxide poisoning. The problem is that, when you are asleep, carbon monoxide just makes you more sleepy, so you certainly would not be woken up by it. Of all the rooms in a house, it is bedrooms where people spend the most time all in one go; they do not go out and move around to get the air circulating. In modern housing, particularly in the winter, people sleep with the bedroom windows closed, so there is even less air circulation. So I hope that the Minister will be able to assure me that bedrooms count as living accommodation and, therefore, that alarms must be also in the bedrooms.

Having said that, I hope the Government will have a good public education campaign to roll out the importance of acting when the alarm goes off, of understanding what the alarm does and what people should do if a tenant feels that their landlord is in breach of the regulations. Understanding the health implications of carbon monoxide poisoning is also important, because, unfortunately, across the healthcare sector generally, until fairly recently—and I think even now—some people are somewhat ignorant of the effects of carbon monoxide poisoning and how the non-specific symptoms can present, suggesting sub-lethal exposure in an ongoing way.

So, with those questions and caveats, I welcome these regulations and would not intend to take any action to stop this proceeding–but I do hope that I will have satisfactory answers that will be on the record to all my questions.

[Baroness Pinnock (LD)]

My Lords, I will start by reminding everyone that I have a registered interest as a member of Kirklees council, which manages social housing that will be affected by these regulations. Much of what the noble Baroness, Lady Finlay, has said is also in my notes—but there are one or two differences.

Broadly, this is an important step forward in making rental homes in both the private and social housing sector safer for tenants. It is a great surprise to me that social housing was omitted from the 2015 regulations, so I am pleased that these regulations are going to put that right. The Office for National Statistics, when I had a look this morning, records that over 100 lives are lost each year from carbon monoxide poisoning. It did not differentiate between domestic and non-domestic deaths; nevertheless, 100 lives are lost from a silent killer, as the noble Baroness, Lady Finlay, has explained. So, requiring the installation and, importantly, the maintenance of alarms will undoubtedly help to save lives.

It is also good to see that the regulations include a requirement for landlords in both rental sectors—private and social housing—to ensure maintenance and respond in a reasonably practicable time. I hate that phrase, because it means something and nothing. I wonder whether the Minister would be able to give us a broad definition of what “reasonably practicable” would look like. No doubt landlords who have a positive relationship with their tenant will respond promptly, but not all landlords are in that category.

Those are all positives, but I have some questions. The first one is about the type of smoke alarm. I am surprised that there is not more being said about the type of alarm that is going to fulfil the regulations. Nine-volt battery alarms, which are the cheapest and therefore most likely to be the ones that some landlords will use to fulfil their obligations, need a battery change every six months—I think it is the National Fire Protection Association that recommends that. There are lots of reasons why that will not happen.

Some homes will think that they are secure but are not. I find it surprising that that has not been more fully explored. The sealed lithium battery models last 10 years; that is a good length of time. I wonder whether there is anything the Minister can do to give us some comfort that the Government will be recommending or pushing for those to be used.

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[Lord Greenhalgh (Con)]

My Lords, I thank noble Lords for their contributions to this important debate on the draft regulations. I join the noble Baroness, Lady Hayman, in saying that every single measure that can ensure that a tragedy such as Grenfell—the largest structural fire since Piper Alpha and the largest loss of life in a residential fire since the Second World War—never happens again must be welcomed. I thank noble Lords for their support.

I will turn to some of the points raised by noble Baronesses in this debate. The noble Baroness, Lady Finlay, wanted to know whether alarms are mandatory for bedrooms. Yes, there must be a smoke alarm on each storey. Also, I am happy to clarify that the definition of “living accommodation” includes bedrooms.

[Baroness Finlay of Llandaff (CB)]

Sorry—perhaps I may intervene briefly. I should have declared my interest as chair of CORT, the Carbon Monoxide Research Trust, and of the All-Party Parliamentary Carbon Monoxide Group. I was asking about carbon monoxide alarms; the Minister has addressed smoke alarms. We were seeking clarification on whether carbon monoxide alarms are also mandatory in bedrooms.

[Lord Greenhalgh (Con)]

For carbon monoxide, if there is a fixed combustion appliance in the room, which would not include a bedroom if there was no—

[Baroness Finlay of Llandaff (CB)]

Very few bedrooms have gas boilers in them. Can the Minister write to us and follow up on that?

[Lord Greenhalgh (Con)]

I will clarify when it is smoke alarms and when it is carbon monoxide alarms; as I understand it, effectively, there has to be a gas boiler present, which would rule out many bedrooms. However, I will write to the noble Baroness on that point.

The noble Baroness, Lady Hayman, following the lead of the noble Baroness, Lady Pinnock, wanted to know what “reasonably practicable” looks like. My answer is that, essentially, we will recommend that landlords carry out repairs as soon as they are able to. This will depend on such factors as access to the property, which will be set out in guidance.

In response to the noble Baroness, Lady Finlay, on her question about mandation of carbon monoxide alarms in rooms with gas cookers, data shows that gas cookers are responsible for fewer incidents of carbon monoxide poisoning than gas boilers. This may be because domestic gas cookers do not tend to be used continuously for long periods, unlike boilers. For this reason, the Government believe it would not be proportionate to require alarms in rooms with gas cookers as well as rooms with gas boilers.

On the point about public information, we are developing communication to target tenants to make sure that they understand the regulations and the importance of protection from carbon monoxide poisoning. There is some movement on the call for a public information campaign.

The noble Baroness, Lady Pinnock, wanted to know how we reached the implementation period for these new requirements. This relates to the fact that the majority of respondents to the consultation agreed that we should not delay the introduction of new requirements once the regulations are made. A significant delay between the regulations being made and taking effect would put lives at risk. It is a question of getting the right balance between the two. That is why we alighted on 1 October 2022 as the most achievable date.

Both the noble Baronesses, Lady Finlay and Lady Pinnock, wanted to know why we were not specifying the type of alarm. The draft regulations do not stipulate the type of alarm—such as hardwired or battery powered—to be installed. In the case of smoke alarms, we advise landlords to choose ones that are compliant with British Standards, and I am sure that there must be British Standards that have to be complied with for carbon monoxide alarms. We encourage landlords to make an informed decision and choose the best alarms for their properties and tenants, with due regard for their residents’ circumstances.

Building Safety Bill

Baroness Finlay of Llandaff Excerpts

Lords Hansard - Part 1 & Report stage
Tuesday 29th March 2022 Lords Chamber

If the Minister cannot accept this modest but important improvement to the Bill, I hope that he may commit to finding another way to formally incorporate his department’s collaborative procurement guidance in the new regime, perhaps through secondary legislation. The guidance is clearly intended to be part of the regulatory framework, but I do not see how this will happen as it stands. Guidance is by its nature voluntary and past experience shows all too often that the construction sector does not do voluntary. Some sort of statutory underpinning is needed to ensure that the fundamental importance of procurement and contractual arrangements to the building safety regime embodied in this Bill is recognised and acted on. I look forward to the Minister’s response.

[Baroness Finlay of Llandaff (CB)]

My Lords, I rise briefly to support the amendment in the name of the noble Lord, Lord Crisp, and others. I had the privilege to be on the Select Committee on National Policy for the Built Environment, which reported six years ago with Building Better Places. We had extensive evidence from Public Health England on the impacts of the built environment on health. That built on the work done by Michael Marmot on the social determinants of health and the evidence of the cost to the nation of poor housing. In our report, we recommended that those working in housing should take account of the health impacts of their decisions. The relevant paragraph of the government response to our report said:

“The Government recognises the importance of considering health as part of the planning process and believes health impacts should be considered as part of the wider policy environment.”


The plea that we heard from the noble Lords, Lord Crisp and Lord Bethell, to integrate these factors and consider them at every stage has been supported by the evidence for many years. I hope that the Government will listen to the evidence that they themselves took on board in responding to our report.

[Lord Young of Cookham (Con)]

My Lords, I added my name to the amendment tabled by the noble Lord, Lord Crisp, in Committee but was unable to speak to it, so I welcome the opportunity to add a brief footnote to the excellent speech that he made a few moments ago. I do so having been responsible for building control under the Thatcher and Major Administrations.

No one could object to the aspirations behind the amendment and the Healthy Homes Act campaign and I hope that the Minister will be able to respond sympathetically. I understand that so far the Government have objected to the proposal on the grounds that this is a matter for planning rather than for building regulations. The boundary between the two is inevitably not clearly marked and many people think that, if they have planning consent, that is the end of their interface with the local authority.

I have just one suggestion to make. The Minister may take the view that some of the objectives in the TCPA brief fall on the planning side rather than the building regulations side. I quote from its manifesto, which says that homes should

“be built to design out crime and be secure … all new homes should … provide access to sustainable transport and walkable services, including green infrastructure and play space”

and should have a minimum liveable space. Those all seem to be entirely reasonable requests. If my noble friend takes that view and believes that they are not appropriate to this Bill, can he give an assurance that they will be incorporated into the next planning Bill so that we can get to the same destination, albeit via a different route?

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[Baroness Young of Old Scone (Lab)]

My Lords, briefly, I too support Amendment 262 in the name of the noble Baroness, Lady Jolly, to which I have put my name. I will not go through all the reasons why it makes common sense but we have had the British Standard for well over 10 years and it is more observed in the omission than the commission. We really must make progress at this stage.

The Minister gave valuable assurances in Committee; the reason that we need to press him today is to get some clarity about the timetable for this. I feel that, if we cannot get a guarantee that it will be not only consulted upon but implemented within a 12-month period, we will have to regard that as unsatisfactory and press this amendment. Can he tell us whether he can meet that 12-month deadline for consultation and implementation and, if not, what the problem is and what the timetable will be? The standard has been around for a decade and it seems that this is a “just get the finger out” moment. I am sure that he is a “just get the finger out” sort of Minister.

[Baroness Finlay of Llandaff (CB)]

My Lords, I am most grateful to the Minister for meeting me and the noble Baroness, Lady Jolly, yesterday, and for sharing the correspondence that he had had over the Building Regulations Advisory Committee. He explained why it would be easier to update a statutory approved document than primary legislation, and the need for such statutory regulation to be reviewed rapidly and changed as things go on.

I endorse what has been said by others who have spoken, in that there is an urgency to this. Around many parts of the UK at the moment, we see what is almost an explosion of housebuilding and of other building sites. It would be really tragic if the Bill went through but those buildings do not have staircases in them which are fit for the population who are going to use them, and if we do not see a real drop in accidents in these new buildings. The old housing stock is obviously really difficult and much of it has inappropriate staircases, but we are talking here about new build. Because of that, there is an urgency and I hope that, when the Minister responds, he gives us a really good and tight timetable.

[Baroness Neville-Rolfe (Con)]

My Lords, as a former retailer, I have a good deal of sympathy with Amendment 254 in the name of the noble Lord, Lord Foster. I agree with him that there is a gap here with online material posing a risk to safety, which is not the case with normal retail sales. In summing up, can my noble friend the Minister give us a bit more confidence as to when that gap will be filled? The Government are often too slow.

In that vein, I very much welcome the progress made by my noble friend the Minister on staircases, which are the subject of Amendment 262. I agree that the approach outlined by the noble Baroness, Lady Finlay of Llandaff, seems to make sense and allow us the opportunity to get on with this consumer issue as well.

I share the concerns underlying Amendment 264 from the noble Baroness, Lady Pinnock. There is a real problem of shortages in the built environment workforce, as highlighted in the Built Environment Committee’s report on demand for housing—a committee on which several Members of this House sit and which I have the honour to chair. However, to be honest, the amendment is overcomplicated. The direction of travel is right but I am doubtful that we should accept an amendment in this form.

On Amendment 261, of course we need improved homes; cold homes are very bad for health, as has been shown by many studies. However, this is an uncosted proposal. It will have huge compliance costs for homeowners—admittedly, over a reasonably long period—and I really do not think that we are in a position to add it to this Bill today.