(7 months, 3 weeks ago)
Lords ChamberI 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.
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.
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.
(8 months, 3 weeks ago)
Lords ChamberMy 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?
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.
(1 year, 1 month ago)
Lords ChamberMy 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.
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.
(1 year, 1 month ago)
Lords ChamberMy 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.
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.
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.
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.
(1 year, 5 months ago)
Lords ChamberMy 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.
(2 years, 2 months ago)
Grand CommitteeMy 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.
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.
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.
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.
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.
For carbon monoxide, if there is a fixed combustion appliance in the room, which would not include a bedroom if there was no—
Very few bedrooms have gas boilers in them. Can the Minister write to us and follow up on that?
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.
(2 years, 5 months ago)
Lords ChamberMy 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.
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?
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.
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.
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.
(2 years, 6 months ago)
Grand CommitteeMy Lords, I support all three amendments in this group. Amendment 111, which was laid by my noble friend Lord Foster and to which I have added my name, aims to protect consumers from items purchased online that are non-compliant with rules for purchasing the same products in shops. I thank him for his clear and detailed explanation of why it is needed.
The excellent analysis by Electrical Safety First of the Office for Product Safety and Standards demonstrates that there is a real safety issue. Nearly two-thirds of electrical products bought in an online marketplace are non-compliant and a shocking quarter is actively unsafe. Electrical Contracting News said that in 2020 faulty appliances caused 43 fires per week in England. Everyday household appliances caused 15,000 accidental fires in homes. We know that some serious and fatal fires in high-rise and medium-rise buildings were caused by faulty appliances. Some fires were due to household items being placed too close to the source of heat or to misuse of appliances, but a number were due to appliances that were found to be faulty.
If two-thirds of electrical products bought in online marketplaces are non-compliant and, worse, a quarter is unsafe, that is a recipe for danger. Perhaps it is not surprising that legislation is taking time to catch up with new ways of purchasing goods, yet the focus of this Bill is to ensure that buildings are safe, especially high-rise buildings. This amendment proposes a solution to the problem and I support it.
Briefly, I want also to add my support to Amendment 112 laid by my noble friend Lady Pinnock and Amendment 117 laid by the noble Baroness, Lady Finlay. The amendment of my noble friend Lady Pinnock also responds to evidence given at both the Grenfell inquiry and Dame Judith Hackitt’s review of the appalling habits of too many construction product companies of managing to soften or even blatantly breach the safety regulations. It is evident that the regulations are out of date and I hope that the Minister will be able to respond favourably to this, too.
Finally, the amendment of the noble Baroness, Lady Finlay, highlights the importance of the provision of CO detectors and alarms and seeks for the responsible person to ensure that they are provided. Too many times, people end up with unsafe equipment, whether an old gas fire or, worse, a new exterior gas fire being used inside through ignorance, which has resulted in the deaths of far too many people. We are used to having smoke alarms in buildings, especially high-rise ones. We should also have CO detectors and monitors as a matter of absolute routine for safety. I look forward to hearing the Minister’s response.
My Lords, I would like to speak to my Amendment 117 in this group— I am grateful to the noble Lord, Lord Hunt of Kings heath, for supporting this amendment with me. I should declare my interest, as I co-chair the All-Party Parliamentary Carbon Monoxide Group and I chair the CO Research Trust.
As the noble Baroness, Lady Brinton, said, faulty appliances are often a source of carbon monoxide, but so are wood-burning stoves and oil central heating. Anything that burns a carbon-based fuel can produce carbon monoxide, which is colourless, tasteless and odourless and results from incomplete combustion of the fuel. The problem is that high levels kill you rapidly, within a few minutes, but the symptoms are that you just feel warm and sleepy. You think that you are comfortable and sleepy; the next thing you are dead. However, low levels also produce long-term damage and are thought to damage the developing foetus in pregnant women.
We will also be introducing requirements for labelling construction products, to support regulatory activity. Once again, I thank the noble Baroness for raising this matter but, based on the explanation I have just provided, the Government will not be supporting the amendment.
Finally, on Amendment 117, tabled by the noble Baroness, Lady Finlay of Llandaff, I thank her for raising the important matter of carbon monoxide and the risk it poses. Carbon monoxide can be released from faulty or leaky boilers and chimneys. As the noble Baroness said, it is colourless, odourless and tasteless and can lead to life-changing injuries or death. It is indeed sometimes called the “silent killer”.
The Government take the risks and consequences of carbon monoxide poisoning very seriously and share a common goal with the noble Baroness of wanting to safeguard people from this deadly gas. She was right to stress the relationship between poverty, particularly fuel poverty, and the high incidence of harmful indoor air quality. However, the new clause is unnecessary. Legislation is already in place, as I will go on to explain, and we will bring forward new legislation and updates to guidance that will safeguard people from the harmful effects of carbon monoxide poisoning. We believe that, together, these measures will achieve the improvement in safety sought by this clause. The gas safety regulations require the safe installation, maintenance and use of gas systems, and they require landlords to carry out annual gas safety checks, which reduce the risks of carbon monoxide poisoning.
While carbon monoxide alarms are not a substitute for the proper installation, use and checks of combustion appliances, they are a useful additional precaution. Currently, our building regulations require appropriate provision for carbon monoxide detection and alarms when solid fuel appliances are installed in homes, irrespective of tenure. The Smoke and Carbon Monoxide Alarm (England) Regulations 2015 require carbon monoxide alarms in privately rented homes where there is a solid fuel appliance.
Recent evidence and analysis show that, although solid fuel appliances, such as wood-burning stoves, continue to be responsible for a disproportionate number of carbon monoxide incidents, the case to require alarms for combustion appliances using other fuels has grown. Therefore in 2020 we consulted on proposals to extend provisions for carbon monoxide alarms to be fitted when oil and gas-heating boilers are installed in all homes, irrespective of tenure, and to require that alarms are installed in any room used for habitation with a fixed combustion appliance, excluding gas cookers, in privately rented homes and social housing. These proposals received broad support and, in 2021, we announced that we will amend the regulations as soon as parliamentary time allows, with the changes coming into effect as soon as practicable. We will also update the statutory guidance on carbon monoxide alarms.
These new measures extend the use of carbon monoxide alarms to the extent that we consider appropriate, based on the current evidence available. The extended alarm measures are not limited to high-rise buildings and will apply to newly installed combustion appliances in homes irrespective of tenure and to all private and social landlords. While I appreciate the intention of the amendment, I hope I have reassured noble Lords that we have committed to extending the requirements and guidance around carbon monoxide alarms where appropriate to do so. I therefore ask the noble Baroness not to press the amendment.
Once again, I thank noble Lords for this debate, which has considered wider matters connected to safety, and I hope that, with the reassurances given, noble Lords will be content not to press their amendments.
May I ask why the Government have not extended the requirement to all new builds and to major refurbishments when they are bought by a company and subsequently sold, and why there is a resistance to insisting that alarms are installed in workplaces? More and more firms are now struggling with the cost of heating. They may be turning it down, and people in the workplace may, in wanting to keep warm, bring in heating devices from outside that should be used for camping and cooking outside, or whatever. With fuel poverty, the risk of carbon monoxide poisoning is going to rise.
Simply to put into regulation that alarms need to be installed seems a move that would not cost anything significant to the building trade, or anyone refurbishing buildings—but to leave it simply restricted to landlords and to rely on annual checks, when we know that they are not always done adequately, seems completely inappropriate and highly risky. The landlord has to check the appliance installed, but when people are in fuel poverty they often cannot afford to run that appliance as it should be used—and, as I said, they will do such things as use an oven with the door open to try to stay warm, and that will pour out carbon monoxide. The other problem with that is that the level of air in the room is exactly at the level of a toddler’s face, so children are more exposed than adults in such a situation. If an alarm was installed, it would go off irrespective of relying on a landlord.
The other problem is that a lot of people now in fuel poverty are not in rented accommodation. They have mortgage commitments which they are struggling to pay. They are suddenly finding that they are in a band of poverty that they never imagined they would be in when they took out a large loan to purchase their property, particularly with interest rates going up as well.
As I said in my speech, the extended alarm measures will apply to all newly installed combustion appliances in homes, irrespective of tenure, and to all private and social landlords. I should also add that we consulted in November 2020 on proposals to extend the requirements for carbon monoxide alarms to oil and gas heating installations and to social housing. The Government are yet to respond to this consultation, but we will do so in due course.
My Lords, I have signed Amendments 122, 123 and 124 in the name of the noble Lord, Lord Foster, and will come to them in a minute, but I wanted to start by supporting Amendment 120, laid by my noble friend Lady Jolly.
As the noble Baroness, Lady Harris, has said, BS 5395-1 ensures that staircases in new-build homes have the best possible ratios between treads and risers. This is especially important as many new-build homes are built to fewer square metres than recommended, resulting in staircases being squeezed into narrower spaces. There is only one consequence of that: stairs become steeper, and too often even fail to have a handrail all the way up because of the narrowness of the stairs. That is a recipe for falls, whether for children, the elderly, or the disabled.
Let me tell noble Lords, it is extremely scary to have to come slowly and painfully down steep emergency exit stairs, holding a handrail, with a stick in your other hand, while others race past you. On one occasion, someone tripped on my stick as they tried to race past me, resulting in both of us falling—luckily, only a couple of steps. Had it been at the top of a run of 10 steps, not only would we both have hurt ourselves badly but others following would probably have fallen over us too. Building standards are there for a reason and should be a minimum for new builds. Building in safety is part of Hackitt’s golden thread.
Elderly and disabled people using a stick, or sticks, on a narrow and steep staircase, possibly with no handrail, will be at serious risk of falls. Special fracture clinics report that falls in the vulnerable often lead to life-changing injuries, serious muscle loss while they are in hospital, loss of confidence and, sadly, earlier deaths. So it does not just cost lives; it costs quality of life, and it also costs the NHS and social care millions every year in extra treatment and care support.
I now turn to the other three amendments in this group in the name of the noble Lord, Lord Foster, to which I have added my name. One of the worrying aspects of fires in high and medium-rise residential blocks is the number caused by faulty or defective installation. Home Office data shows that this number is growing, whether from the cables themselves or from the shoddy work on party walls that breaches compartmentation, both of which are completely unacceptable. These amendments address that.
Amendment 122 requires leaseholders to ensure the safety of electrical installations in high-rise buildings. Amendment 123 specifies that leaseholders in mixed tenure high rises have to ensure the safety of their electrical installations. Amendment 124 places a specific responsibility on social landlords to do the same. The noble Baroness, Lady Pinnock, spoke eloquently in the first group this afternoon about the problems of breached compartmentation and quoted from Dame Judith Hackitt’s report. The same applies here, but currently the same responsibility does not apply to different types of landlords and leaseholders, and this is an unacceptable loophole. The amendments from the noble Lord, Lord Foster, remedy that.
The requirements in these amendments make it clear that leaseholders and landlords have a duty to ensure that installation works must be safe. Surely, that is not too much to ask. Surely, all these various types of flat should have a current electrical installation condition report, which not only demonstrates that they, the landlords and leaseholders, have taken care to ensure the safety of residents and the buildings they live in but gives them the same protection as those of flats with private tenants. Dame Judith Hackitt’s golden thread does not just apply to the construction industry; it also applies to those with responsibilities for the buildings once they are lived in. Most tenants are not aware of the distinction between different types of landlord and leaseholder in building safety law. Surely, our law should be consistent.
My Lords, I was delighted to see this amendment from the noble Baroness, Lady Jolly. As she pointed out, more than 700 people die each year from falls on the stairs. But in addition to this, 43,000 people are admitted to hospital. Falls are tragic and common, but they do not often make the news. Someone is estimated to fall on stairs every 90 seconds, and falls on stairs account for a quarter of all falls in the home. Obviously, when stairs have an inadequate guardrail, the trauma sustained is even worse, as it is when they are a long flight of stairs.
The most common injury is a fractured hip, but the most costly to the country is a spinal cord injury, which is absolutely devastating. The lifetime average cost of a spinal cord injury is £1.12 million, which works out at a total of £1.43 billion for all the accumulated spinal cord injuries. These are staggering figures, yet the British Standard, which has been referred to, is associated with a 60% reduction in falls. It has existed since 2010 and has been thoroughly tested, evidenced and assessed by industry and government. If we are to have homes that are built as homes for life, we need stairs in them that are safe. If workplaces are to be safe, they must have safe evacuation stairs as well.
As they grow older, many people need to install a stairlift in their home to enable them to go up and down stairs safely, particularly when they have items to carry. Many homes are still being built with stairs too narrow to safely install a stairlift on. In the long term, the British Standard is a very good investment for the nation.
I know that the Minister is aware of all of this and has been working with RoSPA to come to a solution. I look forward to hearing an update from him on this matter, because RoSPA and those of us who signed this amendment honestly believe that this one action could save more lives than anything else in the Bill.
My Lords, I am sorry to interrupt. The Minister has had to leave to deal with a pressing personal matter. Can I ask for a five-minute adjournment?
My Lords, the Committee will adjourn for five minutes.
(2 years, 8 months ago)
Lords ChamberI take that as a helpful interjection. We need to think about how we protect leaseholders, and sometimes statutory protection is a good thing. We know that the Building Safety Bill, that will have finished Committee in the House, provides a vehicle to do precisely that, but I cannot say any more on the subject.
What is the Government’s response to the statement on 10 December from the chair of the board of the Royal Institution of Chartered Surveyors, in which he calls for the EWS1 checks not to be scrapped for buildings under 18 metres and estimates that there are 77,500 low-rise buildings that urgently need fire remediation work, at an estimated cost of £15 billion?
We have quite a lot of the data on the number of medium-rise buildings, and there are far more medium-rise buildings than there are high-rise ones. The figure of 77,000 is broadly correct, but the number within that requiring remediation is very small indeed. I cannot give the noble Baroness those statistics, but I have seen our survey work. The number requiring mitigation is also very small. Frankly, the Royal Institution of Chartered Surveyors seems to be more interested in how it can raise money for surveyors than being proportionate in terms of the approach towards this crisis.
(2 years, 9 months ago)
Lords ChamberI agree entirely with my noble friend: we need to see the revival of that industry. We believe that that can be done by taking a proportionate approach of keeping those people who do not wish to smoke in outside pavement space segregated from those who do. In that way we can provide an environment that enables people to exercise their personal choice and enables those areas where smoking rates are higher, which are typically in the north of England, to get back on their feet, which is vital.
My Lords, there is good evidence that exposure to smoking not only damages children’s health but makes them much more likely to go on to become smokers themselves, copying the role model of the adults they see. How does the Minister justify the Government’s current policy on pavement licences, which exposes children to a significant risk of addiction to a lethal product? Do the Government have any evidence that extending smoke-free areas would damage the hospitality industry at all?