Grenfell Tower Inquiry Phase 2 Report

Lord Newby Excerpts

Monday 9th September 2024 Lords Chamber

[Lord True (Con)]

My Lords, I thank the noble Baroness the Leader of the House for repeating this important Statement. Like her, our thoughts and prayers are with the victims and survivors, their friends and families and all the lives that have been irreversibly affected by this terrible tragedy. We will never forget the 72 people who lost their lives that night and, as the report makes clear, need never have lost them.

The publication of the Grenfell Tower Inquiry: Phase 2 Report is a damning indictment of over 30 years of successive state failures—the failure to appreciate, to understand and to act—and we must all take our share of responsibility for that. In this comprehensive report Sir Martin, whose appointment was not universally acclaimed, and his team should be commended. It raises many points that I am confident that all parties and both Houses will agree on. This will be a difficult time for the Grenfell community and a difficult report to process and come to terms with. Will the Government ensure that those affected will get all the support that they need at this time?

When this party was in government, we put an extensive remediation regime in place, financed by central government funding and developer contributions. That work to remediate and identify at-risk buildings must continue in order to prevent another tragedy, and I welcome that assurance. A £600 million fund was put in place to replace unsafe aluminium composite material—the cladding type used on Grenfell Tower. A further £5.1 billion followed through the building safety fund and the cladding safety scheme to pay for remediation beyond ACM cladding.

I am delighted to hear that the new Government will continue supporting leaseholders and tenants to get their buildings fixed as quickly and as safely as possible, and indeed intensify those efforts. Can the noble Baroness the Leader tell the House what the Government’s targets are for remediation work being completed?

Legislation in the last Parliament, as the noble Baroness acknowledged, reformed our fire safety and building regulation regimes through the Fire Safety Act and the Building Safety Act, and created a new building safety regulator and a new building safety regime. There was also change to statutory guidance in Approved Document B to ban combustible construction materials and reduce the threshold for sprinklers in new blocks of flats. It also introduced requirements for evacuation alert systems and secure information boxes.

I agree with the noble Baroness the Leader of the House that further measures will be needed on top of these to ensure that the regimes remain fit for purpose. The inquiry has recommended regular updating of Approved Document B, the appointment of a chief construction adviser, a single regulator and a single responsible Secretary of State. I can assure the noble Baroness that we will work with the Government to support the delivery of any proportionate and necessary measures that follow the report.

Will the Government actually commit, as the report asks, to embedding regular reviews of Approved Document B so that it keeps up with developments in building technology? If the Government agree with the recommendation to appoint a chief construction adviser, can the Leader tell the House when they hope to commence seeking to appoint someone to this position? Will the Government consider, as was proposed to be necessary, machinery of government changes to ensure that there is one lead department responsible for such issues, going forward?

We must confront the failure of oversight by those responsible for ensuring the independence and rigour of testing and compliance. Sir Martin described, as the noble Baroness said, the Building Research Establishment’s work with suppliers as “systematically dishonest behaviour”. No one would wish to jeopardise criminal inquiries—I agree with the noble Baroness—but it would be a euphemism to describe some of the behaviour described in this report as shocking and shameful.

I welcome the Prime Minister’s forthright commitment to continue to support the Metropolitan Police and the CPS in continuing to pursue criminal charges against a small number of developers and contractors who, knowingly and dishonestly, cut corners on building safety for financial gain. We stand foursquare with the Government on that, and I hope that the noble Baroness will understand that we on this side strongly agree that disgraced firms should not benefit from future public procurement.

We all have lessons to learn from this inquiry: that includes the local council and, as the noble Baroness said, the tenant management organisation. The Social Housing (Regulation) Act 2023 was introduced to improve the quality of social housing accommodation, ensure better training and the professionalisation of senior social housing staff, and redress the balance between social landlord and tenant. I am pleased that the report acknowledged the difference that this Act will make for social housing tenants. As a Government, we listened to the Grenfell community throughout the passage of that Bill; noble Lords on all sides of this House played a valuable part in improving and delivering it, and I would like to thank them. When will the Government bring forward secondary legislation to implement the measures included in the Act?

At the time of the fire, my noble friend Lady May of Maidenhead apologised for local and national failures in response to it. I reiterate her apology and repeat my own profound sympathy and apologies to all those affected by the Grenfell fire tragedy. The word “community” is much used—perhaps overused—in some aspects of modern politics. The brave people of Grenfell, in all their diversity, by their courage and support for each other, by their determination to fight for what was right for their fellows and for others in the future, and never to accept a wrong, taught us what a true community is. We honour them. We will never forget all those who died and those whose lives were so brutally changed. We, and the whole House, will stand behind the Government in ensuring that justice is done and that such a horror must never happen again.

[Lord Newby (LD)]

My Lords, the central conclusion of this long-awaited report is blunt and devastating. Sir Martin finds that building safety has failed for decades in central government, local government and the construction industry. He says that every single death was avoidable. From these Benches, we say a heartfelt sorry to the victims, their families and their friends.

One of the most shocking threads running through the report is that there has been no sense of responsibility and a lack of questioning inside various government departments, including by Ministers. The report says that the machinery of government and its agencies failed the victims, especially as a result of a lack of interdepartmental working. Fragmentation and a lack of curiosity resulted in inaction, delay and obfuscation, and this cost lives. This criticism also came up in the Infected Blood Inquiry, the Hillsborough report, and the Post Office Horizon report. That is why, from these Benches, we have long advocated for a duty of candour, and we are pleased that the Government have committed to introducing it. Can the Minister say when this legislation will appear?

In the meantime, what changes have been made to ensure that civil servants and public agencies ensure that Ministers are always told the truth, however uncomfortable it may be? Specifically on building safety, can the Minister say what steps the Government are taking to ensure that everyone across government knows who is in charge, and how the current culture can be changed to ensure that no more tragedies like Grenfell can happen again?

The failures of the construction sector—whether regulators, manufacturing companies, builders, maintenance or management agents—are also shocking. The 2018 Hackitt report, with 50 reforms for the sector, was accepted by both Sir Martin and the last Government, in 2019. The key was to strengthen the golden thread of safety running throughout the sector, from manufacturing to regulation and training. When will there be an update to Parliament on the implementations of the Hackitt recommendations? In particular, can the Minister say when she expects the Government to appoint a cladding safety tsar, as proposed by Dame Judith?

At the heart of this report is the evidence of the poor treatment of individuals, especially those already marginalised in our society. Sir Martin speaks of

“a marked lack of respect for human decency and dignity”,

with

“those immediately affected feeling abandoned by authority and utterly helpless”.

These words could also be written about the other inquiry reports, such as those on Windrush and infected blood. This widespread lack of respect challenges all involved in public policy management, whether Ministers, politicians or officials, to change our attitudes. Central government must take a lead in bringing about this change, which requires a fundamental change in mindset. This will take time and commitment, but it is crucially important.

In this case, the tenant management organisation failed badly. Never again should social housing tenants be regarded as not worthy of safe housing. Never again should the vulnerable, especially the elderly and disabled, be regarded as not worthy of safety systems to get them out of burning buildings. In the light of the Dagenham fire two weeks ago, where there were locked exits and problems with the fire alarms, what are the Government doing to ensure that all blocks of flats, regardless of height, have working fire systems without delay?

Seven years on from the Grenfell fire, the delays in the removal of combustible cladding are now a national disgrace. As the noble Lord pointed out, the previous Government committed funds and said that they wanted to knock together the heads of the building firms and freeholders. But clearly more still needs to happen, and urgently. So what will this Government do to speed up the process of making safe the hundreds of blocks that still have inadequate cladding?

It is vital that the police and the CPS move at pace to review the report and investigate the individuals and organisations that Sir Martin says deliberately breached the law. Given the pressures on the police and the CPS, will the Government ensure that there are no further delays because they lack the resources to do the work? Justice further delayed is justice denied, and there have been enough delays already.

The Government have pledged to act on more than 50 recommendations in the report. Despite their initial commitments to move on them all, there is a danger that momentum may not be maintained, as we have seen with the recommendations of the Hackitt report. So can the Leader of the House commit to a full debate in your Lordships’ House in the near future, and then a regular report back to Parliament, so that everybody can feel safe in their homes and those who behaved so appallingly in this case can be held to account?

[Baroness Smith of Basildon (Lab)]

My Lords, I thank both noble Lords for their comments. I think the House is united, first, in an apology and, secondly, in determination and a sense of anger. As I read the inquiry report and felt that disappointment and sadness about it, the further I read, the angrier I got. It is quite hard to sustain anger, but by the end I was more than just bristling with anger, and I think anybody who read it felt exactly the same. So I am grateful for all the comments.

I will take the last point first. Yes, we commit to a debate in the House. This addresses points made by both noble Lords. The Prime Minister has committed to an update, within six months, on where we have got to, but there are things that can be done sooner and, where they can, they will be implemented sooner, with an annual update to the House. So there will be a regular update, and there will be an early debate, although I will not attempt to identify when; I leave that to the Chief Whip, who will come back.

The noble Lord will know that the height of buildings referred to in the report is currently 18 metres, but we have to see whether that is the appropriate level.

On when secondary legislation will come forward, it is being drafted now and there will be measures in the renters reform Bill to bring that forward. The police and the CPS will have the resources they need to do this job. Justice has been denied for far too long, and this should move on apace. Anyone who read the interviews with police officers involved in the investigations would have sensed their determination and commitment. Anybody who has spoken to the families or anyone affected will be nothing but moved and determined to support and help them. I went to one of the hearings in Church House. There is always a sense of guilt: when you hear something and are deeply moved by it, you realise what it must have been like to be there at the time, even though all you are doing is hearing it and being deeply moved at that point. So there is an absolute determination that resources will not prevent proper investigations and prosecutions.

The duty of candour will come forward. The noble Lord, Lord Newby, is right to raise this: there does seem to be a theme of people being ignored or not taken seriously. Many years ago, when I was a Minister in Northern Ireland, there was a report into the deaths of children in hospitals there. The first recommendation for the Northern Ireland Government was that there should be a duty of candour—in other words, for public servants to tell the truth. That also protects junior members of staff, who may feel under pressure from more senior members not to say exactly what they know. Bringing that forward, I was pleased to see that in our manifesto.

On the management of buildings and how we manage public policy, it is worrying to read the report and see how many opportunities there were to prevent this happening. Information was withheld, including information on the testing of combustible materials. The culture change on this starts from the top. Ministers have to be told uncomfortable facts and create a climate in their departments whereby, if they are brought information that is not what they want to hear, that is difficult and uncomfortable, when action has to be taken by government and may be expensive, that information will be brought to them and members of their departments will be encouraged to do so.

On the removal of cladding, we are accelerating that process. It is a tragedy that in Dagenham that work was ongoing and had not been completed, which also caused a problem. There is the scale of the challenge—4,630 residential buildings over 11 metres have been identified as having unsafe cladding—yet, so far, all these years on, only 50% have either started or completed that remediation work. That has to continue apace, and we must do so as quickly as possible. There is now a route to do so, and access to government funding, as well as a way of identifying whether any buildings have been missed there.