Building Regulations and Fire Safety: Government Response

Debate between Lord Young of Cookham and Baroness Donaghy

Thursday 17th May 2018 Lords Chamber

[Lord Young of Cookham]

I am grateful to the noble Baroness. On legislation, I can only repeat what I said: the Government place a high priority on public safety. I know that the Bill managers will take on board the points made by a number of noble Lords.

On consultation, it will not just be a review of the industry. The noble Baroness is quite right. It will involve the fire and rescue service, local authority building standards people, approved inspectors and others.

On the building regulations, we agree that the building regulations fire safety guidance needs clarification. Work actually began before the Grenfell fire last year. When the interim report was published, we promised to complete it. A clarified version of the guidance will be published for consultation in July. We want to ensure that there is no room for doubt about compliance of materials with the building regs. We will consult on Dame Judith’s recommendations, as I said, including the proposal that only non-combustible cladding can be used on high-rise buildings. Also in the report are proposals for much more stringent testing of materials, and other recommendations along those lines.

[Baroness Donaghy (Lab)]

My Lords, I refer to the joint competent authority that the Minister has already mentioned and the implication that that would require primary legislation. This recommendation is extremely important and will help to build the infrastructure around a new and higher-standard regime. Is there any chance at all that a shadow authority could be established that might make the whole thing a little speedier than primary legislation?

I have had the pleasure of working with Dame Judith. She refers in her report to the construction design and management regulations because she chaired the Health and Safety Commission. She reports that those regulations produced good outcomes. She is wedded to these approaches being repeated in relation to the safety and quality of complex buildings and to the safety of those who live in them. The Statement implies that there will be another set of consultations, perhaps by the end of July, a Statement before the Recess and another in the autumn. There will be legislation. Can the Minister elaborate a little on the Government’s thinking on precisely how quickly some of Dame Judith’s really urgent and effective recommendations could be implemented, short of primary legislation?

[Lord Young of Cookham]

I am grateful to the noble Baroness. Some of the recommendations can be done without legislation, and we should start on those now—changing the culture within the industry, for example. The joint competent authority proposed by Dame Judith is quite a radical proposal. The powers are set out in more detail on page 23. We agree that we need an improved regulatory system with sharp teeth. It would make sense to bring together the three disparate bodies—the HSE, the fire and rescue service and local authority building standards—together in one overarching body with these teeth. The new body would process the applications for high-rise buildings. We need to consult on that model, as I said. We have a lot of support for her vision of an improved regulatory system. We want to consult and then set out our plans for implementation in the autumn. I note with interest the suggestion of the noble Baroness that if we go down the JCA route a shadow body should be set up to take over responsibility; she asks whether that could be done without legislation. We want to make progress and we recognise the need for reform and the need for some overarching body to make sure that we do not make the same mistakes again.