Building Safety Bill

Apsana Begum Excerpts

Report stage
Wednesday 19th January 2022 Commons Chamber

In looking to the future—we recognise that the new regulator will have to move in a considered way, and it is important that the highest-risk buildings are considered first—we believe that, eventually, there ought to be a requirement to consider extending the scope of regulation. Where a building has within it vulnerable people, who will take longer to get out of the building in the event of a fire, or where the means of access and egress are limited—as in the proposal to build a 50-storey tower block with one means of fire escape, which fortunately was withdrawn the other day from a local planning committee—that factor ought to be taken into account when extending the scope of the new regulatory regime to other buildings in the future. Again, we are not saying it has to be done today or tomorrow; we are merely saying that that issue should inform future decisions about extending the scope of the new and important building safety regulatory regime. I would hope that the Government will eventually give approval to those approaches, if not today. We will not push the amendments to a vote, but at least we have put the issue back on the agenda for future consideration.

[Apsana Begum (Poplar and Limehouse) (Lab)]

I rise to speak in support of amendment 73, tabled my hon. Friend the Member for Sheffield South East (Mr Betts), and amendment 1, tabled by the hon. Member for Waveney (Peter Aldous). The Bill renames “private approved inspectors” “building control approvers”. Not just amendment 73 has touched on the issue; other Members have done that through other new clauses and amendments. I wish to express my support for the Fire Brigades Union’s opposition to those private inspectors, which, as it argues, undermine professional local authority building control and weaken building safety regulation.

Amendment 1 is about the Building Safety Regulator. Again, I share the alarm expressed by the Fire Brigades Union that the Building Safety Regulator would be permitted to seek private sector involvement if the fire authority cannot assist. Surely it is obvious why private firms cannot be given licence to sign off on fire safety matters relating to higher-risk buildings. Fire safety is a matter for professional firefighters, not profiteers, and it is not clear how the new Building Regulations Advisory Committee will be constituted. I would be grateful if the Minister could say more about that.

Many of us would like to see the Government re-establish a statutory fire safety advisory body, with guaranteed representation for trade unions and residents. As the Bill progresses, I would like to see legislation and provision that apply to all residential buildings above 11 metres in height, an idea that has been echoed by Members of all parties. Any new regime should apply to other multi-occupancy institutional or residential buildings, which was also touched on in various amendments.

It would be helpful to hear from the Minister whether the Government have any plans to introduce a threshold height at which two staircases are required in order to provide means of both resident escape and firefighter entry. As he will no doubt be aware, concerns were raised that the plans for Ballymore’s proposed 51-storey development in Cuba Street in my constituency included only a single fire escape for a building that would have been two and half times the height of Grenfell tower.

Elsewhere in my constituency, the recent fire at Ballymore’s New Providence Wharf, where the fire spread between multiple floors and the ventilation system failed, led to smoke spreading throughout the building. That demonstrates the potential shortcomings of relying on stay put evacuation policies, so it would be helpful to know whether the Government have any plans to commit to addressing that in the Bill.

[Andy Slaughter]

I congratulate my hon. Friend on the work that she has done to draw wider attention to the Ballymore application, and indeed it has now been withdrawn. That is happening everywhere, however: on the border of my constituency, one over 50-storey block is already under construction and three others are in planning with, again, one staircase each. It is ridiculous to say that the stay put policy is the answer to that, because post Grenfell, people will not stay put and we understand exactly why.

[Apsana Begum]

I thank my hon. Friend for making that point strongly. I share his concern that there is too much of a free pass in that situation and such buildings should just not be allowed to be presented. On his point, the Cuba Street development has been withdrawn for now, but it is only paused. It will come back and there is no guarantee that all the problems will be addressed, so it would be helpful to know whether the Government have any plans to address that issue and, if not, whether they will commit to a national independent review of stay put policies, particularly given that the Cuba Street proposal was allowed under existing building regulations.

At present, there are insufficient fire safety inspectors after decades of cuts and increased workloads. It is urgent that the fire and rescue service is properly funded and resourced, because people have a right to be safe in their own homes. The Bill is a small step forward, but it does not resolve the overall building safety crisis across the UK. In the words of the Fire Brigades Union, it is at best

“a sticking plaster over a gaping wound unless the whole regime rebuild around need rather than profit.”

[Margaret Ferrier (Rutherglen and Hamilton West) (Ind)]

I rise to speak in support of new clauses 1, 2, 15, 16 and 23. The events at Grenfell Tower were devastating, with the tragic loss of 72 lives, which shocked us all. Words will never adequately describe the pain felt by the families and friends of the victims. Later, though, as light was shed on the extensive preventable failings that led to the disaster, justifiable anger followed.

I am glad to see the Bill progress through this place, but it should not have taken almost five years. I welcome the Secretary of State’s recent announcement that leaseholders in England will not face the astronomical costs of remediating unsafe cladding. I am pleased that the Government have taken a moral stance on the issue.

Unfortunately, there are still gaps that must be plugged, and I hope that the Minister’s promise of statutory protection against all building safety defects will materialise. For my constituents, I hope that the Government will engage in a constructive dialogue with the Scottish Government to ensure that leaseholder protection can be extended across the UK fully funded.

There is still a glaring lack of clarity and the Government must facilitate funding being available across the devolved Administrations to achieve an equal standing. Although much of the Bill has limited territorial extent, there are some key areas that apply across the UK and in Scotland, such as the testing and inspection of construction products.

Early last year, it was announced that the independent panel on the safety of construction materials would review the testing system and how it can be strengthened so that product safety confidence can be restored. The industry is still awaiting the report’s publication, which prompts the question of how we can fully scrutinise the Bill’s measures without knowing what the review found. Can the Minister provide a definitive date for when it will be available? Will he also provide an update on the establishment of a national regulator for construction products?

As it stands, there are a limited number of private product testing companies, and fewer still of the accredited bodies’ testing sites, which means limited access to the furnaces that are used to test all combustible building materials and products. Subsequently, there are huge delays in products moving through the testing system.

Some companies are reporting delays of up to six months to test their products. The accredited sites are managed by private sector companies, and as demand increases and supply decreases, the price set by those bodies climbs. Concerns have been raised that that model incentivises the maximising of profit over the quality of testing.

The Government must also be cautious not to create widespread quality disparity between existing buildings and new ones of any height. While preservation of life is of course the most key consideration, the lifespan of buildings must be protected too. Buildings such as schools, hospitals and care homes, which hon. Members have mentioned, should have a mandatory requirement for sprinklers. By making such buildings as safe and resilient as possible, human life is protected, yes, but many other things too. Schools are pillars of the community. Where do those students go to learn if their school burns down, or for a hospital, where do the patients go? What delays will essential services suffer?

The Bill is a mammoth piece of legislation and it is easy to look at each single part in turn to make it digestible, but a key finding in Dame Judith Hackitt’s review was that there needs to be a holistic, whole-building approach to fire safety. We ought to apply that principle here and take a whole-Bill approach, to truly understand how it will work in practice.