Levelling-up and Regeneration Bill

Debate between Baroness Pitkeathley and Baroness Pinnock

Consideration of Commons amendments
Monday 23rd October 2023 Lords Chamber

[Baroness Pinnock (LD)]

I beg to move.

[The Deputy Speaker (Baroness Pitkeathley) (Lab)]

I want to be sure that I have heard it right. Is the noble Baroness moving this one?

[Baroness Pinnock (LD)]

Yes, I wish to test the opinion of the House.

Building Safety Bill

Debate between Baroness Pitkeathley and Baroness Pinnock

Committee stage
Thursday 24th February 2022 Grand Committee

[Baroness Pinnock (LD)]

My Lords, in his response just now the Minister talked about raising the competence of the construction industry and improving the quality of the built environment. This set of amendments, in my name and that of my noble friend Lord Stunell, does precisely that. The focus is on improving consideration of the independence, qualifications and training of those with the critical responsibility of certifying that construction is in compliance with both building regulations and the approved plans. You would think that concentrating on this element of reform of a failed system would be given importance but, unfortunately, in the clauses we have in the Bill it has not been given the prominence it deserves, which has resulted in the amendments I am speaking to now.

Amendment 16 seeks to finally end the changes made by the Building Act 1984 and the approved inspectors regulations. This Act established approved inspectors. Prior to the 1984 Act, all building inspectors were local authority employees. Of course, there were failings with that system; I am not here to say that having all building inspectors under the aegis of the local authority was perfect—it was not. What was introduced—although with good intention, I am sure—has developed into what can be an unhealthily cosy relationship between constructor and inspector. It permits development companies to appoint their own approved inspector, who has to notify the local authority initially and then submit a certification to the local authority when the building works are completed.

The removal of dangerous cladding has in some cases exposed serious defects in construction. Of course, these were because constructors failed to comply with building regulations and the approved plans. Nevertheless, building inspectors had certified these buildings as compliant when they were not. This Bill is the opportunity to make detailed changes to ensure that this situation, in which buildings are signed off as compliant when they are not, does not happen again.

The dual system of building inspectors that currently exists is a key issue. There is a lack of accountability for the decisions made by inspectors. This lack of direct accountability is the very issue that runs through the Hackitt report. At the moment, even if the local authority receives reports of problems associated with a construction site, local authority building inspectors are forbidden by law from investigating and providing an independent check. The simple fact that developers contract their own building inspectors provides a culture in which precise and exact compliance can be ignored.

Change is essential if this Bill is to achieve what it states are the aims, which we are all here to support—better building safety. The Minister has often talked about the tools in his toolbox. I want him to tell me that he will use one of the tools he constantly refers to: recovering the certification documents for the buildings where there have been breaches of building regulations at the time of construction. If he does, we will find out which building inspectors, or the companies to which they belong, have signed off as compliant buildings which painfully obviously were not. Building inspection companies have a liability in this building safety crisis, and they need to be held accountable as well as all the other elements of the construction business we are referring to.

Then there needs to be a radical change to the accountability of building inspectors, both public and private. Private inspections can no longer expect to be free of public oversight, and it will be helpful to hear from the Minister how the accountability of the building inspection regime is expected to operate and how effective it will be.

So, I have covered the duality of the building inspection control system as it currently is and how I hope it will be improved. The other amendments in my name and that of my noble friend Lord Stunell seek to have on the face of the Bill agreed and standard qualifications with consequent and regular compulsory training to ensure that all inspectors have knowledge of new building materials and how these operate in connection with other construction elements. Again, this issue of the relationship of materials in construction and retaining the integrity of the building has been cruelly exposed by the Grenfell tragedy.

Finally, building safety absolutely depends on a highly skilled workforce. Over the years, various Governments have reduced resources to organisations that are able to train and improve the skills of the construction workforce. I will give just one example: further education colleges have had funding slashed and, consequently, courses closed down. This is a short- term approach, so my Amendment 136 will require the Government of the day to publish regular assessments of the current state of the construction industry workforce in order that the aims of the Building Safety Bill can be achieved. With those comments, I beg to move Amendment 15A.

[The Deputy Chairman of Committees (Baroness Pitkeathley) (Lab)]

My Lords, the noble Baroness, Lady Brinton, is taking part remotely, so I invite her to speak now.

Children and Social Work Bill [HL]

Debate between Baroness Pitkeathley and Baroness Pinnock

Wednesday 13th July 2016 Grand Committee

[Baroness Pitkeathley]

My Lords, one could scarcely fail to notice that when the Minister talked about the very welcome aspects of the things that this new regulator is going to do, they were, as others have said, mostly focused on the improvement of social work. There is no disagreement about this. Everybody wants to improve and support social work. However, the actual functions of a regulator always come very far down the Minister’s list when we talk about registration and the fitness to practise of social workers. Fitness to practise involves not being fit to practise and social workers being struck off a register, which is a very important part of what a regulator does.

Any regulatory system for social workers should ensure parity of esteem for the social work profession with that accorded to other public service professions entrusted to undertake high-risk professional tasks. For me, that is an argument for keeping the system within the Department of Health, which regulates many of those other professions. Any regulatory system should also provide stability for social workers. One thing that we have not given social workers in recent years is any form of stability. Some of us here are old enough to remember CCETSW before we had the GSCC, and all the controversy surrounding that. Then we went to the HCPC. That lack of stability has added to the problems of the workforce and the severe current retention problems with which we should all be concerned.

Any regulatory system must also be cost-effective to both central and local government and not be provided for at the expense of resources needed for service delivery, about which my noble friend Lady Howarth—I call her my noble friend—has already talked so eloquently. It must not result in the deterrent of unacceptably high registration fees falling on very poorly paid social workers. I am still not convinced about that. It seems to me that the HCPC already does parity, stability and being cost-effective. We could leave regulation there, along with consulting the HCPC to undertake some improvements, which I am sure it would be willing to do, and with the existing oversight of the Professional Standards Authority and a responsibility to the Privy Council, which is also where the HCPC sits. If we did that, and had a separate improvement agency, which, as the noble Lord, Lord Warner, said, could be set up very quickly, and given the great amount of agreement from everybody in your Lordships’ House and across the piece, why does not the Minister at least give that serious consideration over the summer?

[Baroness Pinnock]

My Lords, the Minister referred earlier to the regulator having a role in fitness to practise. He is absolutely right; that is what a regulator has a duty to do. However, I refer again to the policy statement produced last month by the Department for Education and the Department of Health. It refers to professional standards which will cover four elements: on proficiency, performance, conduct and ethics and, it says:

“Continuing professional training and development”.

If I were looking through the eyes of a social worker at what was being set up here, I wonder how happy I would be to have a regulator that was going to establish the standards and have the right to strike me off if my proficiency was not up to scratch in any way, yet was also going to set out my continuous professional development. When we had the meeting with the chief social worker, she said that social workers have a range of ambitions when they go into social work, at one end of which is their role in challenging society and how the Government see society. That is one of the complex and noble reasons why people become interested in and go into social work.

Paragraph 119 of the policy statement relates to CPD. It states:

“The new regulator will set new standards for CPD”,

and refers to,

“options on how to ensure compliance … This will include appropriate sanctions for non-compliance”.

Here we have a regulator concerned with fitness to practise, as regulators are, while it may impose sanctions for non-compliance with what it has set up for professional development. That is at the heart of what the noble Lord, Lord Hunt, said earlier when he referred to the medical profession. He spoke about the importance of separating the state and government from what is at the heart of social work, as opposed to regulation.

So what is at the heart of development? Which route should we go down when we train social workers for mental health practice, for instance? Should it be the route that the Government may want, ensuring that more people are taken into secure units, or should the approach be more one of community care? If the regulator has responsibility for both fitness to practise and compliance with its own list of what CPD should include, we are down a very dangerous route, and I am sure the Minister would not want that to happen. CPD needs to be separate. If we have a profession, as we do, continuous professional development must be separated from the regulator. That is at the heart of this amendment, which I support.