Fire Safety and Cladding

Debate between Kit Malthouse and Steve Reed

Wednesday 23rd January 2019 Commons Chamber

[Mr Reed]

I agree with my hon. Friend. It is absolutely extraordinary that we are not looking, right now, at a ban on all forms of flammable cladding. It is now 10 years later.

What we see now is still evidence of a go-slow and foot-dragging approach by the Government that is highly inappropriate—I would almost say negligent—given the risk to life that we know exists from the deaths that happened at Lakanal House and those that happened in even greater numbers at Grenfell Tower. [Interruption.] It is no good the Minister shrugging his shoulders and grunting from the Front Bench. Grenfell happened after Lakanal because Ministers refused to act on the guidance—the instruction—that they were given by the coroner. Eric Pickles, who was the Secretary of State at the time, refused to act on the advice given by the inquest into Lakanal House in 2013. In 2016, because it had not been banned, ACM cladding was strapped to the outside of Grenfell Tower. In 2017, it went up in flames and 72 people lie dead as a result. It could not be more serious.

We need properly to understand how this came to be, why the Government did not act, and why the Government still have not acted to ban that type of cladding from buildings. They are talking about banning it, but all flammable cladding has not been banned from all buildings—[Interruption.] The Minister will have an opportunity to respond later in the debate, and we look forward to hearing him. [Interruption.] If he wants to intervene, I will take his intervention.

[The Minister for Housing (Kit Malthouse)]

I am quite happy to intervene, and I am grateful to the hon. Gentleman. It should be clear that in December last year, we banned flammable cladding of all types on buildings over 18 metres. This is an absolute and complete ban, and nobody should be under any illusion about that, or represent it as being anything other than that.

[Mr Reed]

As I will come on to say during what remains of this debate, a partial ban is not a ban. This kind of cladding is still permitted on far too many buildings, and too many people are not safe. There has been no action to take flammable cladding off buildings where it already exists. Those are the issues that I want to come on to. In fact—

[Kit Malthouse]

rose—

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[Mr Reed]

I will take an intervention in a moment, but I want to make this point, because it is linked to the issue that we are debating right now.

In fact, there are still thousands of terrified residents living in blocks with the same kind of cladding, or a very similar kind of cladding, as that which went up in flames at Grenfell Tower. There are still 56 private blocks of flats around the country—that is 56—that have no clear plan in place to remove and replace it. People are left living in fear. There is no point in the Minister standing up and telling me the Government banned it last December when right now, in 56 blocks around the country, people are living with flammable cladding strapped to the outside of their homes and no plan whatsoever to remove it.

[Kit Malthouse]

We went through this yesterday during the urgent question. I am sorry that the hon. Gentleman is seeking to make an issue of it. We have made it very clear that while he is correct that there are still a number of private sector residential buildings that do not have a clear plan for remediation, it is the case, as I said yesterday, that 100% of those buildings have temporary measures in place that have been agreed and certified by the local fire and rescue service as appropriate for the building. My primary concern, and the Department’s primary concern, has been to make sure that people are safe tonight. As I am sure he would acknowledge, it is not possible, by some feat of magic, to make this cladding disappear overnight. We must, however, make sure that everybody is safe overnight. That is where we have been focused.

The hon. Gentleman says that thousands of people are living in terror in blocks, but that should not be the case, on the basis that every local fire and rescue service has visited, inspected and agreed temporary measures with every residential building over 18 metres in height that has this cladding, and they are going back to check and monitor to make sure that they are in place. I really would urge him not to cause undue alarm among this residential population, because steps have been taken to keep them safe.

[Mr Reed]

I have to say, with all due respect to the Minister, that I find that comment rather complacent. It is all well and good to say that this cladding cannot be taken down overnight, but it is 19 months since Grenfell Tower went up in flames, it is 10 years since Lakanal House went up in flames, and it is eight years since the coroner told the Government that there needed to be a ban on this kind of cladding—that is not overnight. The Government have not acted with anything like the requisite speed, given the scale of threat to human life. It is completely unacceptable.

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[Mr Reed]

I completely agree with my hon. Friend’s point about the cladding manufacturers seeking better reassurance for themselves. Of course, it is not just the cladding that is flammable; it is the combination of the cladding with the insulation. Because the Government permit what are called desktop studies—

[Kit Malthouse]

rose—

[Mr Reed]

—which have allowed a particular cladding to be enriched with a particular form of insulation, they do not always know what is being put together and how dangerous that will be, and the cladding manufacturers do not want to know that their products are being used in ways that threaten life.

[Andy Slaughter]

I think that the Minister was trying to intervene on an intervention. I am glad to see that he at least has some interest in the subject. I shall make a little progress, and then I will take an intervention from him.

My hon. Friend is absolutely right. I do not think we are being paranoid about this. What concerns us is that a whole industry has developed on a defective basis over time, and has not been corrected: it continues to function as an industry and to make profits. No one is saying that we are going to wipe the slate clean overnight, but a lot of people have a lot to hide, and I therefore think it particularly important for the Government—who, as my hon. Friend the Member for Dagenham and Rainham (Jon Cruddas) said, may have something to hide as well—to be rigorous in shaking this out. They should look at the history—at the defects and malpractices that have grown up over the last 10 years or more—but they should also be very sceptical in future about some of the advice that they are getting. They should obtain the broadest possible range of advice.

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[The Minister for Housing (Kit Malthouse)]

I commend the hon. Member for Croydon North (Mr Reed), notwithstanding his partial recitation of Government policy in this area, for recognising the importance of fire safety and cladding, and for securing this debate. I am always grateful for the chance to talk on a subject of such importance as fire safety and ensuring that residents are safe, and feel safe, in their homes.

I take this opportunity to express my sorrow at the obvious emotional distress caused to the hon. Gentleman’s constituents and others by the Shurgard fire. He spoke very movingly about the fire’s impact, particularly on families who are between homes, and I recognise the distress it may cause. Although I am sure he will recognise that building regulations are largely focused on preserving life, I nevertheless recognise the importance of what he says, and I will come back to that later.

A tragedy like Grenfell should never have happened in 2017, and this Government are determined to ensure that such a tragedy can never happen again. In the immediate aftermath of the fire, we acted quickly to establish a comprehensive building safety programme, which has involved many people working tirelessly to identify and remediate buildings with unsafe cladding. We also established the independent expert panel to advise the Secretary of State on immediate measures, and we agreed to fund a comprehensive testing programme for all building owners to establish whether their units are cladded with unsafe ACM material. We have also worked with local authorities and with fire and rescue services, as I have explained, to implement interim safety measures in all buildings to ensure that people remain completely safe in their homes until remediation is completed.

Through the testing and the hard work of local authorities, we are confident that we have identified all social housing in England with unsafe ACM cladding systems. We have made good progress in making those buildings permanently safe. Of the 159 social sector buildings, 118 have either started or completed remediation. There are plans and commitments in place to remediate the remaining 41 buildings. To help to ensure swift progress, we have made £400 million-worth of funding available to social sector landlords to fund the removal and replacement of unsafe ACM cladding.

However, I regret that remediation in the private sector has been more challenging, with negotiations in some instances disappointingly slow. Since Grenfell, we have worked intensively with local authorities to identify and collect data on high-rise buildings with ACM cladding. We have also provided £1.3 million of funding to assist local authorities in that work. Local authorities across England have assessed around 6,000 private sector high-rise buildings. They have needed to take samples to test and, in some cases, take legal action to get owners to co-operate. We have taken strong action to give local authorities the support they need to enforce the removal and replacement of unsafe cladding, we have established a taskforce chaired by me and the Secretary of State to actively oversee the remediation of private sector buildings, and we have set up a joint inspection team to support local authorities and to give them the confidence to pursue enforcement action.

On 29 November 2018, the Government went further and announced that we will back local authorities to step in and take emergency remedial action where building owners are not co-operating in the remediation of cladding. This includes financial support, where necessary, to enable the local authority to carry out the emergency work. As a result of our interventions, we have made progress on securing commitments from owners to replace unsafe cladding. At the end of December, of the 268 privately-owned buildings, 212 have either started or completed remediation, or have commitments in place to remediate. There remain 56 private buildings where the owners’ plans are unclear. That number has fallen from over 200 buildings last June.

We remain concerned about and engaged with the many leaseholders who find themselves in this difficult situation through no fault of their own. We have made it clear that we expect building owners in the private sector to protect leaseholders from the costs of remediation, either by funding it themselves, or by looking to alternative routes such as insurance claims, warranties or legal action. A growing list of companies have done the right thing by protecting leaseholders, including Barratt Developments, which has agreed to fund remediation at Citiscape in the constituency of the hon. Member for Croydon North. I am pleased to say that I sought and received confirmation that Barratt has started on site this week and is on site today.

The Government have made the remediation of ACM cladding a priority. That is because our large-scale testing programme has conclusively shown the particularly high risk posed by that form of cladding. However, it would be wrong to say that that has been our only focus. The expert panel has regularly considered the risks of non-ACM material and the action we should take. As a result, in December 2018, we issued updated advice to building owners about how to investigate non-ACM cladding systems on their buildings, and how to remediate them. In addition, we have commissioned the Building Research Establishment to conduct a testing programme on non-ACM materials, and we expect the first test results by the summer. We have also issued specific advice on other fire safety risks, for example, spandrel panels and external wall insulation.

However, it is clear that, while we must do all we can to protect people now, we need a systemic overhaul, as several hon. Members have pointed out. With that in mind, we commissioned Dame Judith Hackitt to undertake an independent review of building regulations and fire safety. Her report concluded that the current system is not fit for purpose, and charted the direction for a radical new system.

There is no question but that such a change will take time. None the less, the Government have not hesitated, and will not hesitate, to act where we can make a difference now—today. That has been clear for all to see, as we have gone further than the review’s recommendations, including banning combustible cladding. Regulations were laid in November to give effect to the ban, ensuring that cladding of that nature is no longer allowed on the external walls of new buildings over 18 metres containing flats. We are also testing and trialling elements of the new system to ensure that they are effective before they are implemented at scale.

[Mr Reed]

The Minister talks about the ban for residential blocks over 18 metres high. What evidence does he have to show that hotels and office blocks over 18 metres are safer than residential blocks? Why has that led him to exclude them from the ban?

[Kit Malthouse]

The hon. Gentleman is right to raise that issue, which the expert panel has obviously considered. I would be happy to write to him with its considerations. In broad terms, it has focused on ensuring that purely residential buildings, where people sleep overnight, are inherently safe.

[Mr Reed]

Hotels!

[Kit Malthouse]

Exactly. Although the hon. Gentleman is right to say that people sleep overnight in hotels, staff members are present in hotels and office buildings. There is always an awake watch in a hotel and that is not necessarily the case in a residential block. However, those matters are obviously open to review, and if the hon. Gentleman wants to put forward evidence that contradicts the expert panel’s, I will be more than happy to consider it. On all the issues, I do not want to give hon. Members the impression that our mind is closed. If evidence is presented to show that measures should be taken because there is a significant safety concern in buildings other than high-rise residential buildings, we will be happy to look at it.

[Mr Reed]

I am grateful to the Minister for giving way again and for saying that he is keeping an open mind on these issues. That is the right thing to do, and I commend him for it. He mentioned the independent expert panel again. I reiterate a point that I tried to make in my speech. An expert panel is not fully independent if some of its members have a financial interest in a particular outcome. Will he commit to reviewing the panel to ensure that there are no such conflicts of interest?

[Kit Malthouse]

I am happy to review the panel, but I have confidence in its members and the advice that they are giving, not least because they are a plurality of voices. The panel does include Dame Judith Hackitt, along with several other people who have been involved in the fire and rescue service over the years, but I am happy to review its membership, as we would do generally, to make sure that we have the right range of expertise thereon.

As part of our plans, we also have our new joint regulators group and our early adopters group. They have come forward to help to drive culture change and demonstrate that the industry can put building safety first. I recognise, though, that there is much more to do. Our implementation plan, which we published before Christmas, sets out what the far-reaching overhaul of the system will involve over the coming years. The work spans four areas: first, a stronger, more effective regulatory and accountability framework; secondly, clearer standards and guidance to support better understanding by those carrying out building work of what is required to make buildings safe. This is an area in which we have already taken action, by consulting on a clarified approved document B to enable the guidance to be revised. We have also completed a consultation on restricting the use of desktop studies and published amended guidance on this matter. Thirdly and most crucially, a stronger voice for residents will be at the heart of the new system. Finally, the implementation plan sets out how we will work with industry to help it to prioritise public safety and lead the culture change—a change that we all agree is badly needed.

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[Kit Malthouse]

I am certainly happy to investigate that issue but, as I say, one of the delineations that the expert panel has made in its the consideration of safety is the notion of residence and people sleeping overnight in a building. As the hon. Lady will know, all schools have to conduct regular fire drills to make sure that they are prepared. It is also worth remembering that, sadly, fires happen in all sorts of buildings, many of which do not have cladding on them. There are all manner of buildings made from materials that are potentially flammable—wood, asphalt or whatever it might be—so we need to be proportionate in respect of the risk, while bearing in mind that we want to minimise it in all circumstances, when possible. A range of measures can be taken to ensure fire safety beyond the pure construction of the building, such as evacuation procedures, fire suppression techniques—sprinklers or whatever—heat sensors or smoke sensors. A number of things can be done to ensure that buildings are safe, but I am happy to take the hon. Lady’s request away and consider it.

[Mr Reed]

I take all the points the Minister makes in a generous spirit, but parents clearly would not want there to be flammable cladding on their children’s school, whatever other fire safety measures are in place. It is a simple thing to do, so why do not the Government just ban its use on new school buildings?

[Kit Malthouse]

As I have said, the Department for Education has conducted an exercise in which buildings have been reviewed and measures have been taken to ensure that those buildings are safe. I speak as somebody who has two children at school, and I understand that schools go through their fire drill, have fire doors, know where all the children are and are very focused on the notion of fire safety. I am more than happy to have a think about the point the hon. Gentleman makes. As I say, we constantly keep these things under review, and the vehicle for that will be the review of approved document B in the building regulations in all circumstances.

I am not saying no, but the hon. Gentleman would expect us to have a proportionate response that minimises the threat of fire in all circumstances. If we were to extend his thinking, we might say that we do not actually want anybody in a wooden building. A single-storey wooden building—a mobile classroom or whatever it might be—is an issue that we need to think about. [Interruption.] I understand, but that is why height matters. The particular height of 18 metres has been selected by the expert panel.

As I have said, I am happy to keep that under review, and my mind remains open. The hon. Gentleman would expect me, I hope, to be constructive in such a way. None of us has an interest in there being fire casualties; we all have an interest in getting this right. My objection to the tone of some of his speech was that he should not infer that we do not care. Indeed, there is a huge amount of effort to get this right, both politically and on the part of the remarkably hard-working and dedicated civil servants in the Department. That is why we have a comprehensive work programme, with lots of calls for evidence. A number of groups are meeting to discuss the various issues and early adopters are moving towards a new building regulations system. As I have said, it is quite obvious that the Grenfell tragedy lifted a big flat rock on a system that has not been working for many years, and our commitment is absolutely to get that right.

My understanding is that phenolic foam is covered by the ban. However, I will commission a report from the Department to give me a quick review of the points raised by the hon. Member for Dagenham and Rainham (Jon Cruddas) to satisfy myself about our approach on that particular issue. I recognise his point about the potential toxicity of fumes that may occur, whatever the height of the building. We ought to have a look at that, and I am more than happy to do so.

This is a major programme of work—now slightly more major, given the undertakings I have made to do some more work—but it is one that befits the challenge we face. It ensures that everyone with a stake in keeping people safe plays their part, and it is the programme we need to rebuild public trust and to deliver meaningful and lasting change. I believe that this is the best tribute we can offer to those who lost their lives at Grenfell Tower and those who are left behind.

Once again, let me thank the hon. Member for Croydon North for securing this valuable debate. I want to assure him and everybody in the House that this Government are determined to learn the lessons of Grenfell Tower and to ensure that nothing like it can ever happen again.