Fire Safety Bill

Andy Slaughter Excerpts

2nd reading & 2nd reading: House of Commons
Wednesday 29th April 2020 Commons Chamber

[Andy Slaughter (Hammersmith) (Lab) [V]]

It is a pity that this small Bill is all we have by way of primary legislation almost three years after the horror of Grenfell Tower. There is nothing to object to here, because there is little to see. There is nothing to implement the recommendations of phase 1 of the Grenfell inquiry, which is delegated entirely to secondary legislation. It is good that the reach of the fire safety order has been extended and clarified. The fire risks of exterior walls, windows, balconies and front doors have all been implicated in the Grenfell fire and other major residential fires of recent years.

We await the companion building safety Bill. It would have been helpful to have the Bills side by side to ensure consistency and to ensure that all angles are covered. This Bill covers any building containing two or more domestic premises. The building safety Bill will cover a more restricted range of buildings over a certain height. I find that dislocation unhelpful. For example, talking recently to a developer who is seeking planning permission for a 20-storey block of flats in my constituency, I pointed out that, like Grenfell Tower, it had a single staircase which, should there be a need for evacuation, would be used both by escaping residents and by incoming rescuers. That led to a discussion about whether evacuation in case of fire was likely in future, as opposed to a “stay put” policy; about the need for alarm and sprinkler systems and clear instructions for evacuating; and about the use of only non-flammable and fire-resistant materials for construction. The bottom line was that putting a second staircase in would reduce the number of flats and, he alleged, the viability of the project.

My point is that we should not be trading cladding for fire doors, sprinklers for alarms, or means of escape for evacuation procedures. We should do everything necessary to prevent any further loss of life and destruction of property, especially in high-rise buildings. To make that assessment we need to have all the facts and all the proposals in front of us, not the piecemeal and provisional approach evidenced by the Bill. We are so far from a comprehensive response to Grenfell that I fear we will have more tragedies before we learn the lessons. Getting the Government to act on unsafe cladding, to take one example, is a tortuous process. First, they concentrated on aluminium composite material, which was the type of cladding used at Grenfell. Then it was pointed out that high pressure laminate, the culprit at Lakanal House, was just as dangerous. Other materials, such as timber, are being investigated, but the basis for selection and the testing regimes do not command confidence.

Last week, I asked the Housing Minister whether the Government’s building safety fund would apply to all combustible cladding and insulation, and combinations of combustible and non-combustible materials. Earlier this afternoon, he replied that the criteria for the fund will be published next month—I hope that they do not disappoint. Certain buildings are vulnerable in a fire by virtue not just of their height or construction, but of their use: schools, hospitals, hotels and care homes. When are those to be brought within the same restrictions that apply to high-rise residential blocks, and who is going to bear the additional costs of inspection and enforcement consequent on this Bill?

These are not academic matters; they are questions of life and death, asked daily by my constituents. In September 2016, a very serious fire occurred in a 19-storey block, Shepherd’s Court, in my constituency. The cause was a known fault in a tumble dryer which had not been repaired or recalled. Why are high-rise blocks not subject to inventories of electrical products that are a major cause of domestic fires and why are they not checked periodically, as Electrical Safety First recommends? Grenfell is a mile from Shepherd’s Court. The friends, neighbours and relatives of Grenfell residents, those who died and those who survived, are my constituents. Other residents in Shepherd’s Bush found after Grenfell that their newly built homes had ACM cladding—it is now thankfully removed—and thousands of my constituents who live in tall buildings still have concerns over the safety of their homes.

I pay tribute to those who are working hard to resolve these issues, but the Government’s response is just not good enough. This Bill looks like a bookmark, marking the place in a narrative they will return to when they have more time. But the time for action on fire safety is now—in fact, it is long overdue.

Fire Safety Bill (First sitting)

Andy Slaughter Excerpts

Committee stage & Committee Debate: 1st sitting: House of Commons
Thursday 25th June 2020 Public Bill Committees

[Daisy Cooper (St Albans) (LD)]

Q I have two interlinked issues. One is about the number of assessors needed; we have received some evidence that suggests there are around 400 third-party registered fire risk assessors and potentially around 400 APQC independent assessors, but there is nobody putting a number on the assessors that might be needed.

The first question is whether you have any estimates, because we know roughly where we are at the moment and where we need to get to. I was pleased to hear you say that you would welcome a register of assessors, but the interlinked issue is how we train those people. We have had differing evidence. Some suggests there should be a fast-track training, or different levels of assessment, and other evidence suggests that we should not have fast-track training because it can lead to problems. I would welcome your views on both questions: how many people do we need overall, and does there need to be comprehensive training for everybody, or would you take a differentiated view?

Dan Daly: I do not think I can give you a number on how many we need overall, because there is a bit of work to be done before that. This speaks back to the risk-based approach. If we look at the work we are doing with the building safety regulator and the ideas going forward about the level of competency to interact with buildings of different complexity and risk, we could apply a similar staged approach to how we look at the buildings to which the legislation needs to be applied. Picking up those most at risk will allow time for training to come through, and development of people to support the wider piece of work, while ensuring that the effort is focused on the buildings that we would see as highest risk.

There is further work that we need to do as a service overall on understanding what risk looks like. We have a historical risk matrix that informs the regularity with which we inspect buildings; that was based on good evidence at the time, but we have a richer understanding of risk now. We understand vulnerabilities, behaviours and lifestyles that have an equal impact on the likelihood of fire, and therefore the settings that those people may be living in. It helps us understand risk in a totally different way—understanding that this is not just our opportunity to fix high-rise living but is about the wider built environment. It is an opportunity to understand risk in a much more holistic way and ensure we are applying more rigorous inspections to those higher-risk premises, and an appropriate level of inspection to those lower down the risk register, so to speak.

[Andy Slaughter (Hammersmith) (Lab)]

Q I had a couple of questions, mainly for Mr Daly. Could I just clarify something from your opening statement? Is it your view that this Bill does not add in new types of premises or new responsibilities but is simply clarifying what should already be happening?

Dan Daly: That is certainly my understanding.

[Andy Slaughter]

Q Therefore, do you think the attempt in clause 1 to specifically include building structure, external walls and common parts goes far enough? We will be debating amendments this afternoon, some of which have been supported by the fire brigade, which obviously you have had a distinguished career with. One is to say that when defining “common parts”, it would be better to include all parts of a building except private dwellings. Do you think that would be a helpful amendment?

Dan Daly: Absolutely. The concerns we have and the clarifications we are seeking are shared in the submission from the National Fire Chiefs Council. There is no intent to apply this legislation inadvertently to buildings inappropriately, but we should be very clear that parts that are used in common between properties would be subject to the order. I do not think that creeps any further forward what buildings are in scope, but it makes very clear those areas to which it does apply.

[Andy Slaughter]

Q So if we are engaged in a clarification exercise, it would be better that we do so properly. Because there are different definitions of what “common parts” means, we should ensure that they are defined as every part of a building that is not within the individual tenant or leaseholder’s domain.

Dan Daly: Yes, absolutely. As I say, we are working very well with colleagues on those clarifications and on commitments to getting those definitions in. Our reason for repeating to you our concerns about those clarifications and commitments is not to suggest that work is not going forward; it is partly to place it on record that we think those issues are hugely important to the success of this Bill and its application.

[Andy Slaughter]

Q It has been said that the purpose of this Bill is specifically directed against those parts of the structure that are liable to be dangerous, obviously with a view towards cladding. That itself covers a multitude of sins: different types of cladding, compositing—that is, a mixture of materials—the way in which the cladding is applied, and indeed the way it is modified: whether there are breaches and offences in that way. Do you agree that that is the purpose, and do you think that the Bill will enable that to happen?

Dan Daly: Yes. This issue, particularly if we talk about external wall systems—which encompasses insulation and fixing everything, as you have suggested—has been debated for some time. In August 2016, I attended an incident in your constituency that you will be very familiar with. I was in my old role with the London Fire Brigade at the time, and we sent a letter to registered landlords to advise them to look at what was on the outside of their buildings. We debated for some time whether that letter could go further and suggest enforcement action, but it eventually became an advice note because we were unable to bottom out clearly what that legal advice should be. I think the clarifications we are seeking will make it much clearer that external wall systems are covered.

[Andy Slaughter]

Q So you think enforcement will follow from this, and responsibilities will lie squarely with the owner or manager of the building.

Dan Daly: Absolutely. It is for the property owner.

[Gareth Bacon (Orpington) (Con)]

Q Central to the Bill is the issue of the responsible person, but since the 2005 fire safety order was introduced, the identity of the responsible person has become more complex than at first sight it perhaps should be. It could be the owner of a building, a tenant management organisation, or an individual. I know from my previous involvement with the London Fire Brigade that that can actually be quite a problem for any fire and rescue service. Do you think there are ways in which that could be clarified—if not now, perhaps in secondary legislation or in the Bill that is likely to come through from the Ministry of Housing, Communities and Local Government later? Would it be helpful for that to be clarified?

A secondary question relates to the skills, qualification and training of responsible people—this is very like Ms Cooper’s question from earlier—and how they can carry out fire risk assessments. Do you think that there is sufficient detail at present to satisfy the requirements?

Dan Daly: In terms of the training, there is work to do. The industry will point to some difficulties with capacity and volume. That is why I would urge a risk-based approach, and that we manage that here and now. The clarification of where responsibilities lie and what those responsibilities are is hugely important in this legislation to aid some of that training, so that it is very clear what the requirements are on individuals and on the competent persons who will be providing advice. Again, it is hugely important that this speaks to those people.

Our experience in enforcement terms is that there are those who seek to comply; there are those who seek to comply, but who fail to understand what is required of them; and then there are those who actively seek to dodge the legislation and work their way around it. What we want to do is close the loopholes for that secondary group, and to make it absolutely clear for the others who are doing their best to understand that the guidance and legislation support their understanding of their duties.

--- Later in debate ---

[The Chair]

Can you see us all right, Mr Davis? Are you watching this?

Dennis Davis: Yes, I am watching.

[Andy Slaughter]

Q I think there is quite a lot of support for this Bill. The issue is whether what it is trying to achieve is clear enough and how it will be enforced. It is already clear that, where landlords are trying to do remedial work, that is highly problematic, first because it is confusing what types of building it applies to—what sort of height and what sort of materials—and secondly because there is prioritisation.

For example, a building that is mainly brick but has some detailing made from aluminium composite material or high-pressure laminate will have a much lower priority than one that has complete cladding. Also, there just are not the people there to carry out the enforcement. For example, a social landlord—and social landlords are much better than private landlords, in my experience—that is not L&Q is telling occupants of a particular building in my constituency that it might take four years for this to be done. That is problematic in itself, and it has the additional problem that the EWS1 form and the process to be gone through effectively stops any sale or movement during that time. Are you aware of those problems, and how can you see them being resolved?

James Carpenter: L&Q currently has 191 buildings that are over 18 metres, and we estimate at the moment that those buildings will cost in excess of £450 million to resolve, which may take up to 10 years. The G15, as a wider group of housing providers in London, has over 1,100 buildings, and the estimated cost could be as high as £6.8 billion for those buildings. I appreciate that there are extreme challenges with buildings.

On the point about sales, I think it is really important that the insurance industry, which seemed to be holding up the EWS1 forms being completed, works with mortgage lenders to try to open the market again, to allow at least one of those problems to be resolved. If the building insurance covered the cladding, would mortgage lenders be happier to lend, on the basis that their money is not at risk, because it is covered by the wider building insurance?

The situation of leaseholder and mortgage prisoners, as they have been referred to in the press, is extremely unfortunate, and I do not think that that is right at all. People should be able to buy and sell their homes regardless of whether the walls have a different material on them. It is right that we all work towards the end goal of making sure all those buildings are safe. We can look at the numbers for how much money it will cost to resolve some of these buildings, but we must deal with it by risk. It has to be about safety risk, where we have concerns with lower-rise buildings that might be able to move if we can solve the cladding issue by just issuing a certificate. We need to keep focusing on safety risk. We have to continue working with and lobbying mortgage lenders, with the Government, to make sure those measures do not hold up the lending process and stop people moving.

Dennis Davis: As a first answer, we are very much aware of these issues, and I think that comes out in our evidence. The clarity that we are seeking is around definitions, for some of the reasons that have been touched on. External walls are a team event, as I have made clear. Therefore, it is about scaling part of this process—how many people are available to undertake the sort of area of cover that we are dealing with. The impact assessment suggests that it is a very large number of properties, rather than just the over 18 metres.

On the example of over 18 metres, where the Government has funded the schemes of remediation, you can see how progress can be made. Equally, even with funds, dedication and teams, it is a relatively slow process. We are three years on and the National Audit Office is saying we are getting there. The issue is how we manage it. As Mr Carpenter said, it is about managing the process through prioritisation of the risk. We are working with the Government, hopefully through a new task-and-finish group, to try to move that forward in a positive way.

There has to be due diligence from the responsible person to make sure this is happening, but it is worth remembering that a lot of these people are in relatively low-risk low-rise buildings, which are now within the scope. We need a process to manage that that is very open and transparent, so that tenants know they are safe. We can work on that together.

The EWS1 form has created its own problem. It was intended originally for high rises, but it is now being used to free up the whole mortgage market. The problem that we see with that is that you get unqualified assessors signing off forms just so that the market can move. Risk assessors have found it difficult to get indemnity cover. We have spoken to the insurance world about that as a trade body—our people have contacted them—and the people who want that level of insurance can get it. You are dealing with a broad spectrum of risk, and we need to get the elephant down to bitesize chunks.

[Andy Slaughter]

Q I am persuaded that you understand what the problem is, but who will solve it, given that there are so many interests involved? It is unacceptable to expect people to wait 10 years before they can sell their flat, apart from anything else. Who will resolve it? Will it be a joint industry initiative? Does it need Government intervention? Who are you looking at to do this? You have explained the problem, which we are all familiar with, but I do not see the solution there.

[The Chair]

Mr Davis, do you have a solution for us?

Dennis Davis: I think the solution, Chairman, is shared work between those responsible for the buildings; the owners, like L&Q; those who are actually applying the skills, techniques and competences; the enforcers; and the Government. As I understand it, the initiative that is being created by the Home Office to try to work this process through will do that. Where and when the result of that will be seen, and how much and who pays—I am afraid I cannot answer that.

--- Later in debate ---

[Daisy Cooper]

Q Mr Wrack, in your written evidence, you say that

“the impact assessment ‘does not include any additional enforcement costs’”,

and you suggest that fire inspectors would need to spend

“a great deal of time and effort”

to focus on getting cases through the courts and so on. I suspect this question might be like, “How long is a piece of string?”, but in the absence of an impact assessment, can you give an estimate of your own assessment of what those additional enforcement costs might be?

Matt Wrack: I am afraid I am not able to give that. I do think that, on the question of enforcement, there have been cases of ministerial pressure to reduce the enforcement role of the fire and rescue service, which is something that Ministers need to think carefully about. Fire services have been criticised subsequently for being slow to act on their enforcement role.

The whole question of fire services’ enforcement role ties in with the more general points I have made, in that they need adequate specialist fire safety teams, and that is possibly the area, or certainly one of the areas, where we have seen the largest reductions in staffing levels, with all the knock-on concerns about training and refresher training. I am not able to answer that question directly, but I think it is very much a resource question.

[Andy Slaughter]

Q Good afternoon to you both. We have heard that this Bill is a clarifying Bill rather than one that introduces new powers. Do you agree that that is its purpose, and do you think it achieves that?

The specific point that I would like you both to address is that it appears, as there is a specific mention of “external walls” in clause 1, that the Bill is directed at what we have already seen coming out of the Grenfell inquiry in relation to external cladding and cladding systems. But lots more issues have emerged from that, such as the way that buildings are constructed or modified, means of escape, alarm systems and the processes for evacuation in that way. Do you think that they are also adequately covered in the Bill or do we need other legislation? Do you think we have the means to carry out all those matters?

Adrian Dobson: There is quite a range of questions there. Essentially, in my view, the Bill is just clarifying and pointing to some key facts, as it is not fundamentally changing the nature of the approach. I could not agree more that, although it is useful to highlight the issue of external wall construction and cladding, there are lots of other known issues in relation to fire safety. For example, the Scottish schools report talks a lot about fire compartmentation and lack of proper fire barriers. You have pointed out the issue around means of escape and evacuation strategies. To return to my earlier point, I see this as only part of the jigsaw. What we desperately need is clarification of the building regulations themselves and a stronger enforcement or competency regime around that, so that the two work together.

Matt Wrack: I see the Bill as a clarifying Bill, as has been suggested. On that level, we welcome it, with some of the amendments in particular. You highlight an important point—much of the national focus is on cladding.

There is clearly a national scandal about flammable cladding being put on to buildings, but we are aware from Grenfell and other fires that there are many other failings in fire safety in buildings, particularly with the risk of the breakdown of compartmentation. Cladding is clearly one mechanism by which that happened at Grenfell, but issues around other materials used in renovations and modifications of buildings are also relevant. If people have fire resistant walls and drill holes through them, that will clearly alter the fire resistance of the compartment. All those things need to be built into a proper fire safety regime.

I do not think the Bill addresses the question of evacuation. That is obviously a huge concern to people living in high-rise residential buildings; it is also a huge concern to firefighters, who have been trained for decades in ways to fight fires in high-rise residential buildings that are based on the construction and design of those buildings. Over the past 20 years or so, those buildings have been modified in a way that was never intended, which has altered the whole structure and fire behaviour in those buildings.

In our view, there is no simple answer to the question of evacuation. Again, we raised the question of a review of evacuation at the close of stage 1 of the Grenfell Tower inquiry. We now have Government bodies looking at reviewing the evacuation policy and saying that it might take two or three years. Firefighters were apparently supposed to decide on new strategies on the night, even though the people reviewing the policy have told us that it will take them two years or more to reach such a conclusion.

I come back to my point about a joined-up approach. We should have bodies in the British fire service that take account of the views of all professionals, take account of research and develop answers to these questions as we go along. We should be horizon-scanning. There had been fires in clad buildings elsewhere in the world. It is staggering that no one in leadership positions in the British fire service or at Government level was monitoring those and seeing what should happen to alter policy in Britain.

[Andy Slaughter]

Q I think we understand from what you have said that there is a lot to do, and that there are limited resources at the moment. Where work has been going on, do you think the best practice is being followed? Is that being done in both the maintenance and the construction of buildings? We had a story in the press last week about Berkeley Homes rowing back on whether all types of cladding, including ACM cladding, should be removed from buildings. Do you think this is being taken seriously? When buildings are being given planning permission, being constructed or being modified, are best practice and best standards being adhered to?

Adrian Dobson: I think I would answer broadly yes, in those aspects that have now effectively been covered by prescriptive regulations. In relation to combustible external wall materials on high-rise residential buildings, we have at the moment a fairly prescriptive piece of legislation that makes best practice pretty clear. As you say, however, there is a certain element of lobbying to say that we need a more flexible approach, so you can already see attempts to row back on that. In terms of what has actually been regulated, fairly good practice is in place. We know there is quite a lot of good retrofitting work happening on buildings above 18 metres, even if it is very slow, but we do not really have much idea in terms of combustible materials below 18 metres.

Matt Wrack: I would like to comment on the lobbying that was mentioned by a building developer recently and in some earlier comments in your session. One of the voices we are keen to hear are those of tenants. The lesson of Grenfell is that the voices of tenants were ignored. The voices of tenants are often ignored in relation to building and modifications to the places where they live. The vast majority of tenants are respectable, sensible people and their views should be heard. They were not heard at Grenfell. I think they, us and firefighters would have greater respect for a risk-based approach if we could have the confidence in such a risk-based approach. Unfortunately, experience shows that risk-based approaches are often driven by commercial and financial interests, and that is why people have scepticism about them.

[Sarah Jones]

Q Mr Wrack, could you just give us your view on the current system of fire risk assessors and how that needs to be changed? Labour and the Liberal Democrats have tabled amendments on having a more qualified regime. It would be good to hear your thoughts on that. Mr Dobson, it would be helpful to get your sense, which we have sort of touched on, of the issue that there is so much to be done: the point about just the G15 having to spend £6.8 billion and the time all that will take. How do we prioritise? How do we fund that? What does that process look like going forward?

Matt Wrack: We oppose a deregulated system of fire risk assessors. Sadly, much of the work we end up doing arises out of tragedies. One of our experiences in that regard relates to the death of one of our own members. It emerged that the fire risk assessor in the case concerned had few or no qualifications in that field and had simply set up in business as a fire risk assessor. That highlighted to us a disgraceful state of affairs, so we would support the better regulation of fire risk assessors. However, the best protection we have, in terms of the delivery of advice to occupiers and building owners, and the best mechanism for inspection and enforcement, is a well-resourced and highly skilled workforce in a publicly accountable fire and rescue service.

Adrian Dobson: Clearly, on the specific issue of cladding and insulation, retrofitting is possible. The very reason those materials were used for cladding is because they are lightweight and external—they do not form part of the structure of the building—so the practicality of making buildings safer is definitely there. We have seen some, albeit slow, progress.

As I think one of the witnesses in your earlier session said, the cost can be very significant indeed. While steady progress is being made in the social sector, I think your Committee has today discussed some of the issues when it comes to private leaseholders in privately owned blocks and the ultimate issue of where the funding will come from. That, of course, is what set off secondary problems within the insurance and mortgage markets. One of the problems we face is professional indemnity insurance. Although the cladding can be identified through testing and so on, it tends to require intrusive testing. It requires specialists to look at it and that requires insurance for them, so there is a potential blockage.

The bigger concern is that following the fires we had in Barking and Bolton, attention has naturally turned to whether these sorts of materials pose a very significant risk on lower-rise buildings. There has been discussion about what height threshold might apply. Some people have suggested 11 metres—indeed, 11 metres is the height chosen by the Government for sprinklers—but one of the problems there is that you have got a whole different order of magnitude, potentially, of properties that could be affected. That may also be a factor that is driving some of the movement in the insurance sector, because there is probably a realisation that this is potentially a much larger problem than was first thought.

Fire Safety Bill (Second sitting)

Andy Slaughter Excerpts

Committee stage & Committee Debate: 2nd sitting: House of Commons
Thursday 25th June 2020 Public Bill Committees

[The Chair]

We now begin line-by-line consideration of the Bill. Members will understand the need to respect social distancing guidance. I will intervene if necessary to remind everyone, but at the moment it is okay. Members may remove jackets during our proceedings. Tea and coffee are not permitted during our sittings, and Members must ensure that mobile phones are turned off or switched to silent mode.

The selection list for today’s sitting, which is available in the room, shows how the amendments selected for debate have been grouped. Please note that decisions on amendments take place not in the order that they are debated, but in the order in which they appear on the amendment paper. Hansard reporters would be most grateful if Members could email electronic copies of their speaking notes to [e-mail].

[Andy Slaughter (Hammersmith) (Lab)]

On a point of order, Sir Gary. I apologise for rising so early. I do not want to start on a contentious or sour note in what I am sure will be a consensual Committee, but there was some consternation about the way in which the Committee was timetabled. I make no criticism of the necessary rigours enforced on us by social distancing; the staff have done an excellent job in that respect.

The issue of fire safety in tall buildings, particularly in west London, is very important. It is one of the very few issues that keep me awake at night. We are dealing with the whole the Bill, which, as the evidence session this morning showed, ramifies in many ways, in one day. We had the evidence session this morning, and we are dealing with line-by-line consideration of the whole Bill, albeit a short Bill, this afternoon. The evidence was excellent; it would have been good to have time to digest it and perhaps propose amendments on the basis of it. We now have three hours for debate—I will be brief so as not to eat into that time—and we also have a Committee that is smaller than was originally envisaged. That is partly to do with the constraints of the room and social distancing, but it is an unhelpful precedent.

I do not know whether it is a matter for the Chair or for the Government to take away, but I wanted to put on record my concerns. The matter before us needs to be explored in depth; it has huge complexities and different streams, even within the limits of the Bill, which is one of several. I hope that the authorities and the Government will take away the message that scrutiny should not in any way be constrained.

[The Chair]

I am grateful to the hon. Gentleman. I have taken notice of his point of order. The programming motion has already been agreed, so we cannot change it, but he has made some powerful points and they are now firmly on the record. We will now start line-by-line scrutiny.

Clause 1

Power to change premises to which the Fire Safety Order applies

[Andy Slaughter]

I beg to move amendment 1, in clause 1, page 1, line 6, leave out lines 7 to 14 and insert—

“(1A) Where a building contains two or more sets of domestic premises, the things to which this order applies include—

(a) the building’s structure and external walls and floors, and any common parts;

(b) all doors between the domestic premises and common parts (so far as not falling within sub-paragraph (a)).

(1B) The reference to external walls and floors includes—

(a) doors, windows or penetrations in those walls and floors, and”

This amendment would apply the Fire Safety Bill specifically to penetrations that pass from a dwelling, through a fire-rated wall or floor into a common space.

[The Chair]

With this it will be convenient to discuss amendment 2, in clause 1, page 1, line 8, after “include” insert

“all other parts of that building including—”

This amendment aims to clarify that the Regulatory Reform (Fire Safety) Order 2005 applies to all parts of a building that contains two or more dwellings, other than those dwellings themselves, and is not limited to parts that come within the meaning of structure, external walls or common parts.

Will the hon. Gentleman move one chair to his left? That would be better from a social distancing point of view.

[Andy Slaughter]

Thank you, Sir Gary, for looking after my and everybody else’s health. I rise to speak to amendment 1, tabled in my name. It is grouped with amendment 2, tabled in the name of the shadow Minister, my hon. Friend the Member for Croydon Central. The two matters are linked. My amendment, as is the custom in my case, is more pedantic and finickity than the broader amendment 2. If I may, I will speak to my own amendment.

As I mentioned a few moments ago, we had a very useful evidence session this morning. It was short—only an hour and a half—but there was a lot of information there. What came through from all the witnesses was that this Bill clarifies existing law. It is a matter of constitutional debate whether the function of legislation is to clarify existing law. Governments have a habit of doing that to fill in time or to make an emphatic point, although it is perhaps not a good use of legislation. It is clear, however, that there are problems that need to be resolved in relation to fire safety, which has troubled us hugely since the Grenfell Tower disaster three years ago and should have been troubling us for many years previously in the light of other disasters.

I guess, therefore, that the Bill is intended not so much to change the law, but to say, “This is the law, and this is what should have been happening.” That begs others questions. Are the resources there now to make this happen? Is the focus of the Bill in the right area? In questions this morning, I made the point—and I do not think the experts dissented—that the phrase, “the building’s structure and external walls and any common parts”, in clause 1, line 8, is rather tendentious. The “building’s structure” could mean anything in relation to the building, but it is then qualified by the reference to “external walls” and “common parts”.

My amendment addresses the issue of whether there is a clear definition of common parts, but I think we all know why the phrase “external walls” is in the Bill. As has already come out of the Grenfell inquiry—indeed, the recommendation from the inquiry was perhaps not needed—a substantial cause of the Grenfell disaster, as well as a contributory factor in many other major fires, including in high-rise buildings, has been the type of material that adheres to or forms part of the external structure of the building. That could be cladding—certain types of which have been found to be more combustible than others—insulation, or the way in which the materials combine. We are only scratching the surface—excuse the pun—of the types of cladding and systems that are appropriate to be used, or to remain in use, on such buildings.

It is pretty clear, however, that such material is a major focus of the Bill. The money, time and resources the Government have spent so far—many of us believe they have not gone far enough—have gone on looking at aluminium composite material cladding and then perhaps at high pressure laminate and other types of cladding. No doubt, as we consider the Bill, there will be some focus on that. My amendment, and that of my hon. Friend the Member for Croydon Central, go slightly beyond that. As Matt Wrack, the general secretary of the Fire Brigades Union, pointed out this morning, Grenfell has exposed not only that there are issues with cladding, but that there are fire safety issues in the construction, management and operation of tall buildings, in particular, that go far beyond that.

My amendment addresses a specific point by dealing with opportunities for fire to penetrate into a building other than through doors and windows. Doors and windows are a major way in which fire can enter a dwelling. If a window is open or a fire door is not—as my hon. Friend the Member for Croydon Central explained this morning—sufficient, sufficiently well fitted or has other defects that do not maintain a 30 or 60-minute barrier, there is that opportunity. It is perhaps stating the obvious to say that the reason that flammable cladding is such a danger is that it allows fire to spread across the face of the building in a very short space of time, as we saw at Grenfell. That in itself is not what is causing the problem; it is the ingress of that fire into the building itself. That could be through a window that is open or through a door that is insecure, but it could be through any other means of entry. There are other ways for fire to spread that are perhaps more serious than doors and windows. That is why I used the word “penetrations”. They could be ducting, pipework or openings that have been created for good or bad purposes: it could be shoddy workmanship, but equally it could be something necessary to do with the supply of services through the building.

One other point on amending clause 1 was to add the words “external walls and floors”. It is clear why clause 1 mentions doors and windows—generally we have doors and windows; I understand that point—but other openings or apertures created in a building may well be through floors. The danger is that anything of that kind will allow the spread of fire—but not only fire, as I will come on to explain in a moment—throughout a building very quickly, particularly if there are pipes and ducts. If the opportunity arises for fire to spread, it can go through them very quickly. As I say, it is not just fire, but smoke and other gases. A major factor at Grenfell was the spread of smoke through the building. That can make escape difficult and, particularly if it is created by the burning of toxic materials, can create a toxic atmosphere, which has an effect on the respiratory system of those trying to escape the fire.

To explain my point, I will provide an example from my constituency. It did not end in disaster, I am pleased to say, but it easily could have done. In January this year, a resident of a block of flats with over 20 storeys was returning home late at night when she noticed a strong smell of gas. She checked her flat but could not find anything that was causing the smell. Fortunately, there was a member of staff, a concierge, on site even at that late time. They investigated, and the National Grid was called out, but it could not find anything. Neighbours’ doors were knocked on, and the emergency services were called out. By this time, it was the early hours of the morning and neighbours on several floors were being woken up. Eventually, the source of the gas leak was found four floors below. An elderly resident—over 80, I think—with an elderly gas stove had turned on the gas and left it on. The gas had effectively filled the whole block, from the ground floor reception up to at least the eighth or ninth floors of the block.

This matter ramifies endlessly. Why should an unsafe gas appliance be allowed in a block anyway? Modern gas appliances have failsafe mechanisms—if the gas is left on, they will shut off after a while—but unfortunately the reality is that some people, particularly poorer people perhaps, will have very old gas appliances that do not work in that way, and therefore the gas, after being turned on, will fill the whole flat. In this case, the occupant, who had obviously made a genuine mistake, needed oxygen. Many people had either opened their windows or were confused about what was happening. It was only because of the excellent action by one concerned resident—this was the opinion of the emergency services—that the matter did not end up in disaster. What happened late at night in January was that the gas did not pass through doors or windows but up through the building, potentially causing great stress.

My point is that, with fire, smoke and other noxious fumes passing through a building, it is complacent to say that simply ensuring that fire doors work and that windows are properly sealed and do not have combustible material around them means that a building is entirely safe and the fire will not spread internally. I hope the Government will accept my amendment. It is a relatively technical addition, which improves the Bill rather than changes it materially. I will wait to see what the Minister says in response; he might want to break the habit of a lifetime and say that we can allow an Opposition amendment to get the Bill Committee off to a flying start.

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As I have said, the order specifically excludes domestic premises. The Bill does not change the definition of domestic premises, and we seek to state expressly that external walls and flat entrance doors, which it could be argued are parts of domestic premises and are therefore excluded, are indeed in scope. The Government have not included a proposition to the effect that the fire safety order applies to all other parts of the building, as we believe that to be unnecessary, and it could cast doubt on article 6(2). The Government therefore resist the amendment. I hope that I have given enough reassurance for both amendments to not be pressed.

[Andy Slaughter]

I will reply to two points. The first was made by the hon. Member for Ruislip, Northwood and Pinner, who has huge experience in this sphere, not least from his role in local government over the years. I disagree with his point because the example that he gave of modifications to the exterior of a building should be included in the Bill under that part of clause 1 that talks about external walls. I think that that is specifically envisaged to include not just external cladding but the whole external structure; it would therefore include voids and attempts that have been made through banding to restrict those voids.

Equally, I do not agree with what the Minister said. We all understand the point about private homes. It cannot be dismissed. We mentioned this morning the issue of leaseholders who provide their own front doors and how far that is considered, but there are other issues. There are issues to do with sprinkler systems and their installation in the homes of either leaseholders or tenants—assured or secure. This is not a black-and-white issue in terms of what goes into individual homes.

The amendment is a necessary or at least helpful addition to the Bill. Over a period of 30 or 40 years, a huge number of modifications will be made to buildings, even if, when a building was originally constructed, it was done in a secure way that would prevent the spread of fire and smoke. We know that this issue has been neglected, but it is so important that it should be reflected. However, given that the Minister has put it on the record that he believes that these matters will be dealt with, through the Bill and other measures that the Government are taking, I do not propose to press the amendment to a vote.

[Sarah Jones]

I thank the Minister for his response. He was basically saying that amendment 2 is unnecessary, which I would challenge, because the fire service has asked for the definition and thinks that it would be an important part of the Bill. I agree with the fire service, but I take the same approach as my hon. Friend the Member for Hammersmith and hope that these matters will be looked at as we go forward.

[Kit Malthouse]

Fundamentally, as my hon. Friend the Member for Ruislip, Northwood and Pinner says, we are concerned that the definitions in the amendments might have a narrowing effect. Detailed guidance offering definitions will come out as a consequence of the Bill, and obviously we will work with partners to ensure that we get that guidance right.

It is worth pointing out that this approach is consistent with that in the Housing Act 2004, which uses similarly broad definitions to ensure that the many and various varieties of housing in this country, some built over many hundreds of years, all fall within a generalised definition in guidance that is put in place later on.

[Andy Slaughter]

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Question proposed, That the clause stand part of the Bill.

[Sarah Jones]

As the Minister said, we recently passed the three-year anniversary of the Grenfell Tower fire. I just want to mention the letter that we will all have received from Grenfell United last night. It was not able to give evidence before us today, but it welcomes the Bill and is pushing for it to have the funding that it needs and for it to apply to all buildings. It reminded us of the fire in Canning Tower, in east London, only last week, when 100 people were evacuated. It used to be covered with Grenfell-style cladding, but that was removed last year, just in the nick of time. As the letter says, there were not any serious consequences.

The importance of the Bill is not to be underestimated. Small though it is, it is incredibly important. We support the Bill and we support clause 1. It provides clarification, although it is a shame that we could not take it a bit further with our amendments. There are many issues that we would want to bring into the Bill, but because it is too small in scale, we cannot. They include electrical safety—people are keen for us to talk about that, and my hon. Friend the Member for Hammersmith mentioned it. We tried to have some of those issues included in the Bill, but they are not within its scope. There is a huge raft of issues beyond that of cladding—important as it is—that we must address, through the building safety Bill and subsequent measures.

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Concerns were raised about this issue on Second Reading. There is a risk of creating silo pieces of legislation that do not talk to each other; it would be good to understand from the Minister what could be done about that, what the Government are doing, and how we can make sure that we do not create silos. Again, Members from all parties raised this issue on Second Reading.

[Andy Slaughter]

Briefly, it is very important that there is the closest possible alignment between the Bill and what emerges from the Grenfell inquiry. We have had phase 1 of the inquiry, which dealt with what happened on the night. Phase 2 is coming, albeit not for some time. It relates to the wider issues of concern around building safety, and of course there is further legislation coming about building safety.

We heard evidence this morning from the Royal Institute of British Architects and the Fire Brigades Union. Despite their very different perspectives and experiences, they were essentially saying the same thing: that Grenfell has exposed not just the really criminal action of putting highly combustible material on the outside of tower blocks, but the huge weaknesses and inadequacies in the system, causing us to look again at the whole way in which building safety works.

Just one example of that is the stay put policy. Most experts will say, “Well, the stay put policy is still in effect.” That may be literally true, in the sense that for most blocks that do not have combustible cladding and where compartmentalisation works, it may be the opinion of experts—whether they are from the fire service, are building experts, or others—that it is safer to stay in a flat than to leave it while the fire is contained within a single flat in a high-rise block, but try telling that to the occupants of that block post Grenfell.

The Leader of the House made comments about the evacuation of Grenfell Tower that were not just unhelpful but disrespectful; he asked whether people were right to stay in Grenfell Tower in that way. A senior Member of this House has raised doubts about whether it is sensible to stay. If a fire is known to be occurring, people will try to exit the tower block.

Any review of the stay put policy will look at the way that evacuation procedures, alarm systems and sprinkler systems worked. Recommendations coming out of the Grenfell inquiry should be reflected in the Bill. That is my only point.

[Kit Malthouse]

The amendments seek broad delegated powers to amend key articles of the fire safety order: articles 2 to 22, in parts 1 and 2 of the order, which relate to the interpretation of the order and to fire safety duties; and article 38, a miscellaneous article relating to a further duty on the responsible person to concern themselves with the maintenance of measures for the protection of firefighters. The amendments also seek to enable changes to be made to the fire safety order by secondary legislation, rather than primary legislation, that are consequential to changes made by other regulations. The amendments build on the delegated power in clause 2 of the Bill, under which it is proposed that the order can be amended for the purpose of changing or clarifying the premises to which it applies, and can allow for consequential provision to be made. I have already set out the purpose and limitations of that power.

The fire safety order already has a delegated power under article 24, which enables the Secretary of State to make regulations on the precautions that are to be taken or observed in relation to the risk to relevant persons. That can be used to provide additional fire precaution requirements over and above those already required under the order.

Although powers that enable legislation to be expedited when needed, and with the appropriate scrutiny, have clear benefits, the Government’s view is that it would not be appropriate to ask Parliament to delegate legislative power in the manner proposed. I have made the point already that this is a short and technical Bill. We intend to legislate further. The Government will shortly publish the second of our fire and building safety Bills, the building safety Bill. Alongside this, there will be pre-legislative scrutiny: we will publish a fire safety consultation, which will set out our proposals for strengthening the fire safety order and improving compliance on all regulated premises, leading to greater competence and accountability.

We will also implement the recommendations of the Grenfell Tower inquiry’s phase 1 report, which calls for new requirements to be established in law to ensure the protection of residents in multi-occupied residential high-rise buildings, with some proposals applying to multi-occupied residential buildings of any height.

As the Committee has heard, the Government are taking further steps to ensure that the fire safety order continues to be fit for purpose, as part of our consideration of reform of the wider building safety landscape. The consultation will propose changes to strengthen the order in a number of areas to improve fire safety standards. It will also seek further evidence and implement further legislation if required.

Sir Martin Moore-Bick’s report examining the events of the night of 14 June—the night of the Grenfell Tower fire—was exhaustive. Of the 46 recommendations made in the inquiry’s first report, 12 were addressed to the Government directly, with 11 requiring legislative changes. They relate primarily to a number of prescriptive safety measures and checks, to be undertaken by building owners and managers. The Prime Minister accepted the principle of these recommendations on publication of the report in October last year.

Subject to the outcome of the consultation, our intention is to deliver, where possible, the Grenfell inquiry recommendations through secondary legislation under the fire safety order. Where an amendment to the order is required through primary legislation, we intend to do that in the building safety Bill. That Bill will also cover the consequential amendments that will be required to the fire safety order to ensure that the Bill, when enacted, and the order align and interact with each other. We will ensure that the legal frameworks and supporting guidance provide clarity for those operating in this area, and bring about the outcomes sought across the fire and building safety landscape.

The hon. Member for Croydon Central mentioned having a single point of responsibility, and that is very much on our minds. Intensive work is going on between the Home Office and the Ministry of Housing, Communities and Local Government, and with the wider sector, to ensure that there is no confusion as to who is the responsible individual.

One of the key principles that came out of Dame Carol’s review—I mean Dame Judith’s review; Dame Carol’s review is about drugs, which is also within my portfolio—was the need for the point of responsibility to be transparent and known to everybody. It is a key part of the proposals, and I have no doubt that it will form part of the consultation and, therefore, the legislation that will follow.

Sir Gary, I hope that explanation is enough to allow the Committee to be content for the amendment to be withdrawn.

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[Sarah Jones]

I agree; it is shocking.

We have all seen examples, and one was given to us this morning. In 2017 an independent fire risk assessor was given a four-month jail sentence when a court described his assessment of a Cheshire care home as “woefully inadequate”. In the same year, a private hire safety consultant was found to have given valueless risk assessments to several businesses in south Wales, putting people at serious risk of death because of poor escape routes, a lack of fire alarms and insufficient precautions to reduce fire and the spread of fire. In 2012 a fire risk assessor in Nottingham was fined £15,000 after it was found that fire precautions in two hotels he assessed were inadequate, potentially putting hundreds of lives at risk. I suspect there is much inadequacy that we do not know about because it has not come to light.

Therefore, what do we do about this? We propose a fire risk assessor accreditation system. There are ways of easily mapping skill levels and the competence of individuals that are used across many sectors. We could look at those and work with the experts to find the right balance. For many years, the further education sector has used regulated qualifications to train the workforce. Vocational qualifications, which have been around for many years, have been the main way of demonstrating that an individual has met a certain standard. I spoke at length to the chief executive of the British Woodworking Federation, who sits on the Build UK WG2 competence of installers working group in Government, which is looking at some of these issues and mapping the competence of an installer following the Hackitt review. It is looking at third-party certification routes, continuous professional development and different things that would be possible. There are relatively straightforward options through the Health and Safety Executive, Ofqual—there are all sorts of ways to do this.

In anticipation that the Minister might not accept the new clause, I ask him to take this matter seriously and accept that there is a problem that we must do something about. I also ask him to see it in the round with what on earth happens if it takes a long period of time to try to build up workforce expertise, with people potentially living in buildings without the piece of paper that tells them they can get insurance and mortgages, as the hon. Member for St Albans said. This job must be done—whether it is done now is for the Minister to decide—and it must be done sooner rather than later, to avoid deaths in the future.

[Andy Slaughter]

I agree with these sensible new clauses, because they would remedy the defects identified by the FBU and others in how the system currently works, by professionalising it and taking it seriously. Having said that, they would create another requirement to be actioned by the Government. Whether the Government accept the new clauses or not, I am sure that they wish to see fire risk assessments and mediation carried out properly and efficiently.

We heard evidence this morning from the Fire Safety Federation and the head of fire safety at the L&Q Group about how the system is working—or not working—in practice. Whether the Minister accepts the requirements, we seriously need to address the current investigation process. I say this with no disrespect to the witnesses, but I was not filled with confidence by them saying that the processes of assessment must be looked at, with is done either through the enforcers, the owners and the Government coming together, or through everyone doing their own bit, because it is simply not working at the moment.

I gave the example, which I will briefly amplify, of a block of some 400-plus flats owned by Notting Hill Genesis, a big housing association in London, with which some issues to be resolved have been found. Those issues are not the most serious issues; there is some timber construction and some cladding on the building. Most of the building is constructed of brick. The effect was that the building perhaps did not have as high a priority as more dangerous structures. The effect of that has been to set out for all residents, including those leaseholders who have sold or are trying to sell their properties, a process that goes through six separate stages: initial survey, survey review, developer engagement, project planning, specification and tender, and remedial works. That process could take as little as 16 months or up to 42 months, and only at the end of it would an EWS1 form be issued. I thought that was bad enough, but we heard from the head of fire safety at L&Q that they expect it to be 10 years before all the buildings in London are dealt with.

That situation cannot be allowed to continue, so I ask the Minister to ensure, when he looks at the issues raised by the new clauses, that we have competent and professional assessment of risk, and proper processes to carry out those assessments. We must also look at the speed at which that work is done, because the Government have found it necessary during the covid crisis, and previously during the housing crisis, which we see particularly in London but which exists generally across the country, to intervene with measures that help people either to get on the housing ladder, to upscale or to move; there need to be different types of packages in that regard.

That is needed here and now. This matter cannot be left to the relationship between leaseholders or tenants and their landlords or owners at the end of the building process; it must be for the Government to address. Otherwise, in what is already an extremely depressed and fractured housing market, this situation will cause further delay and misery. It is not just a case of people being forced to stay in properties that they do not want to stay in—they want to move, perhaps because their family is growing, or because they want to take up a job in another part of the country. This situation is causing real financial and social distress. That may be an unintended consequence of what is designed to be an efficient process, but the process is simply not working at the moment.

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[Sarah Jones]

I want to put on record our support for the notion that leaseholders have been incredibly hard done by in recent years. They are championing their cause through incredibly powerful campaign groups, and we have heard over the past three years of the costs that have been put on them to remove cladding. It is extraordinary. In new clause 4, I try to ensure that they are not part of the definition of the responsible person in the legislation.

I agree with the premise of the new clause proposed by the hon. Member for St Albans, but having been the shadow housing Minister for three years, looking at the issues of leasehold and freehold and working with the Law Commission and with lawyers to try to unpick some of the legal issues, I think that it would be a challenging new clause to accept as it is, without significant compensation having to go to freeholders. I think the hon. Lady is probably right to describe it as being a blunt instrument, but I agree about the impossible position of leaseholders being faced with more costs when they are struggling so much.

[Andy Slaughter]

I applaud the hon. Member for St Albans for bringing the matter to the Committee’s attention, although the new clause may not quite be the way to deal with the issue in law. I say that because although Government have made funds available in a drip by drip way—it is quite a substantial amount of money, so perhaps drip by drip is the wrong phrase—it is an inadequate sum to deal with the necessary remediation.

The way in which the funding relating to ACM and other types of cladding has been announced to social landlords and then private landlords has not only created some degree of confusion, but meant that there are huge gaps in terms of accessibility to funds to leaseholders and freeholders for carrying out remediation work. Therefore, landlords—not the worst landlords, necessarily; in some ways, it could be the better ones—are seeking to deal with remediation works in relation to blocks that do not fall within the fairly restrictive criteria that the Government have set. They are saying, “Yes, we will remove cladding, or do other works, but it isn’t covered by the Government’s building funds at the moment. We will therefore look, with section 20 notices or in other ways, for leaseholders to carry the costs.”

We are right to draw attention to this point, and I hope that the Minister will respond to it. He has been reading out his ministerial brief, which is all to the good because we need to put it on the record, but it would be quite good for him to respond to some of the points spontaneously made by Opposition Members.

[The Lord Commissioner of Her Majesty’s Treasury (Michael Tomlinson)]

My hon. Friend has done both

[Andy Slaughter]

I say that because, in the previous debate, there were issues to do with the speed at which the process is going, and I do not think the Minister responded to my points about that nor to those about the qualifications of assessors. If he intends to resist the new clause, which I suspect he probably is, he needs to deal with the issue of leaseholders who, faced with the prospect of bills, cannot then be advised “Go to the Government funds”, because such funds are not available for those purposes.

[The Chair]

I call on the Minister to read out his brief. [Laughter.]

[Kit Malthouse]

Sir Gary, the hon. Member for Hammersmith knows the impositions put on Ministers of the Crown as to what they can and cannot say in public. Legal interpretations emanate from their words, such is the importance of the things that we say in this place, and many legal cases have been decided on the words, imprecise or otherwise, of a Government Minister in a Committee such as this, so we try very hard to be precise. I should point out that, although I previously had responsibility for this portfolio when I was Housing Minister, I am covering for a Minister who is shielding at the moment. Hence I have to make sure that the words I use are broadly those that he would use as well.

[Andy Slaughter]

rose—

[The Chair]

Mr. Slaughter is going to apologise.

[Andy Slaughter]

I was seeking to flatter the Minister. We not only want to hear from the civil servants; we also want to hear from him.

[Kit Malthouse]

Notwithstanding the fact that the hon. Member for St Albans obviously recognises that this blunt instrument, as she put it, might result in unintended consequences, not least driving a coach and horses through the notion of privacy of contract, which is a fundamental part of our economy and legal system, I recognise her aspiration and the obvious concern and distress that there has been across the country among people who have been caught in the nightmare. As the hon. Member for Croydon Central knows, as Housing Minister for 12 months I wrestled with that issue and lobbied the then Chancellor of the Exchequer with increasing ferocity that the Government should step in to assist, which we have now done. My efforts, along with those of my right hon. Friend the Member for Old Bexley and Sidcup (James Brokenshire), who was then the Secretary of State for Housing, Communities and Local Government, managed to secure the first £600 million of the £1.6 billion now pledged for remediation of various types of cladding.

I should point out that the funding does not absolve the industry from taking responsibility for any failings that led to unsafe cladding materials being put on buildings in the first place. We still expect developers, investors and building owners who have the means to pay to take responsibility and cover the cost of remediation themselves without passing on the cost to leaseholders. We committed in a recent Government response to the building safety consultation to extend the ability of local authorities and the new regulators to enforce against building work that does not comply with the building regulations from two years to 10 years. Further details will be set out in the draft building safety Bill when it is published next month. The new regime in that Bill is being introduced to prevent such safety defects from occurring in the first place in new builds and to address systematically the defects in existing buildings. Moreover, as part of any funding agreement with Government, we expect building owners to pursue warranty claims and appropriate action against those responsible for putting unsafe cladding on the buildings. In doing that we are not only ensuring that buildings are made safe and that residents feel safe, and are safe, we are ensuring that the taxpayer does not pay for the work that those responsible should fund or can afford.

I appreciate the intent of the new clause, particularly to protect leaseholders from the very high cost of removing and replacing cladding. That is why we have made £1.6 billion available to cover the costs, particularly where experts say that they represent the highest risk, and we are working with industry to identify what funding structures would be most appropriate to help cover the cost of further remediation work. Leaseholders should not have to face unmanageable costs. The Secretary of State for Housing, Communities and Local Government will provide an update on the work when he presents the draft building safety Bill to Parliament before the recess. I ask that Members recognise the complexity of this policy area, which cannot be solved, I am afraid, through the new clause. Indeed, it would make owners who, in some cases, would include leaseholders, responsible for funding any and all remediation work. For example, service and maintenance charges would at present meet the costs of safety work required as a result of routine wear and tear, such as worn fire door closers. Under the new clause, those costs would fall to building owners. I hope that hon. Members will agree there are more effective ways of achieving the same aim, which we all share, and I therefore hope this clause can be withdrawn.

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[David Simmonds]

I have similar feelings about new clause 6 as I had about amendment 1. There is a risk that by seeking to be precise, we may create additional gaps in the legislation. Looking at the list, it would be clear to anybody with experience of the issue in a wider context that many other issues would come into consideration in such circumstances.

For example, the London Borough of Hillingdon had to go to court on 16 occasions last year to gain access to tenants’ properties to undertake essential safety-critical work on gas installations. If we were to define the duties that we are placing on the responsible individuals, the list would be extremely long. I have heard the Minister talk on the issue and I know that, with his local government experience, he is well aware of the context.

The properties to which the legislation will apply are hugely diverse, as are the risks that they offer. I therefore strongly believe that the new clause is another example where we are better off having a broader-brush piece of legislation that provides the opportunity to catch every set of circumstances flexibly, rather than being unnecessarily specific and risking missing out things that might turn out to be safety-critical.

[Andy Slaughter]

Thank you, Sir Gary. I apologise for referring to you as Mr Streeter throughout.

[The Chair]

You can call me whatever you like.

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[Andy Slaughter]

I will get it right before the end.

I have a brief comment about new clause 9, which goes to the heart of our discussion. It says that where there are

“two…sets of domestic premises, an inspector must prioritise the premises which they consider to be at most risk”.

That echoes what Mr Carpenter, the head of fire safety at L&Q, said in evidence this morning, and it must be right. It also mirrors the debate that we are having about covid-19 and the balance between the health implications and the economic implications. If all our eggs are put into the basket of buildings where there is believed to be a singular risk or multiple risks, there will be all the consequences we have already discussed relating to delays to sale and so on for buildings with a more marginal risk that nevertheless need remedial work. The Government have to grasp that dichotomy and say how they propose to deal with it.

At the moment individual landlords are dealing with it in their own way. My local authority, for example, has gone far beyond what are considered to be minimum standards. It has something called a fire safety plus programme, which means that fire safety experts visit tenants to check electrical and fire detection appliances. They replace white goods for free if they are faulty. I referred earlier to problems with flame failure devices, where gas leaks can occur, and the authority has now incorporated checks of all gas devices into annual boiler checks.

Some responsible landlords, and particularly social landlords such as Hammersmith and Fulham Council, take those responsibilities seriously and prioritise those matters. However, that has to happen across the board and not be left to landlords’ good will, as it were, or their responsible action. It has to be something that the Government enforce. It would be useful to include that with new clause 9 and provide for such prioritisation in the relevant circumstances. However—and yes, this is cake-and-eat-it, but this is a cake-and-eat-it Government, so I am sure they can incorporate it—we cannot forget those tenants or leaseholders who are at the back of the queue and who, as Mr Carpenter said at column 14 in the first sitting of the Committee, may be waiting 10 years for remedial work to take place. I should be interested to hear the Minister’s response to that—both whether he agrees with the content of new clause 9 with respect to prioritisation, and what he would do as a consequence.

[Kit Malthouse]

As the hon. Member for Croydon Central has pointed out, the Prime Minister has accepted the outcome of the Grenfell inquiry. However, Sir Martin Moore-Bick’s report stated that his recommendation should command the support of those with experience of the matters to which they relate. That means that we need to make sure that everyone is on board with the proposals as we take them forward.

Our intention is to enact the proposals, subject to the views of the consultation, under article 24, which specifically requires the Secretary of State to

“consult with such persons or bodies of persons as appear to him to be appropriate.”

Once again I acknowledge the impatience of the hon. Lady and everyone else in the Committee to get on with it, and get the Grenfell inquiry measures in place, but there are stages that we need to go through to make sure that we get the measures right and to ensure that the changes made to building safety will be cultural as well as legislative and structural. That is an issue that became clear during my time as Housing Minister. The entire sector has to acknowledge its moral and legal duties for the safety of those in its care, whether that is in the design, building, management or maintenance of properties. That means we need to make sure everyone is bought in.

On new clause 9, I do not dispute the need to ensure that resources and enforcement activity are targeted, but I dispute the need for legislation to do so. Fire and rescue authorities are in the business of managing risk and are accountable for how they do so. The fire and rescue national framework for England requires fire and rescue authorities to have a locally determined risk-based inspection programme in place, for enforcing compliance with the order. It sets out the expectation that FRAs will target their resources on those individuals or households at greatest risk from fire in the home and on those non-domestic premises where the life safety risk is greatest. In parallel, the regulators’ code states that all regulators should base their regulatory activities on risk, take an evidence-based approach to determine the priority risks in their area of responsibility, and allocate resources where they would be most effective in addressing those priority risks.

We acknowledge the vital work that local FRAs do and the NFCC has done, and will continue to do, to ensure that building owners are taking all necessary steps to make sure that those living in high-rise buildings are safe and feel safe to remain in their homes.

Fire Safety Bill

Andy Slaughter Excerpts

Report stage & 3rd reading & 3rd reading: House of Commons & Report stage: House of Commons
Monday 7th September 2020 Commons Chamber

On the basis that he is listening to people like me, I believe that the Government can improve this Bill through a number of measures that seek to improve electrical safety in UK homes. Amending the Bill provides an opportunity to make immediate differences to the safety of people who live in multi-occupied buildings. Electricity does cause fires, and I believe that the Government need to consider seriously the electrical sources of ignition.

[Andy Slaughter (Hammersmith) (Lab)]

It is a great pleasure to follow the hon. Member for Southend West (Sir David Amess) and my hon. Friend the Member for Croydon Central (Sarah Jones), who have set out amendments to the Bill that are reasonable, proportionate and non-partisan, and I cannot see any reason why the Government should not support them. I do not intend to repeat the arguments they have made cogently; I will just add a few comments of my own.

As the hon. Member for Southend West said, he has chaired or been part of the all-party group on fire safety and rescue for more than 20 years. I cannot claim to have been a member for that length of time, but I have learnt a huge amount in the time that I have been. It is one of the most effective groups within Parliament. The all-party parliamentary group on online and home electrical safety, which my hon. Friend the Member for Swansea East (Carolyn Harris) chairs, has equally made a huge contribution on this issue, with the support of professional bodies. I urge the Minister to listen to the advice coming from those sources.

I do not know anybody who does not support this Bill. It is a very short Bill, and it aims to do two things. First, it clarifies what is meant by “common parts”, particularly in relation to external cladding and the responsibilities therein. Secondly, it is permissive, in terms of the introduction of secondary legislation to modify and add different classes of building in the future.

Had we been debating this two or three years ago, I think everyone would have said, “This is very sensible. Well done to the Government for getting on with it,” but we are not. We are three years post Grenfell. It seems like a piece of emergency legislation, when we should be on to discussing the nitty-gritty and more comprehensive measures. These amendments achieve that in various ways. I will not go through each one, but I would like to mention new clause 1.

We now have the results of part one of the Grenfell inquiry, and new clause 1 effectively asks the Government to take some of those recommendations on board. They include: that information on materials and construction is available to fire and rescue services; that plans of high-rise residential buildings are available; that inspection and testing of lifts is done properly; that evacuation procedures and information to residents are carried out properly; and that there is proper inspection of fire doors. A lot of us would have probably thought, pre Grenfell, that those things already happened, but they do not, and they did not. It is about time that they did. It is about time that the Government legislated and implemented these measures, rather than put out general, catch-all clauses.

[Stephen Doughty]

My hon. Friend is making a very good point about new clause 1 and the responsibilities. Would he accept that there is a significant responsibility on the original developers, architects and those involved in construction—I mentioned Laing O’Rourke, Taylor Wimpey, Redrow and others—to make sure that they are providing and have available the original construction diagrams of buildings? We have had a huge problem in Cardiff South and Penarth of not being able to get hold of those and then very expensive testing having to be done. Of course, the cost is then passed on to leaseholders, on top of the bills they may face for rectifying these problems in the first place.

[Andy Slaughter]

My hon. Friend makes a very good point. It is my experience from dealing with blocks in my constituency, and I am sure it is many other Members’ experience, that nobody wants ownership of this, nobody wants to pick up the tab and nobody wants to take responsibility—whether it is those who designed the building, those who built the buildings, those who manage the buildings or those who modified the buildings in ways that were not conceived. Somebody has to do that, and if they will not do that, it is Government’s responsibility to ensure that they do, and I do not think this Bill goes far enough in doing that.

New clauses 2 to 5—I am not going to go through those in detail—are, as I say, sensible and proportionate measures, which are designed to ensure that this legislation the Government are properly bringing forward works more effectively. I wait with bated breath to hear what arguments the Minister can put forward for not adopting those.

Let me come on to the amendment standing in the name of the hon. Member for Southend West, because I think that that is an important amendment. I am glad that it was found to be in scope and is being taken because he is absolutely right to say that, whereas a great deal of the focus has properly gone on construction and modification, particularly in relation to external cladding, insulation and so forth, it is also important that we look at the source of fires. It is rather a truism to say that, if we can control that source, we are going to get a lot fewer fires, whether or not they spread.

There are many issues that are being pursued here. Tomorrow, there is a ten-minute rule Bill from my hon. Friend the Member for Makerfield (Yvonne Fovargue) on the registration of electrical appliances, so that where there is a need for recall, those matters can be in hand. What we are doing today is not comprehensive, but the two measures that have been proposed in the hon. Gentleman’s amendment and new schedule are entirely sensible. Yes, they are quite onerous because what we are looking for is both a register of white goods and that there are regular checks. Those have been found appropriate for the private rented sector, and I wonder why they are not appropriate for high-rise buildings where we know, as a consequence of fires such as Lakanal, Grenfell and Shepherd’s Court, that people are particularly at risk.

Let me say a brief word about that because it is in my constituency. It is just over four years since the very serious fire at Shepherd’s Court. A tumble dryer, which not just should have been recalled and had not been recalled, but was going to be repaired and was awaiting repair, was being used according to the manufacturer’s instructions—wrong instructions—and therefore did catch fire, destroyed somebody’s home, spread to several other flats and caused the evacuation of an 18-storey block. Had it not occurred in the middle of the afternoon on a summer’s day, the consequences of that would have been dire. As it happened, there were no serious injuries, but the trauma of being involved in a fire of that nature, I do not think can be imagined. If I were the Minister, this would give me sleepless nights every night until these matters are resolved.

What I fear is that the Government are continuing to take what I can politely describe as an incremental approach here. Yes, these are complicated matters and more issues come to light—every time an investigation takes place, we find more problems with more types of building—but that is the world we live in, and it does not excuse the Government from responsibility. We are looking at height, but we are also looking at the type of buildings, the type of users of buildings and the type of cladding that is used on buildings. They could be hospitals, hotels, care homes or schools; they could be low-rise as well as high-rise buildings. They all have risks attached to them.

It sometimes feels like getting blood out of a stone to get the Government to widen their ambit and look beyond the very narrow classifications they have already dealt with in terms of ACM cladding, possibly high-pressure laminate cladding and possibly buildings down to 11 metres. The Government are very good at giving advice to others, and we all know the problems that that has caused with the sale and remortgage of properties and the necessity for inspections when the professional staff are not there to deal with these matters. The Government should be better at directing those responsible and, where necessary, providing the means for those responsible to remedy the serious risks that are apparent.

That is the problem with the Bill, which the amendments go some way towards clarifying. Whether we are looking at the source, the construction or the modification, the consequences can be the most serious. They can be matters of life, of the destruction of people’s homes, or of people living daily in fear of the risks that apply to their homes. I cannot think of anything less reasonable than that, frankly, so more than three years on from Grenfell, will the Minister look seriously at what is proposed and either adopt the amendments or, at the very least, say that the Government will bring forward their own legislation soon?

It rather feels that we have been overtaken by events because we now have the draft Building Safety Bill. That is a much more detailed piece of work, but I already have some criticisms of it—I will not bore the House with those tonight—and I look forward to more discussions on that as we go forward. I know that the Minister takes these matters seriously, but I do not feel that the Government are addressing them with the rigour or the detail that they need to be. Let us make a start on that today by adopting the amendments that have been put forward.

[Sir Robert Neill]

It is a pleasure to follow the hon. Member for Hammersmith (Andy Slaughter); he and I have been around debates on this issue for a number of years now. That is true also of my hon. Friend the Member for Southend West (Sir David Amess).

I am delighted to see my right hon. Friend the Minister for Security on the Treasury Bench. He is an old friend and a good man, and I know that he wants to do the right thing. I remember being the Minister responsible for the fire services, as my hon. Friend the Member for Southend West kindly observed. Whether to deal with these issues by primary legislation, by secondary legislation or by way of regulation is always problematic, particularly when it is often necessary to update the actions required in the light of changing scientific and technical knowledge, and emerging knowledge about the right types of processes and procedures that should be followed to ensure safety.

However, given that everybody wants to achieve the same objective here, I hope that my right hon. Friend will listen carefully to the points that are made, because all the amendments have merit behind them. Whether it is possible to achieve their objectives through the Bill is something that I am prepared to listen to the Minister’s arguments about, but, as the hon. Member for Hammersmith just said, if it cannot be done through this Bill, may we please at the very least have a commitment about how it will be achieved?

Having said that by way of preliminary, let me deal with some of the specific points. The whole question of responsible owner is an important one that we need to tackle somehow. My right hon. Friend will have known that I would mention Northpoint in my constituency. He will have known because I banged his door down more than once about it when he was Secretary of State for Housing, Communities and Local Government. He will know that despite his endeavours then, and despite the endeavours of the current Secretary of State, who made a speech back in January about the need to move on this—despite the establishment of a fund and the enhancement of the amount available in the fund—the process none the less remains so complicated that, as yet, residents in Northpoint have not been able to progress their claim. Of course, the scope of the scheme at the moment does not enable them thus far to pick up the interim costs, including that of waking watches and so on, which I will come to in a moment. All manner of obstacles come along—for example, insurance for any potential disruption to the railway, because the block is right next to a railway line. That was eventually overcome because an uninsurable amount of indemnity insurance was initially being requested. Happily, the Minister’s colleague, the noble Lord Greenhalgh, the Minister responsible in the other place, assisted in that, but it indicates that although we have lots of initiatives, a number of the strands are not being joined together, a point to which I will briefly return in a moment.

--- Later in debate ---

I also want to remind the House that the new Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 came into effect on 1 June. They apply to new tenancies from 1 July and to existing tenancies from 1 April 2021. These regulations require that electrical installations must be inspected and tested by a qualified and competent person at least every five years. Electrical safety standards must be met, and electrical installation condition reports must be provided to tenants and local housing authorities on request. In addition, the Government’s “How to let” guide already recommends that landlords regularly carry out portable appliance testing on any electrical appliance they provide and then supply the tenant with a record of any electrical inspections carried out, as good practice.

[Andy Slaughter]

In Grenfell Tower, there will have been secure tenants,

leaseholders and private tenants. Why should regulations apply to some of those groups and not others just on the basis of tenure?

[James Brokenshire]

I was coming on to precisely that point. In her review, Dame Judith Hackitt recognised that residents themselves have a role to play and recommended clearer rights and obligations for residents to maintain the fire safety of individual dwellings, working in partnership with the duty holder. There are provisions on this within the draft Building Safety Bill, published in July, setting out a clear duty.

A number of different measures are in place, but I take the points that my hon. Friend the Member for Southend West made very seriously. The Government are committed to ensuring that the electrical products that people buy are safe. I recognise the concerns, and we will look across Government at whether there are any gaps in the current regime and proposals to strengthen accountability in this area. I give that assurance to my hon. Friend to work with him. I would like to pay tribute, as he did, to Electrical Safety First for its important work in this arena. I hope to work with my hon. Friend and colleagues across the House to identify gaps, and if there are still gaps, we, like so many Members, want to see those filled effectively. With that assurance, I hope my hon. Friend will be willing to withdraw his amendment.

I turn to the new clauses, which were tabled in Committee, as the hon. Member for Croydon Central highlighted. On new clause 2, I agree that there is a clear need for reform in relation to fire risk assessors, to improve capacity and competency standards. That includes the role for the industry-led competency steering group under the Ministry of Housing, Communities and Local Government’s building safety programme and its sub working group on fire risk assessors. That group is looking at ways to increase competence and capacity in the sector. The competency steering group will publish a final report shortly, including proposals in relation to creating a register of fire risk assessors, third party accreditation and a competence framework for fire risk assessors. The Government will give detailed consideration to the report’s recommendations.

The Government are also working with the National Fire Chiefs Council, the fire risk assessor sector and the wider fire sector to take forward plans for addressing both the short-term and long-term capability and capacity issues within the sector. The fire safety consultation will also bring forward proposals on issues relating to competence. Members are understandably keen for this work to be brought forward, but it is vital that we get this right and that the Government listen to the advice in order to frame this effectively and appropriately. Once the fire safety consultation responses have been considered—as I said, it closes on 12 October—the Government will be able to determine the most appropriate route to implement changes.

New clause 3 seeks to impose a new duty on inspectors to prioritise their inspections of multi-occupied residential buildings by risk. I would like to underline some of the comments made by my hon. Friend the Minister for Crime and Policing in Committee. As he said, the Government’s position is that adequate and established arrangements are in place to ensure that enforcement authorities target their resources appropriately and are accountable for their decisions without the need to make it a statutory requirement. The fire and rescue national framework for England requires fire and rescue authorities to have a locally determined risk-based inspection programme in place for enforcing compliance with the fire safety order. The framework sets out the expectation that fire and rescue authorities will target their resources on those individuals or households who are at greater risk from fire in the home and on those non-domestic premises where the life safety risk is greatest. The national framework for Wales includes similar provisions.

In parallel, the regulators’ code states that all regulators should base their regulatory activities on risk, take an evidence-based approach to determine the priority risks in their area of responsibility and allocate resources where they would be most effective in addressing those priority risks. The building risk review programme, which will see all high-rise residential buildings reviewed or inspected by fire and rescue authorities by the end of 2021, is a key part of this.

The programme will enable building fire risk to be reviewed and data to be collected to ensure that local resources are targeted at the buildings most at risk. The Government have provided £10 million of funding to support that work, not only to facilitate the review of all buildings, but to strengthen the National Fire Chiefs Council’s central strategic function to drive improvements in fire protection. That is in addition to a further £10 million grant to bolster fire protection capacity and capability within local fire and rescue services. The allocation of funding is based on the proportion of higher-risk buildings, further demonstrating the need to target resources at risk. I remind the House that we have also established the task and finish group that will be responsible for providing a recommendation on how the Bill should be commenced before the end of this month—obviously I have commented on that work and how the group is expected to report.

Fire Safety Bill

Andy Slaughter Excerpts

Consideration of Lords amendments & Ping Pong & Ping Pong: House of Commons
Wednesday 24th February 2021 Commons Chamber

[Felicity Buchan (Kensington) (Con)]

This Bill is very important to me and my constituents, and I want to pay tribute to the Grenfell community—the bereaved and the survivors. I want the Bill to be implemented as quickly and as robustly as possible so that it is not subject to any future uncertainty or challenge.

We need to get on with this. We need to stop all the ping-ponging between this place and the other place. It is very clear that there is a systematic scheme here. There is this Bill, which is very simple. We have had the consultation on the fire safety orders and the regulation. We need to get on with that. We need to implement that work and then get on with it. We then need the Building Safety Bill. That needs to come to this House and, again, we need to get on with it. We owe that to my constituents.

The first phase of the Grenfell inquiry report came out in October 2019, 16 months ago. We, collectively—both in this place and the other place—need to get this legislation implemented and make sure that these dangerous buildings are remediated. The more we talk, the more we argue, nothing gets done—and there are dangerous buildings out there.

We have a simple piece of legislation that we can get enacted. We have a big pot of money. The totality of the pot could be as high as £10 billion. Let us implement this legislation, let us start assessing and prioritising the buildings, and let us start spending this Government money. We have time to review the details of the financing scheme. I just want to make the point that, yes, the Government are taking responsibility for buildings over 18 metres, but there is a reason for that: buildings over 18 metres, according to all the independent risk assessors, are way more dangerous. They are four times more likely to have fatalities.

I empathise hugely with leaseholders, but there is still a subsidy in there for leaseholders of buildings between 11 metres and 18 metres. So let us just get on with this today. After that, we can review the details of the financing package and amend the Building Safety Bill, but this Bill is the first step and we need to get on with it.

[Andy Slaughter (Hammersmith) (Lab) [V]]

It is shameful that this modest Bill is the Government’s legislative response thus far to Grenfell, almost four years after that tragedy took place. We might expect, therefore, that it would at least address the most significant and urgent wrongs that the Grenfell fire brought to the Government’s attention. The purpose of the Bill is to update the fire safety order and better manage and reduce the risk of fire. What better and more straightforward way of achieving that than to implement the recommendations of part 1 of the Grenfell inquiry, which deals with issues such as the inspection and maintenance of lifts and doors, and having proper systems of evacuation in place and communicated to residents? It is impossible to imagine those steps, backed by the moral and legal authority of the inquiry, not becoming law. That is the purpose of Lords amendment 2.

Although safety is the paramount concern, the treatment of leaseholders and tenants living in unsafe blocks is a wholly new scandal that this Bill will fail to address unless Lords amendment 4 is agreed today. Those tenants should not bear the cost of remedial work to their flats where they did not and could not have known the risks posed by their construction. The Government do not seek to deny that, but instead make a series of partial concessions. That is the wrong approach. We should start, as amendment 4 does, with the presumption that remedial costs attributable to the Bill should not be borne by leaseholders. They should not be borne by tenants or social landlords either, or by the rents of the least well off or the limited funds set aside for the provision and repairing of social homes.

The cynical disregard for the lives of our fellow citizens that Grenfell exposed will take years, billions of pounds and the concentrated efforts of the Government and industry to address. Building design, materials, construction, maintenance and inspection are all in the dock. Height is a factor, but so is who the occupants and users are and how they are taught to behave, especially in an emergency.

For the Government constantly to adopt a reductive approach to the crisis is irresponsible. This is not just about one or two types of cladding, buildings over 18 metres or residential buildings. Today is an opportunity not to address all those issues, important as they are, but to show a serious intent to act now on the most obvious faults and injustices. The Government should take it by accepting all the amendments before the House.

[Bob Blackman (Harrow East) (Con) [V]]

It is a pleasure to follow the hon. Member for Hammersmith (Andy Slaughter). This is a horrendously complicated issue involving cladding—ACM, high-pressure laminate and other forms of inflammable cladding—fire safety measures and the height of buildings. I warmly welcome the fact that the Government have come up with the money to remedy the most unsafe buildings—tall buildings—and the cladding that was put on them, which fails to provide safe accommodation to residents.

The reality is that the £5.1 billion will remediate only the unsafe cladding and will not do the comprehensive work. The issue then becomes one of the fire safety work that has to be carried out as well. There is no funding to provide for that, so it has to be paid for by someone.

I have a series of suggested tests that could apply. The first is that, emerging from the Grenfell inquiry, it is quite clear that the ACM cladding was illegal, so those responsible for developing the cladding and putting it on the building must pay for the remediation in all other buildings where that is the case. Similarly, for other forms of unsafe cladding, if those people fail to accord with the building regulations that exist at the time, they should pay the cost of removing and correcting it.

Leaseholders could not reasonably have been expected to foresee the fire safety issues when they bought the leases on their flats, so the fundamental issue is that they should not have to pay the cost of remediation, either of cladding or of fire safety defects. My hon. Friend the Minister said that he finds the amendments defective. My challenge to him, when he responds to this debate, is to make it clear from the Dispatch Box that the Government will bring forward proposals in the Lords to amend the Bill to make sure leaseholders do not pay.

The defence seems to be that the Building Safety Bill will eventually come through and be implemented. The problem is that we have sat through the pre-legislative scrutiny of that Bill and recommended at least 40 changes to it. It will take probably 18 months for it to reach the statute book, and then we have the secondary legislation. Leaseholders do not have the time: this work needs to be carried out now. The industry estimates that it will take some four years to implement all the safety works required. It must be made clear that the leaseholders are not the ones to pay.

Currently, leaseholders cannot insure or sell their properties and no one wants to buy them. We are in danger of freezing the housing market because of this problem. I urge the Minister, when he responds, to—