Fire Safety Bill

Debate between Lord Bourne of Aberystwyth and Lord Randall of Uxbridge

Report stage & Report stage (Hansard) & Report stage (Hansard): House of Lords
Tuesday 17th November 2020 Lords Chamber

[Lord Bourne of Aberystwyth (Con) [V]]

My Lords, the Fire Safety Bill is important legislation that I strongly support, as I do the building safety Bill, which is in draft form and which I believe your Lordships’ House will receive early in the new year. The motivation behind the amendments I am proposing is that there should be a safer home environment—a motivation shared, I believe, by the whole House. Specifically, the amendments refer to high-rise blocks; that is the spur.

I thank my noble friend Lord Randall and the noble Lords, Lord Tope and Lord Whitty, who are also signatories to the amendment and have given strong support. I also thank many others for their strong support and particularly the noble Lord, Lord Best, who, unfortunately, is unable to speak today. I thank the Minister for making time to discuss these issues; I know he is sincere in his desire to do something constructive to move matters forward on checks in tower blocks. I also thank Electrical Safety First, an excellent charity dedicated to reducing deaths from fires caused by electrical accidents. It has been magnificent, and I would like to thank Rob Jervis-Gibbons in particular but also Lesley Rudd, Ron Bailey and Martyn Allen for their help.

We need to translate the good intentions of the whole House into action, and there are some important facts to bear in mind. Approximately 7,000 domestic fires per annum are caused by faulty electrical goods; that is 53% of domestic fires. Many of these are in high-rise blocks and, in those circumstances, they are particularly treacherous. We can all recall Lakanal House in 2009, Shepherds Court in 2016 and, of course, tragically, Grenfell Tower in 2017—all confirmed to be caused by electrical ignition.

My amendments essentially focus on two proposals, as they did in Committee. First, mandatory five-year electrical system checks in high-rise blocks—just high-rise blocks. The model for this is what is being done currently in the private rented sector, just introduced by the Government this year: I endorse that move. It applies, of course, to all the private rented sector, essentially, not just high-rise blocks. My amendments would apply just to high-rise buildings—those over 11 metres high—but would apply to social tenants and owner-occupiers as well as private tenants. I ask myself why social tenants should be excluded: I am a strong believer in the levelling-up agenda, which the Government also are strongly behind. It should apply to owner-occupiers too, of course.

Social tenants are a large part of the residents of high-rise blocks. In Grenfell, they constituted the vast majority of residents, for example. I should say, and I congratulate the Government, that I am pleased to see, in the social housing White Paper issued today, moves not just in relation to smoke and carbon monoxide alarms—I see that consultation is opening on extending that into social housing, quite rightly—but also consulting separately on ways to ensure that social housing tenants are protected from harm caused by poor electrical safety. That is certainly welcome. The wording confirms the direction of travel. What is at issue, of course, is the pace, the speed: that is what we need to pick up. This is something that should be done expeditiously. The most sensible course of action in high-rise blocks would surely be to mirror the checks in the private rented sector for all residents of tower blocks, to provide for the safety of everybody in those tower blocks.

I should say in passing that I certainly endorse other actions that have been taken to help protect and guard against fire. The Home Office “Fire Kills” campaign is very welcome and is supported by the charitable sector. The building safety Bill that is coming down the tracks provides, in Clause 86 currently, that responsibility should be placed on residents for electrical goods and their safety. I welcome that but, of course, it is not sufficient in itself and will not protect, in the way that this would protect, against the fires that we are all too familiar with.

The second of the two main proposals in my amendment would require that a person responsible for fire safety, who is of course being designated in this legislation, should be responsible for a register of electrical goods. The majority of fires are caused by faulty electrical goods, and many of these are goods that have been subject to recall by the manufacturer. The fire at Shepherds Court, for example, was caused by a faulty tumble dryer that was subject to a recall. The purpose of the register would therefore be to identify these goods and ensure that they were recalled and either refitted or replaced. The person responsible for fire safety would be able to distribute information to residents, and there is a precedent for such a register in student accommodation throughout England.

I know that we all recall graphically the Grenfell Tower tragedy: it is forged on our individual memories, just as it is seared on the nation’s conscience. I look to my noble friend the Minister, who I know is sympathetic, to provide some clear way forward, indicating the seriousness of the Government’s intentions and the intention to move decisively on this agenda in the building safety Bill, possibly with a working party to move the agenda forward quickly. I beg to move.

[Lord Randall of Uxbridge (Con) [V]]

My Lords, I am pleased to support my noble friend Lord Bourne of Aberystwyth and I was delighted to put my name to his amendments, together with the noble Lords, Lord Tope and Lord Whitty. My noble friend has expressed very clearly and eloquently what his amendments are about. I also welcome the very constructive discussions we had with the Minister. As my noble friend Lord Bourne said, I believe that he understands fully what we are trying to achieve.

It seems strange to me and, I am sure, to many others, that the rules for private tenants are stronger than they are for social tenants. This inequality of responsibility should be addressed. That applies also to owner-occupiers, of course. As my noble friend said, in high-rise buildings the majority of tenants are, indeed, social tenants, and I think they need as much help as they can get in ensuring the safety of their premises and, of course, the safety of their neighbours.

On the issue of a register, again, I think this is extremely important. We have heard that this is already in place for student accommodation. I feel that there is a real problem: perhaps we should consider, with both of these proposals, that there is a huge number of, presumably, second-hand electrical appliances in existence. People will be buying them not necessarily from retail outlets; they may be buying them on eBay or elsewhere, and they will not necessarily be having them tested appropriately. This is something that I think we have to look at. Having somebody responsible for maintaining that these items are safe is, I think, of paramount importance.

I welcome the social housing White Paper that was published today, particularly the provisions around these matters. Even if we cannot get exactly what we want today—and I understand that the Bill may not be the ideal vehicle for these amendments—I look forward, when the building safety Bill comes before your Lordships, to being in a position to implement these excellent ideas and proposals from my noble friend.

Fire Safety Bill

Debate between Lord Bourne of Aberystwyth and Lord Randall of Uxbridge

Committee stage & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords
Thursday 29th October 2020 Lords Chamber

[Lord Bourne of Aberystwyth (Con) [V]]

My Lords, this amendment is also in the names of my noble friend Lord Randall of Uxbridge and the noble Lords, Lord Tope and Lord Whitty. I am delighted that Peers of such distinguished service and experience are able to support these amendments and I look forward to their contributions. I thank the Minister for his engagement and commitment on this issue. I know that he has given a briefing on this; I have apologised to him that I was unable to attend that briefing as I was engaged in a debate in Grand Committee at the time.

I welcome the Bill, and these amendments are intended to be proactive and to help prevent fires caused by electrical ignition. Similar amendments were tabled in the Commons by my honourable friend Sir David Amess.

I thank Electrical Safety First, a charity that is dedicated to electrical safety and which has helped in the presentation of this case.

These amendments are intended to build upon the Government’s new regulation for the private rented sector, the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020, which as the date suggests are obviously of a very recent vintage and which provide for mandatory checks every five years. I commend those regulations and believe that this legislation presents an opportunity to build on them.

As I said, this is an attempt to be proactive and to prevent fires happening in the first place. I accept that the Government are giving some consideration to this issue and I am grateful for that. My amendments are designed to ensure that electrical appliances are registered with the responsible person for high-rise domestic dwellings and to introduce mandatory checks for all residents, whatever the tenure of their home.

One anomaly of the present position is that some flats—those that are privately let—will have mandatory five-year checks. Some currently will not: the social tenants and the owner-occupied. I do not believe that that difference can be easily justified. It could be that one flat is having checks while the one next door is not.

According to Electrical Safety First, electrical faults cause more than 14,000 fires a year—almost half of all accidental house fires. There are around 4,000 tower blocks in the country, containing over 480,000 individual flats. Unless every unit in a high-rise building is subject to the same safety regime, the whole building is at risk from a fire emanating from one single flat, as we have seen.

New analysis of government data by Electrical Safety First reveals that nearly a quarter of accidental electric fires that occurred in high-rise buildings over the last five years in England were the result of faulty appliances and leads, as well as faulty fuel supplies, which can include electrical wiring in a property. These amendments would see a responsible person record the presence of white goods to minimise the risk that faulty goods can pose in densely populated buildings. Keeping a record of the appliances in use would also mean that faulty recalled appliances could be removed or repaired. Mandatory five-yearly electrical safety checks in tower blocks, regardless of tenure, are included in the amendment.

As I said, current regulations that we passed recently mean that privately rented flats are required to have these electrical safety checks but other tenures are not, which has in effect created a tenure lottery in buildings, which often include owner-occupied, privately rented and social housing properties.

These provisions for checking electrical safety would be undertaken by competent registered electricians. I am aware of the concerns and interest of the Fire Brigades Union and I welcome its engagement. I assure the union that there is no intention through these amendments that fire officers would undertake this work. They have other, very important jobs to do, which they are doing very well.

More worrying analysis shows that over the past three years, accidental electrical fires in high-rise buildings have risen consistently year on year. High-profile tower block fires have been previously linked to electrical sources, including the Lakanal House fire, where an electrical fault with a television caused a fire that claimed the lives of six people, and Shepherd’s Court, where a faulty tumble dryer led to extensive damage to an 18-storey building. While other factors certainly accelerated the Grenfell Tower fire, it must be highlighted that its primary immediate cause was of course an electrical source of ignition, subsequently confirmed by the Grenfell inquiry phase 1 documentation.

It is important to note that some fires are caused not by appliances themselves but by misuse of them. That is why, despite these amendments, education is certainly important, and why the Home Office in conjunction with Electrical Safety First runs a week of educational awareness-raising with the public through the Fire Kills campaign on the proper use of electricity and electrical appliances. I certainly welcome that, and it is a necessary thing to do, but it is not in itself sufficient.

Recent tragic events have demonstrated the fatal risk that electrical accidents and incidents pose to people in their homes, particularly in high-density housing such as tower blocks. The work of Electrical Safety First and others has helped ensure that tenants living in the private rented sector are now protected by mandatory five-yearly electrical safety checks in their properties. That law was recently brought into effect. Such measures are crucial in bringing down the number of electrical accidents and incidents, and saving lives. We believe that the time is right to include individual dwellings in tower blocks in this regime, regardless of their tenure.

I appreciate that this is a short Bill to amend the Regulatory Reform (Fire Safety) Order 2005, which focuses on non-domestic measures, to cover domestic homes. This means that homes within high-rise blocks are affected by the proposed legislation. This offers an excellent and straightforward opportunity to ensure that all who live in such buildings are brought under the same safety regime. Given this, the newly created role of a “responsible person” for any high-rise building should be given the task of compiling a register of every white good in the building. This ensures that when a recall occurs, anyone with an affected appliance can be quickly alerted and the safety risk resolved. Relying on consumers to register and respond to recalls in those buildings, when the potential risk is so high, must be considered wholly inadequate.

The Government can therefore improve the Bill through a number of measures that seek to improve electrical safety in homes. Amending the Bill provides an opportunity to make immediate differences to the safety of people who live in multi-occupied high-rise buildings. Electricity causes fires and the Government need to consider seriously the electrical sources of ignition. I am pleased that these amendments enjoy broad-based support. This is a time for all of us to come together to provide a safer environment for high-rise buildings by the introduction of mandatory safety checks. I hope that the Committee will support these amendments. I beg to move.

[Lord Randall of Uxbridge (Con) [V]]

My Lords, I will speak in favour of the amendment in the name of my noble friend, Lord Bourne of Aberystwyth, to which I have added my name, as have the noble Lords, Lord Tope and Lord Whitty. I should have also added my name to my noble friend’s Amendment 24, which I fully support.

As I mentioned at Second Reading, the issue of electrical appliances and their safety, especially as a potential cause of household fires, should be a major concern. We should do whatever we can to try to reduce those fires caused by electrical faults. The two amendments, introduced so eloquently by my noble friend, would be a valuable tool in trying to achieve that.

Hand in hand with measures for mandatory checks, we should also do what we can to educate the public on electrical safety. My noble friend mentioned that. I pay tribute to a scheme that used to run—I am not sure that it still does—in the London Borough of Hillingdon when I was the Member of Parliament for Uxbridge. Primary school children went into a series of locations or rooms, perhaps a kitchen or bathroom, to identify potential hazards and dangers. I remember saying at the time that the scheme should be not just for primary school children but for adults, too. Sometimes people are not aware of the problems that can be caused by all sorts of household appliances. We should all be aware that the labour-saving devices that we take for granted can also be potentially dangerous. We should therefore do whatever we can to try to eliminate the possibility of electrical fires because we know the devastation that they can cause.