Oral Answers to Questions

Debate between Andy Slaughter and Kit Malthouse

Tuesday 22nd March 2022 Commons Chamber

[The Minister for Crime and Policing (Kit Malthouse)]

I am pleased that my hon. Friend recognises that dozens of teams of offenders are fanning out across England and Wales and doing fantastic work, paying back into their community by improving the environment. My hon. Friend has been a persistent campaigner on the antisocial behaviour that quad bikes bring to his constituency and I know he will have conversations with his local police and crime commissioner about what the police can do to catch the individuals responsible. When they do catch them, it is absolutely appropriate that they pay back into the community through the kind of work that we now see on a daily basis. It might also be appropriate to GPS tag offenders so that we know where they are moving at speed off-road.

[Andy Slaughter (Hammersmith) (Lab)]

If, as the Secretary of State said earlier, he is concerned about the oppressive use of litigation costs in SLAPP cases, will he look into the same problems in respect of media cases? Will he consider introducing—perhaps in his Bill of Rights—the type of low-cost arbitration recommended by the Leveson inquiry?

Metropolitan Police: Stephen Port Murders Inquest

Debate between Andy Slaughter and Kit Malthouse

Monday 13th December 2021 Commons Chamber

[Kit Malthouse]

I have to confess that I object to this characterisation that I do not care or that we do not care about these individuals. It is completely unfair and completely untrue, not least to those members of the Government who happen to be of that description themselves—[Interruption.] No, many of us have worked on these issues addressing all sorts of communities, whether it is domestic murders or murders in minority communities. The murders of all sorts of people are profoundly important to us. That is why we have set murder as a national priority. If it is of interest to the House, last week I got the police chiefs of the seven biggest contributors to the murder total in this country around a table to talk about how we can further drive murders of all types down. This is a particularly unpleasant murder—[Interruption.] I understand the alarm and distress it will have caused across the country. We need to learn the lessons from it and we are determined to do so.

[Andy Slaughter (Hammersmith) (Lab)]

The Minister’s response to the urgent question from my right hon. Friend the Member for Barking (Dame Margaret Hodge), which should have been a statement from the Home Secretary, is extremely disappointing. I have dealt with the Met for more than 30 years, as a lawyer and as a politician, and I can remember few cases as serious as this, both because of the callous incompetence of the investigation and because of the consequences in the loss of lives of those young men.

All I have heard from the Minister today, and from the senior members of the Met—London MPs are just about to go to talk to them—are platitudes. I have heard platitudes specifically because they will not address the homophobic nature of these murders. That is not being addressed because it will not be included in the inquiry, and the Minister will not establish a full inquiry. He needs to order that now. A BBC series on this issue is starting on 3 January; it is not going to go away. He is entitled to his view that the Met is not institutionally homophobic—I would take a different view—but he is not entitled not to investigate that and to sweep this issue under the carpet.

[Kit Malthouse]

First, it is not the case that this matter is not being investigated further. As I have outlined several times, a number of lines of inquiry are being pursued, both about the Met’s investigation generally and its culture more specifically, and the IOPC may or may not reopen the investigation into the officers. So it is not the case that this has reached some kind of dead end, as some Opposition Members seem to be implying. It is simply not true to say that we are not bending every sinew to try to identify those who are likely to murder, in all different circumstances, whether domestic or through drugs—whatever the circumstances are. As I say, just last week I sat the seven biggest forces down and we had a three-hour session to look at what more work we could do to identify those who are likely to go on to commit such crimes: what their precursor behaviour is; what indications there are in their background; what data pools we could put together, whether that is their background offending or intelligence about them, that would give us clues towards what they were likely to do and allow us to intervene before. That enormous project of work has been under way for two years, and I hope and believe it will drive down murder numbers in the next few years to come. It is very unfair to accuse us of not taking these murders extremely seriously—that is exactly what we are doing and we are determined to make sure that they do not happen again.

Trespass

Debate between Andy Slaughter and Kit Malthouse

Monday 19th April 2021 Westminster Hall

[The Minister for Crime and Policing (Kit Malthouse)]

It is a great pleasure to appear under your beneficent hand on this beautiful spring day, Mr Bone. As I am sure colleagues are aware, the debate was convened on the strength of an online petition submitted on 5 September last year. Since then, the Government have published our response to the public consultation “Strengthening Police Powers to Tackle Unauthorised Encampments”, and we have introduced the Police, Crime, Sentencing and Courts Bill, which sets out our measures to introduce the new criminal offence. I am grateful to my hon. Friend the Member for South Ribble (Katherine Fletcher) for her introduction to the debate, and to all hon. Members who have participated.

I understand that those who signed the petition were primarily concerned about the impact that the new offence might have on the ancient freedoms of walkers and the wider public to access the countryside. As somebody who represents 220 square miles of beautiful chalk downland in the northern part of Hampshire, I am pleased to be able to say that those who wish to enjoy the countryside, including in my constituency, will not be prevented from doing so by the offence. We made that clear in our response to the consultation, and the clauses currently before Parliament set out the circumstances in which the new powers can be used.

Our proposals, which were included in our manifesto, are aimed squarely at unauthorised encampments. For many of our constituents, and for landowners, those cause damage, destruction or distress, as well as causing significant cost to local authorities. Residents often feel helpless as their local amenities are damaged or disrupted, and for some councils, such as in Birmingham in 2016, with £700,000 of clean-up costs, the bills can be huge. I have seen that repeatedly in my own constituency.

It is only right, then, that the Government seek to protect citizens and strike a balance for those who are adversely affected by unauthorised encampments. The measures that we are introducing in the Bill will give the police the powers to bring an end to the misery caused by some unauthorised encampments. The new criminal offence will apply where a person who resides on land with a vehicle causes significant damage, disruption or distress and does not leave when asked to do so. That means that the powers will not apply to people camping in tents in the countryside or to others who inadvertently stray on to private land.

The Government have also amended the Criminal Justice and Public Order Act 1994, which gives police the power to direct people away from land in the first instance when they are causing lower levels of harm, disruption or distress. We will broaden the types of harm that can be caught under that provision to include physical damage to the land and non-physical damage, such as damage to the environment, which includes excessive noise and litter. Disruption includes an interference with a person’s ability to access any facilities located on the land or otherwise make lawful use of the land, or with a supply of water, energy or fuel. Offensive conduct, such as threats or abuse, is also covered. We will also increase from three months to 12 months the period for which trespassers directed away from the land must not return. We will enable police to direct people away from land that forms part of a highway.

I reassure hon. Members again that those who wish to access the countryside to walk, hike, climb or cycle—as many of us love to do—will not be caught by the measures. We all have the right to enjoy the beautiful national parks and green spaces that this country has to offer, and we will be able to continue to exercise that right, even when the Bill is passed. I am sure that that will come as welcome relief to those clubs, associations and individuals who have taken the time to write to their MPs or the Home Office about the issue.

[Andy Slaughter]

Will the Minister explain why he thinks that the organisations that he indicates, such as the Ramblers Association, whose comments I read out, are not at all persuaded by the Government’s view? Will he, the Minister for Policing, address the police’s concerns? They do not believe that the provisions are sensible. Will he also address what the shadow Minister, my hon. Friend the Member for Croydon Central (Sarah Jones), said about equalities and human rights law? He must be familiar with the leading cases of Chapman v. UK and Bromley v. Persons Unknown. Does he think he will face legal challenges if this goes through?

[Kit Malthouse]

I will come on to many of those issues later in my speech if the hon. Gentleman will be patient.

We received significant support in the consultation for some of these measures. Some 94% of local authorities that responded to the consultation supported one or more of the proposed amendments. The Criminal Justice and Public Order Act, to which the hon. Gentleman referred in his speech, will extend the powers of the police to direct trespassers away from land.

During the passage of the Bill, I hope we will be able to reassure the groups that have perhaps taken alarm at these measures that they will not be affected. Let us remember that there is the lock that significant harm and disruption must be under way and that people must be residing with a vehicle, so this does not cover ramblers, who, presumably, are without a vehicle—I am not sure whether a canoe counts as a vehicle or indeed whether one can reside in a canoe. Therefore, those who are wild camping or enjoying the countryside will be unaffected. Hopefully, that will come as a relief.

I now turn to the impact on Traveller communities set out in the petition statement. The legislation is not anti-Traveller and it would be wrong to portray it as such. We know that a small minority of people in unauthorised encampments cause harm, disruption and distress, but the vast majority of Travellers are law-abiding citizens, and unauthorised sites can often give an unfair and negative image of their communities. Enforcement will obviously not be based on ethnicity. Rather, anyone who causes significant harm, disruption or distress under the specified conditions and who refuses to leave when asked to do so will be caught by the offence. The Government want to ensure fair and equal treatment for all travelling communities. Settled and travelling communities should be able to live side by side harmoniously, and indeed integrate. We hope that the clear rules and boundaries that we are putting in place will facilitate that. The police are fully trained, and we expect that their actions will continue to be compliant with equality and human rights law.

The Government remain committed to developing a cross-Government strategy, as mentioned by my shadow, the hon. Member for Croydon Central (Sarah Jones), to tackle the inequalities faced by Gypsy, Roma and Traveller communities. We are also committed to supporting the provision of Traveller sites via the new homes bonus. This provides an incentive for local authorities to encourage housing growth in their areas and rewards net increases in effective housing stock, including the provision of authorised Traveller pitches.

In addition, the £11.5 billion affordable homes programme will deliver a wide range of affordable homes to meet the housing needs of people in different circumstances and different housing markets, and will include funding for new Traveller pitches. Data shows that we have seen an increase in the number of caravans on authorised sites from 14,498 in July 2010 to 20,043 in July 2019, showing that this locally led planning system works. We expect that local planning authorities should assess the need for Traveller sites in their areas and make provision accordingly. Local authorities are best placed to make decisions about the number and location of such sites locally, having due regard to national policy and local circumstances.

Finally, I note that the e-petition refers to the impact that the new offence will have on clamping down on peaceful protest. Of course, the right to protest is a fundamental human right and is central to our democracy. Although the new offences do not apply to protests, we are introducing other measures in the Bill that will enable the police to better manage highly disruptive protests, striking a better balance between the rights of protestors and the rights of others to go about their business unhindered.

[Andy Slaughter]

Will the Minister give way?

[Kit Malthouse]

I will not. I hope this Chamber is reassured that the measures the Government are taking are right, balanced and measured. We are delivering on one of the manifesto commitments that we were elected on. I commend the Government’s response to the e-petition.

Fire Safety Bill (Second sitting)

Debate between Andy Slaughter and Kit Malthouse

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

[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.

--- Later in debate ---

[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.

--- Later in debate ---

[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—

[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.

--- Later in debate ---

[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.

Grenfell Tower Fire

Debate between Andy Slaughter and Kit Malthouse

Thursday 6th June 2019 Commons Chamber

[Andy Slaughter (Hammersmith) (Lab)]

The horrific image of Grenfell is still very fresh in all our minds, almost as if it happened yesterday. I am sure that is true for every Member here, but it is particularly true for those of us who represent neighbouring constituencies. In many ways, the community across north Kensington, north Westminster, White City and Shepherd’s Bush is one community, and people there feel this very deeply. I would like to add my thanks and praise to my hon. Friend the Member for Kensington (Emma Dent Coad), who has had the difficult and traumatic job of trying to represent that community. She has done that brilliantly over the past two years, and indeed for many years before that. I would also like to thank the shadow Housing Minister, my right hon. Friend the Member for Wentworth and Dearne (John Healey), who has doggedly pursued this issue and tried to ensure that there is action on the subject.

The truth is that Grenfell did not happen yesterday. It happened two years ago and, as we have heard from many Members today on both sides, there has been dragging of feet. Let me say a few words about the concerns being expressed about the inquiry. There are concerns about the order of issues and the fact that the inquiry has not even got on to looking at the building material, among other aspects, and will not do so until next year. The tone of the inquiry has also raised concern. We have other major inquiries, such as the contaminated blood inquiry, going on at the moment, which might have got that better. There is also the issue of cost. I have heard—I do not know whether this is absolutely right; I ask the Minister confirm or deny it—that the police costs for the Grenfell inquiry are not being covered by the Government and that up to £30 million may be coming out of the Metropolitan police budgets. If that is true, it is a disgrace that adds insult to injury.

[Kit Malthouse]

I am happy to provide some clarity. As I understand it, on costs, the Metropolitan police service was awarded £11.4 million in 2018-19, of which it has spent £5.9 million. The expected costs in 2019-20 will be around £6 million, which will be provided from the special grant budget. So there is no intention that there should be any shortfall on investigatory costs.

[Andy Slaughter]

I am grateful to the Minister for intervening, but I would like to feel absolutely certain on that. I would be grateful if he could to write to me to guarantee that any additional costs for the police will be covered from central funds and not from their own budget.

The key point I want to make on the inquiry relates to its longevity. The fact that it will take time means that it is being used as an excuse. We are not short of good advice from people at the Royal Institute of British Architects, the Fire Brigades Union and the London fire brigade about what needs to be done now, but actually things are not being done now. An example is the fact that a consultation has just been published in the middle of this debate. In fact, I was tipped off by the fire brigade about five minutes before the debate started that there was a 200-page document to be read. Why could that document not have been published yesterday, or even the day before, to inform the debate? The terrible suspicion is that this has been done in order to capture a headline, so that, rather than the Government’s inaction on this subject being highlighted, they appear to be doing something.

I had a chance to read the written statement and the Government’s press release, which contained the welcome comment that

“too many in the building industry were taking short cuts that could endanger residents in the very place they were supposed to feel safest—their own home.”

I could not agree more, but who is responsible for this? Within the last five years, Ministers have said in relation to the important issue of sprinklers:

“We believe that it is the responsibility of the fire industry, rather than the Government, to market fire sprinkler systems effectively and to encourage their wider installation.”—[Official Report, 6 February 2014; Vol. 575, c. 188WH.]

The right hon. Member for Great Yarmouth (Brandon Lewis) has stated:

“The industry itself has an opportunity to make a case. I am not convinced at the moment it is for the Government to make a case for private industry”.

That is typical of the Government. The right hon. Gentleman said that when he was the Housing and Planning Minister, but I am sure I could have quoted many others. We have to get rid of this ideology, and the Government have to face up to their responsibility on this matter.

In the short time I have, I will cover a number of topics, although necessarily very briefly. Individual Grenfell survivors are not being well served. I am not going to name her for reasons of privacy, but I have a constituent who escaped with her daughter from a high floor in Grenfell Tower on the night. She then spent a year in hotel accommodation and a year in temporary accommodation in my constituency. She appears to be no nearer to getting rehoused. I may pass that case to the Minister, because he may want to intervene himself, because this clearly is not working. It is not working generally for survivors. I would like to see an open book approach to how the rehousing has been dealt with. It happens that Kensington and Chelsea was the richest council in the country; I wonder what would have happened in Northamptonshire or somewhere of that kind. To some extent, the Government have been let off the hook there. We still hear reports that people are not in permanent or suitable housing, or that housing has been purchased but is in such a state that it still needs to be got ready. People have gone into permanent housing because they felt pressurised to do so and have then had to come out of it because it turned out to be unsuitable. That is entirely unfair.

Issues of causation have not been addressed, such as that of the fridge-freezer—the plastic back is still legal, despite the fact that it is prone to fire—the fridge-freezer, manufactured by the Whirlpool company, who have a terrible reputation for white goods of this kind. We will not find out until the end of this year exactly what the cause of the fire was. Everyone suspects that the cladding was the major form of spread, but we are no further forward in knowing the exact sequence of events in relation to that. On all the other fire safety issues around regulation, means of escape, fire doors, and building security—fire alarms and matters of that kind—we are really as in the dark now as we were two years ago.

There were issues around what happened on the night, and the fact that clearly—not just Kensington and Chelsea, although they were utterly, utterly abysmal, to the extent that they could not even accept offers of help from other authorities, but generally speaking—we were not in a state to deal with a major emergency of this kind. If it happened again tomorrow, would we be any better off? I would like to know the answer.

I am grateful that the Chair of the Select Committee and others have dealt with some of the complex issues of fire safety; I do not have time to do so. I am glad to hear from the chair of the all-party group that they are pursuing this matter as well. To have dealt with ACM cladding only, and not with high-pressure laminate cladding—which can be twice as combustible as ACM cladding—over the last two years is negligent. Not to have heeded the advice of the fire brigade and others in relation to sprinkler systems is negligent. Not to have looked at the testing processes, and the combination of materials—not just cladding but insulation, and how they work in situ, not just in test circumstances—is equally negligent. I am afraid there is still a terrible stench of complacency from the Government, even after two years.

--- Later in debate ---

[Kit Malthouse]

Yes, indeed, and that is the case.

Although I understand the concerns about the speed of the remediation, I hope that Members will be aware that this work requires significant amounts of engineering and construction work, which will necessarily take time. On numbers, at the end of April, of the 175 residential buildings, 15%, or 27, have finished or started their remediation, and a further 116, or 66%, have plans in place. I have asked the Department to report to me as soon as possible on what a timetable might look like to ensure that we can reach completion of that programme within a reasonable length of time. I hope that Members will appreciate that, while there is a requirement or a desire to press me for an end point, it is more complicated than just fixing a date and time, because there are obviously capacity issues. There are planning and engineering issues that need to be taken into account, but I would like to get to that place in pretty short order. The money has only just been provided, and what I would like to get to in pretty short order is a sense of what the industry is capable of achieving and some benchmarks for performance that we can hold it to.

A number of Members also asked about the testing regime for other materials and that work is now under way. We hope that that will be completed before the summer, and that we can publish the results shortly thereafter. As I have said in previous debates in this House, we have a commitment and a strong imperative to investigate the materials that are being used in these circumstances in a systematic and methodical way. Although there is a range of cladding products, they are used in a range of circumstances and in combination with a range of other materials. That matrix of possibilities creates many dozens of combinations that will need to be assessed over time. We have to start with the cladding itself, and, as I have said, that testing is under way at the Building Research Establishment, and we should be able to publish results soon.

The fourth area of work is obviously the building safety programme itself. After the tragedy at Grenfell, it became obvious that things had to change around building safety and change very significantly. The Government responded quickly with the Hackitt review, and it has given us an important root and branch look at building safety. We have been vociferous in calling for a culture change across the industry and backed it with serious action. We have consulted on a clarified version of Approved Document B and issued a call for evidence as the first step towards a technical review. As part of that review—a number of Members raised the issue of sprinklers—we obviously can review the requirement for sprinklers in buildings.

We have also established an industry early adopters group made up of key players in the construction and housing sector who have just this morning launched a new building safety charter calling for all of industry to commit to putting safety first.

[Andy Slaughter]

Will the Minister also tell us what the Government will do about the “stay put” policy? According to Inside Housing and the FBU briefing for this debate, 209 residential buildings in London alone have changed from “stay put” to evacuation, which has all sorts of implications for guidance, alarm systems and so forth. What are the Government doing to make sure that these matters are addressed and are clear to everyone?

[Kit Malthouse]

As I am sure the hon. Gentleman understands, fire safety policy does not fall within my remit and is effectively a Home Office issue. I did recently meet representatives of the fire service, who said that this policy is under constant review but remains valid. However, I am happy to write to him with details of what the Government are doing with regard to “stay put”. I understand the concern that that policy has produced in the light of the Grenfell disaster and it is important that we are transparent about it. As I have said, I am more than happy to write to him with some details.

On building safety, we are determined to bring forward meaningful legislative reform. Just today, we launched a consultation on the new building safety regulatory system. The written ministerial statement was not actually laid, as the hon. Member for Croydon North (Mr Reed) said during the debate. It was raised at 10.30. I asked Doorkeepers to distribute it if they could, and it is now available for Members to read if they wish. In that review, we have accepted all 53 of Dame Judith Hackitt’s recommendations and in some areas we intend to go further. What we are proposing is a radically new building and fire safety system—a system that puts residents’ safety at its very heart. It will be a challenging but essential step to help drive the long-term culture change that we need and restore confidence in our country’s building safety system.

Oral Answers to Questions

Debate between Andy Slaughter and Kit Malthouse

Monday 28th January 2019 Commons Chamber

[Kit Malthouse]

My hon. Friend is to be applauded for the constant pressure he keeps up on the Government on safety issues. He is right that we are looking at the introduction of carbon monoxide detectors. We have gathered evidence, which we are looking at, and we will be coming forward with a response shortly.

[Andy Slaughter (Hammersmith) (Lab)]

We had two debates in the Chamber last week on dangerous cladding, which shows the incompleteness of the Government’s response. Can we have a comprehensive strategy from the Government this year that deals with all types of building, all types of cladding and all types of landlord?

Fire Safety and Cladding

Debate between Andy Slaughter and Kit Malthouse

Wednesday 23rd January 2019 Commons Chamber

[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.

--- Later in debate ---

[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.

[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.

--- Later in debate ---

[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.

Tower Blocks: Dangerous Cladding

Debate between Andy Slaughter and Kit Malthouse

Tuesday 22nd January 2019 Commons Chamber

[Kit Malthouse]

My hon. Friend is quite right to raise the interests of his constituents. I am not aware of the particular situation, but I am more than happy to investigate and write to him, as he requests.

[Andy Slaughter (Hammersmith) (Lab)]

It is quite extraordinary that the Minister has just said that testing on non-ACM-clad buildings is about to start. There are around 340 high-rise buildings clad with non-ACM combustible materials, and more than 1,000 high-risk buildings. Will he guarantee, now, that those buildings—like Lakanal House, where six people died 10 years ago—will all be tested and treated in the same way as ACM-clad buildings?

[Kit Malthouse]

In considering what we should do about non-ACM cladding, we have been guided by the expert panel, which includes Dame Judith Hackitt, on how we should proceed, and we are proceeding on the panel’s best advice. As I said, we expect testing on non-ACM cladding to begin shortly, and the conclusions of that work will obviously colour what action is taken next.