Fire Safety (Protection of Tenants) Bill
Debate between Adam Afriyie and Robert Neill
Robert Neill
The situation is a little more complex than the hon. Gentleman puts it, although I acknowledge the sincerity with which he does so. Let me set out the difficulties. First, it is not only a question of regulation. When an obligation and a duty are imposed under any legislation, it is important to ensure that the obligation and the duty—especially if they are backed up by a criminal sanction, as is normal in these sorts of regulatory instances—are properly and practicably enforceable. For reasons that I shall explain, I have concerns about whether the measures in the Bill would be practicably enforceable.
Adam Afriyie (Windsor) (Con)
My hon. Friend is making a powerful case about his and the Government’s concern for fire safety. Is he worried about how much it might cost to implement these measures, as opposed to alternative measures that the Government might be considering?
Robert Neill
The cost to the sector of going entirely down the route of hard-wired alarms, which are probably the best systems—they can be disabled by a determined person, but are much less capable of being so disabled—would be very significant. Figures in the range of £540 million to £1.2 billion have been suggested, and “Fire Research News” has quoted some significant figures that I can make available to the House. I should therefore like to have further discussions about the appropriate and sensible way of taking this forward. There is a cost element, but there is also the element of practicality. If we are putting a burden on a sector, as inevitably we sometimes do, we must ensure that it will ultimately be enforceable in any event. That is one of my concerns, as I said to the hon. Member for Poplar and Limehouse.
The fact that we are committed to continuing the education campaign is important in this regard. Education about the use and maintenance of fire alarms is pretty key to ensuring that whatever system is installed is effective and useful. The Cabinet Office’s Efficiency and Reform Group has recognised that the Fire Kills media campaign delivers measurable public safety benefits. The Fire Kills campaign is therefore exempt from the freeze that was otherwise imposed on Government advertising campaigns and will continue in the coming year. It is an important and effective programme, which this year will focus very much on helping fire and rescue services, and their partners, to deliver key messages locally within their communities. It will again be a national campaign, supported and developed by the Department for Communities and Local Government. It will be underpinned by a radio advertising campaign, and we will be working with commercial and voluntary sector partners on new opportunities to get across the messages about smoke alarm maintenance. The radio advertising campaign will commence on 27 September and run each weekend until the end of March 2011. A key message will be to promote the importance of regular smoke alarm testing.
Adam Afriyie
My hon. Friend is setting out some sensible ideas on the way forward in terms of advertising and awareness campaigns. I am sure that everyone here empathises with those ideas and supports the expenditure. I am certain that he sympathises with the Bill, but does he acknowledge that it potentially embeds an older technology into legislation, which we are trying to get away from? Does he agree that legislating for a particular technology might not be wise when internet and wireless devices, and all sorts of similar things, are being developed?
Robert Neill
My hon. Friend makes an important point. I regard the Bill as being entirely well intentioned. However, apart from my concern about enforceability, I am worried that a piece of primary legislation that commits us to a particular technology may create a needless rigidity in the arrangements, because things change. As he says, there is already quite a bit of work coming through in the fire research community about the use of wireless devices. A good deal of work is also being done on dual sensor devices which combine a carbon monoxide alarm and a traditional smoke alarm. Ironically, the Bill could entrench one technology when a better one has come along. Certainly the hon. Member for Torbay never intended that, but it is another reason for taking steps, whether legislative or non-legislative, after significant discussion across the sector. I am more than happy to undertake to continue that discussion.
I have referred to our awareness campaigns, and it is important that I also mention the regulatory arrangements that are currently in place, particularly in relation to vulnerable properties. We must consider fire safety across the piece. The Regulatory Reform (Fire Safety) Order 2005 defined landlords as responsible persons, which imposes obligations on them to risk-assess fire safety in the common parts of a building, to take adequate precautions and to manage any remaining risk. Although the order applies only to the common parts of premises, in many residential premises the responsible person will in practice need to take account of fire safety measures in place in individual dwellings.
Robert Neill
With every respect, I think my hon. Friend is being a little disingenuous in assuming that the sole objection is finance, but it is a significant matter to take on board. I have also mentioned the practicality of enforcing his proposals. I am sure he will agree that where there is an existing regulation based on a particular type of technology, we should not necessarily repeal it until a new one comes along, but nor should we necessarily introduce new legislation based on a premise that has been overtaken by events. I very much hope that, whatever the outcome today, he and I will be able to have significant discussions with officials and others in the sector about how to get a regime that can cope with the changes in technology.
Fire and rescue authorities have a legal duty to enforce the provisions of the 2005 order in the common areas of residential accommodation. It is well known that sometimes fire can spread up through the common parts of a building, including in blocks of flats and houses in multiple occupation.
The Housing Act 2004 introduced the housing health and safety rating system, which is the principal tool for assessing fire safety risk and regulating standards in all types and tenures of residential accommodation, both individual dwellings and housing blocks. There is no regulatory requirement for landlords to install smoke alarms, other than in higher-risk HMOs, which are subject to statutory licensing. There are enforcement abilities in respect of those properties. That system has been accepted by all parties, and was introduced by the previous Government not as a blanket regulatory requirement but as a proportionate, risk-based approach. They were right to do that, and the current Government are minded to continue the same approach.
The HHSRS is about the whole property, not just one feature. It involves an assessment of the likelihood of a fire starting, the chance of its detection, the speed of its spread and the ease and means of escape. That last part is important, because although a working smoke alarm is usually valuable in alerting occupants to a fire, it must go hand in glove with an effective means of escape from a dwelling.
Adam Afriyie
There is a great virtue in the Bill, irrespective of whether it is tied to a particular technology or method of securing safety. As the former shadow Minister with responsibility for science and innovation, it is important to me that, before supporting any measure, we have not just anecdotal evidence, but clear, systematic studies to determine whether the cost per life saved, for example, would be better under the Bill or under existing methods. I urge the Minister to go back to his Department to look at ways of conducting research to determine the most cost-effective way that will save the maximum number of lives.
Robert Neill
My hon. Friend makes an entirely fair and interesting point. Of course, we cannot put a price on saving life, and I would not like to think that anyone thought we could do that. Inevitably with a private Member’s Bill, we do not have an impact assessment, as we might with a Government proposal. However, if he is saying that we should keep the door open to considering the most effective technology, he is right. As I made clear to the hon. Member for Torbay, however, price is not the sole consideration. I also want something that is genuinely enforceable and will genuinely work on the ground. That is why it is important to look at up-to-date technology and not inadvertently to create a lack of flexibility.