Fire Safety and Cladding

Andy Slaughter Excerpts

Wednesday 23rd January 2019 Commons Chamber

[Mr Reed]

The hon. Gentleman makes an important point, with which I have great sympathy. I believe that in this particular case the investigation is also in the hands of the police, because we do not yet know whether arson lay behind the tragedy at the Shurgard facility on Purley Way in Croydon.

[Andy Slaughter (Hammersmith) (Lab)]

My hon. Friend is making a strong point that—I am sure he will come on to this—applies as much to residential fires as to the case he is talking about. First, there is the issue of insurance, with people in these situations often underinsured or not insured. There is also the issue of who is liable. As he says, the case he is describing may be a criminal matter. At Shepherd’s Court in my constituency, there was an obvious cause—it was a tumble-drier fire—but the manufacturer denies liability and will not pay out. As a consequence of cases like that, people can lose everything and go for years and years without being able to replace their belongings.

[Mr Reed]

My hon. Friend makes an important point. I am also interested in the insurance aspects of this case, including whether people were wrongly advised by the self-storage company about the level of insurance that they should have taken out and, indeed, whether there was mis-selling of insurance. I have contacted the relevant authorities—the Financial Conduct Authority and others—to seek their advice. I hope we can bring that issue back to the Chamber at the appropriate time, and I would be delighted to work with my hon. Friend on that, since he has an interest in it.

I return to my attempt to establish the extent of the harm that has been caused to people’s lives by the fire. I met another woman—a customer—who had stored in the facility her mother’s and her grandmother’s ashes. One simply cannot imagine what it would feel like for an individual to lose something of such enormous human value to them.

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[Mr Reed]

I am grateful for that helpful intervention and look forward to hearing the Minister’s response.

I said that there were concerns about the state of the building regulations and the guidance, and it is worth exploring briefly how we got into a position where the regulations were so lax or could be interpreted in such a way. Back in 2009, there was a fire in Lakanal House in Camberwell, central London, that resulted in the death of six people, including a baby. An inquest conducted an inquiry, which took a number of years, and reported in 2013 in a very long document that contained some very clear recommendations. The inquiry said that the fire safety regulations—specifically, part B of the building regulations, which cover fire safety, and the associated guidance—were unclear, and that that was the reason why unsafe and combustible cladding was being strapped on buildings where people lived with their families. The coroner was absolutely clear that if that lack of clarity was not remedied, we would be running the risk of further fires and further deaths.

[Andy Slaughter]

I mentioned Lakanal House, where six people died 10 years ago, yesterday. There was combustible material involved, but it was not ACM cladding. Is it not extraordinary that the Government’s building safety programme is only tracking identification and remediation of residential buildings over 18 metres with ACM cladding? Should not the programme apply to all potentially combustible cladding?

[Mr Reed]

I agree with my hon. Friend. It is absolutely extraordinary that we are not looking, right now, at a ban on all forms of flammable cladding. It is now 10 years later.

What we see now is still evidence of a go-slow and foot-dragging approach by the Government that is highly inappropriate—I would almost say negligent—given the risk to life that we know exists from the deaths that happened at Lakanal House and those that happened in even greater numbers at Grenfell Tower. [Interruption.] It is no good the Minister shrugging his shoulders and grunting from the Front Bench. Grenfell happened after Lakanal because Ministers refused to act on the guidance—the instruction—that they were given by the coroner. Eric Pickles, who was the Secretary of State at the time, refused to act on the advice given by the inquest into Lakanal House in 2013. In 2016, because it had not been banned, ACM cladding was strapped to the outside of Grenfell Tower. In 2017, it went up in flames and 72 people lie dead as a result. It could not be more serious.

We need properly to understand how this came to be, why the Government did not act, and why the Government still have not acted to ban that type of cladding from buildings. They are talking about banning it, but all flammable cladding has not been banned from all buildings—[Interruption.] The Minister will have an opportunity to respond later in the debate, and we look forward to hearing him. [Interruption.] If he wants to intervene, I will take his intervention.

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[Andy Slaughter (Hammersmith) (Lab)]

I am grateful for the time that has become available to make some brief remarks, although my hon. Friend the Member for Croydon North (Mr Reed) set the case out fully and persuasively, covering many of the points.

We all wait keenly to hear what the Minister has to say in his response. Notwithstanding his comment that we went through all this yesterday, rather than being bored by the subject or not interested in responding, he should seize the opportunity to give a fuller account of where the Government stand. As my hon. Friend set out, the Government’s inactivity and partial solutions mean that we are in a state of some confusion—certainly our constituents are—and severely worried about the risks that remain. That is not scaremongering; those are real concerns felt by our constituents.

In a block in my constituency—I am going to a residents’ meeting tomorrow night, the fourth on the removal of flammable cladding that I will have attended—the residents are fortunate in the sense that they have a housing association as a landlord, it has accepted liability and is removing the cladding at its own expense, and it is prepared to put up non-flammable cladding instead. The situation is still incredibly worrying: fire marshals have been in for periods, and there are concerns about the structure and other potential damage to the building, causing a huge amount of anxiety and of time taken up in negotiation.

I feel very much for my constituents and those of other Members who do not have similar advantages, but that introductory point allows me to say that the problem is widespread and hugely complicated. The Government seem to rely, as if on a crutch, on the Dame Judith Hackitt report. It is a good report, but it approaches the matter in a certain way—she would like to see a “golden thread of information” through UK projects from “design and construction” to “operation”—and at the moment we do not have a clear picture of which buildings are at risk.

Dame Judith can set out a preferred method of operation, but that does not resolve any of the many problems, or the conflicts of interest over time, set out by my hon. Friend, and nor does the report actually implement anything. Those are both matters for Government, and in those respects they are singularly failing. In clarification from the Minister, I want to hear in respect of existing buildings with all types of flammable cladding what the Government’s policy is likely to be. My understanding, from responses to questions I asked before Christmas, is that the policy is likely to cover residential buildings, buildings over 18 metres and buildings with aluminium composite material cladding systems. That excludes a very large number of buildings that we know could have flammable cladding. I cannot understand the logic of the policy not being comprehensive, other than that the Government might not want to put in the resources or are phasing it in over a very long time.

[Kit Malthouse]

In all the assessments we make or have made around the ban on combustible cladding, we are guided by the expert panel. It is effectively the expert advisory panel that is setting the 18-metre limit, deciding which buildings are within scope and where there is most risk to life. This decision has not been made by politicians in the absence of expert advice. As I said yesterday, I cannot pretend to be a fire safety expert. Both I and the Secretary of State take into account the advice of a group of people that includes Dame Judith Hackitt, and it advises us regularly on these measures.

[Andy Slaughter]

With respect to the Minister, he may be listening to what he wants to hear. He should listen to a wider range of voices. I will give an example. In yesterday’s urgent question, several Members—I was not one of them—mentioned the Rockwool company. I have quite a knowledge of this, because I have three very tall buildings—over 23 storeys—in my constituency that are just a few hundred metres from Grenfell Tower and which were fully clad by Rockwool. Following testing, the local authority was able to assure tenants that it was non-flammable cladding and that it met some of the highest standards.

The Minister, with almost wilful misunderstanding, said yesterday that he was not there to listen to people promoting individual companies. That is not the point. No one is promoting the commercial interests of Rockwool—in my dealings with it, it has been perfectly clear about that. We are pointing out that its standards are higher than many others in terms of the combustibility of the cladding, the insulation and the combination of materials. That is the point. No Member on either side of the Chamber is standing up and saying, “Please buy this particular product”; we are asking the Government to listen to the voices saying that their limitations and expectations do not go far enough.

[Kit Malthouse]

I want to reiterate what I said yesterday. I agreed with whoever it was who questioned me that it was not appropriate for us to promote a particular product from a particular company. As the hon. Gentleman says, the job of the Government is to set the standards, through building regulations, to which products must adhere and to make sure that the regulatory inspection regime works so that people can have confidence that the right product is being used in the right place. To reach those assessments, the Government require the advice of non-commercially interested expert opinion. The British people would not think it unreasonable for us to assemble a group of fire safety experts to advise on those standards and the circumstances in which they should pertain. That is all I am saying. As far as I can see, the Government are acting perfectly reasonably in taking this kind of advice. He may well dispute that advice, and he might think he can go further, but he needs to find evidence of where his expertise is coming from, and if it can be demonstrated that the independent expert advisory panel—the great and the good of fire safety—is incorrect, of course we will listen.

[Andy Slaughter]

I find the Minister’s attitude astonishingly complacent. I am a member of the all-party group on fire safety rescue, which has done a lot of work on this, but it cannot possibly compete with the resources of the Government, so let us not be ridiculous about who should do the groundwork. I have taken part in a number of seminars with a number of experts. On those occasions I have heard a variety of views, but even now I still hear, from experts, manufacturers and others, special pleading for the acceptability of either leaving combustible materials—some of them more combustible than the materials used on Grenfell Tower—on blocks, or continuing to install them. That terrifies me, and I think that it ought to worry the Minister.

[Jon Cruddas]

When it comes to the question of complacency and how much confidence we have in the system, I should repeat what I said earlier today about the laggers who put in the insulation, and who are aware of health and safety reports that undermine confidence in the materials that the Government are standing by on behalf of their regulatory bodies. Something must be systemically wrong if the guys who put the stuff on these buildings—and they are guys—are aware of that, and have commissioned reports because they are being damaged by those materials. If they are aware of it, it should not be beyond our collective wit for the Government to be aware of it.

[Andy Slaughter]

My hon. Friend has made a telling point. We will not find things that are wrong unless we go and look for them, and I do not feel that the Government are going to go and look for them.

[Mr Reed]

I completely agree with my hon. Friend’s point about the cladding manufacturers seeking better reassurance for themselves. Of course, it is not just the cladding that is flammable; it is the combination of the cladding with the insulation. Because the Government permit what are called desktop studies—

[Mr Reed]

—which have allowed a particular cladding to be enriched with a particular form of insulation, they do not always know what is being put together and how dangerous that will be, and the cladding manufacturers do not want to know that their products are being used in ways that threaten life.

[Andy Slaughter]

I think that the Minister was trying to intervene on an intervention. I am glad to see that he at least has some interest in the subject. I shall make a little progress, and then I will take an intervention from him.

My hon. Friend is absolutely right. I do not think we are being paranoid about this. What concerns us is that a whole industry has developed on a defective basis over time, and has not been corrected: it continues to function as an industry and to make profits. No one is saying that we are going to wipe the slate clean overnight, but a lot of people have a lot to hide, and I therefore think it particularly important for the Government—who, as my hon. Friend the Member for Dagenham and Rainham (Jon Cruddas) said, may have something to hide as well—to be rigorous in shaking this out. They should look at the history—at the defects and malpractices that have grown up over the last 10 years or more—but they should also be very sceptical in future about some of the advice that they are getting. They should obtain the broadest possible range of advice.

[Kit Malthouse]

Let me again correct the record. I do not know whether the hon. Gentleman was absent in December, but he should know that we have banned desktop studies, and restricted them in other circumstances, to try to discourage their use. We did that before Christmas.

The hon. Gentleman made a good point about the effect of insulation combined with cladding. Our ban on the use of combustible materials on buildings more than 18 metres high applies to everything that makes up the skin of a building, and that includes the insulation, not just the cladding. The 18-metre rule was of course introduced on the basis of advice from the expert panel. As I have said, if there is evidence to show that there are significant dangers to buildings that are less than 18 metres high, we will of course be happy to look into it.

I realise that Labour Members are trying to make this point, but I want to dispel the idea that we are complacent, because that is absolutely not the case. An enormous amount of effort, time and energy has been put into getting this right, and a large number of voices have been prayed in aid.

The hon. Gentleman is correct in saying that a defective industry has grown up over the last 20-odd or 30 years, under Governments of all stripes. As I said yesterday, the Grenfell disaster lifted a big flat rock from the building regulation system, which has not been functioning well for some time. It falls to me, and to the Secretary of State, to play our part in correcting that, and we are trying to do so with all speed.

[Andy Slaughter]

I am grateful for that “intervention”. I think that the Minister was using me as a kind of Ouija board to communicate with my hon. Friend the Member for Croydon North, but that is fine.

[Kit Malthouse]

We are not short of time.

[Andy Slaughter]

Returning to the central point, what we all want is the Government to take a comprehensive view of these matters in respect of both existing and new buildings. My understanding is that only a selective number of existing buildings are covered, based on height, use and the type of material used. I ask the Minister to confirm how far their scrutiny goes at the moment, and explain why he thinks it should not go further. The Government did make announcements on new buildings back in October; they talked about high-rise residential buildings, including schools, hospitals, student accommodation and care homes. That excludes certain types of building—such as office buildings, as has been said—and we cannot see why that is the case.

[Emma Hardy]

The announcements fail to recognise that most schools are not particularly high. I do not understand why the Government do not include all schools in this list, or else they are pretty much ruling out every school in the country.

[Andy Slaughter]

Absolutely; and if the Minister did not like us quoting commercial companies in this way, perhaps he will listen to the Local Government Association. It continues to strongly urge the Government to ban the use of any combustible materials, including cladding panels, insulation and other materials, on the external walls of high-rise and high-risk buildings—including all hospitals, care homes, schools both residential and non-residential, and offices—of below, as well as above, 18 metres in height. That reinforces my hon. Friend’s point. I understand that the Government are considering height again, but hopefully they will do that quite quickly and come to the conclusion that it is a somewhat arbitrary determinant, because there are other factors, such as means of escape, that can control how easily buildings can be evacuated. That is why I say this is a very partial solution.

If the Government do not like the LGA, perhaps they should listen to the Association of British Insurers. In all my experience in the time that I have been here, the Government have been the greatest friends of the insurance industry, and that has been mutual, but in the briefing for this debate the ABI says that it

“remains concerned over the limitations of the MHCLG ban, including the exclusion of buildings lower than 18m and limiting the ban to only care homes, hospitals and student accommodation. It makes no sense that someone can live in a high-rise residential building to which the ban applied but commute to work every day in an office block covered in combustible material.”

That is just common sense, but it comes from an industry body. I will wait to hear the Minister’s response on that.

There are other issues that go beyond fire safety. Some Members took the opportunity to raise them during yesterday’s urgent question, and the Minister commented yesterday that he was quite in favour of ’60s and ’70s buildings coming down per se—a radical solution, which was picked up by Inside Housing. I would give a qualified welcome to that: yes, if they are unsafe, unsuitable or not performing their function, but given the extraordinary housing shortage that this Government have presided over, perhaps the Minister should insist that we get rather more going up than coming down.

[Kit Malthouse]

What I said yesterday was that it was very often the case with buildings of the ’60s and ’70s that it was more efficient, and financially easier, to demolish and replace than to refurbish, and that many of these buildings, particularly LPC buildings, present technical difficulties that make them very expensive to deal with. I would add, frankly, that given the lessons over the years of high-rise living, councils should consider whether people would prefer to live in lower-rise, more gentle-density housing that could be provided on the same space.

[Andy Slaughter]

I will not be tempted into a wider debate, except to say to the Minister that it depends very much on the circumstances. Sometimes it is a matter of choice, and many high-rise buildings offer very good-quality accommodation and have good space standards. The space standards of the 1960s and 1970s often gave people very good, large accommodation, so I think he needs to be careful before wishing to be an iconoclast in quite the way that he does.

I find it deeply troubling that, as my hon. Friend the Member for Croydon North has said, there are still probably hundreds of thousands of people around the country living with insecurity. Nobody wants to exacerbate that unnecessarily. The Government must be clear and authoritative in the way that they present their plans to deal with the risks that Grenfell so tragically exposed. I will quote one more thing that the Minister said yesterday. He said in response to the right hon. Member for Chelsea and Fulham (Greg Hands):

“It can be extremely debilitating, concerning and worrying for any resident to have the future of their home mired in uncertainty. I hope that he gets the clarity that his residents need.”—[Official Report, 22 January 2019; Vol. 653, c. 137.]

He was responding to the right hon. Gentleman about a separate issue, which is being dealt with by the same local authority, Hammersmith and Fulham. I understand that that authority is being extremely responsible in relation to fire safety generally and also in relation to the specific blocks that were mentioned there. Indeed, there is a council meeting tonight to discuss that. It is about dealing with the system-built blocks of which Ronan Point was an example. Some local authorities, including my own, are dealing with these matters very responsibly. I absolutely agree that residents need to be given certainty, so it is ironic that within a few minutes’ walk of those blocks that were being discussed yesterday there are two estates—the West Kensington and Gibbs Green estates—that have been under threat of demolition because of the actions taken by the previous Conservative council, in collusion with the regime at City Hall when the Minister was there. So we can all learn lessons from this.

On fire safety, the Government have a lot more to say and a lot more action to take, and I hope that the Minister will go some way towards doing that this afternoon by telling us what the Government’s intentions are now in relation to existing cladding systems and any future new buildings, of whatever type.

[Several hon. Members rose—]

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[Kit Malthouse]

I am happy to review the panel, but I have confidence in its members and the advice that they are giving, not least because they are a plurality of voices. The panel does include Dame Judith Hackitt, along with several other people who have been involved in the fire and rescue service over the years, but I am happy to review its membership, as we would do generally, to make sure that we have the right range of expertise thereon.

As part of our plans, we also have our new joint regulators group and our early adopters group. They have come forward to help to drive culture change and demonstrate that the industry can put building safety first. I recognise, though, that there is much more to do. Our implementation plan, which we published before Christmas, sets out what the far-reaching overhaul of the system will involve over the coming years. The work spans four areas: first, a stronger, more effective regulatory and accountability framework; secondly, clearer standards and guidance to support better understanding by those carrying out building work of what is required to make buildings safe. This is an area in which we have already taken action, by consulting on a clarified approved document B to enable the guidance to be revised. We have also completed a consultation on restricting the use of desktop studies and published amended guidance on this matter. Thirdly and most crucially, a stronger voice for residents will be at the heart of the new system. Finally, the implementation plan sets out how we will work with industry to help it to prioritise public safety and lead the culture change—a change that we all agree is badly needed.

[Andy Slaughter]

Will the Minister address one specific point? We have seen the conversion of a lot of office buildings for residential use, which the Government have been promoting for some time under the permitted development rules. A lot of these conversions are of poor quality and, frankly, the buildings are unsuitable for residential use, but they have been converted anyway. I understand that, if that happens in future, the building regulations will subject converted buildings to the same requirements as new builds, but what about those that have already been converted? Will the Minister look into that specific issue in relation to cladding?

[Kit Malthouse]

Buildings that have already been converted and are within scope should have been part of the local authority inspection regime to ensure that they are safe. All buildings obviously have to comply with fire safety regulations and the local fire and rescue service should be engaged. I am more than happy to write to the hon. Gentleman with the details on how we are dealing retrospectively with buildings that were converted under permitted development rights.

Before I close my speech, let me turn to a couple of the specific points that were raised. On self-storage, as I said to the hon. Member for Croydon North, current regulations are focused on life safety and have been for many years. Pleasingly, the number of deaths and injuries in commercial fires is very low, but that does not mean to say that we should be complacent and should not consider the issue. We have called for evidence on the review of approved document B and therefore do not rule out any changes to commercial fire regulations in those circumstances as well.

Following Grenfell, all schools, colleges and universities have been contacted to tell them to carry out building checks. All schools have to follow a range of strict fire safety regulations, which are designed to ensure that schools are as safe as possible and extremely well prepared in the event of a fire. The Department for Education has conducted an exercise to review all its buildings and has taken action where necessary. We continue to work closely with the Department.