Grenfell Tower Inquiry: Phase 1 Report

Baroness Brinton Excerpts

Thursday 31st October 2019 Lords Chamber

[Baroness Brinton (LD)]

My Lords, I declare my interest as a member of the All-Party Parliamentary Fire Safety Rescue Group. Our APPG is very active and has been making recommendations and questioning Ministers—including the noble Lord, Lord Bourne, when he was Minister—since the Lakanal fire in 2009. I also co-chair the All-Party Parliamentary Group on Victims of Crime and I am a former trustee of UNICEF UK.

First, I pay tribute from the Liberal Democrat Benches to the Grenfell survivors and the bereaved families. Their determination to be heard and to achieve justice for those who died and whose lives have been changed forever by the Grenfell Tower disaster is humbling. I say to them that we too will not rest until changes are made that mean another disaster like Grenfell will not happen. We put the Minister and any future Government on notice that, while we welcome their acceptance of Sir Martin Moore-Bick’s recommendations in part one, we will push for action on the many parts that can happen swiftly, especially those that do not require primary or secondary legislation.

I also note that firefighters have been praised significantly for their individual behaviour—there were many acts of heroism. The systemic failures of the fire service must not take away from the exceptional performance of individual firefighters at the scene.

We also need to note that, once again, our media has behaved badly. Grenfell United, the group representing survivors and the bereaved, has rightly said that it was “unacceptable” that people learned findings through the media, without having the opportunity to first read the report. What on earth was the Daily Telegraph thinking? Shame on you.

I wish to focus on some of the specific fire service-related problems but will first briefly cover some of the other key failures that contributed to the deaths of so many people. First, in report after report over the decades, coroners and chairs of inquiries have talked about the inability of our public services to work together in an emergency. The inquiry reports that the fire commander, the Met Police commander and ambulance control all declared major incidents at different times and were not co-ordinated. Surely, at such an incident there should be one senior commander in charge of the entire incident, working together. We know that it can be done. In terrorist incidents such as the Westminster and London Bridge attacks, we have seen examples of good practice. Why did that not happen in this case? Sir Martin also comments that Kensington and Chelsea Council and the TMO were not prepared for any such emergency—and that is before we even get to the appalling issue of the lack of checks on the fire protection for the building. Fire doors that did not work and refurbishment works that destroyed compartmentation—which is absolutely key if any “stay put” policy is to work—meant that the key role of public services in supporting emergency services just did not happen. For disabled people having to wait in refuge areas, to have failing fire doors and no PEEPs—personal emergency evacuation plans—is very serious.

Secondly, the treatment of the survivors and bereaved families by the various bodies that should have been there to help was woeful. Reading the report of Inquest, the charity that provides expertise on state-related deaths, was absolutely grim. As a former trustee of UNICEF, I know that in major emergencies around the world NGOs come together to work together and respond, not just during the emergency but to support survivors long after. Through the UN and other bodies, the protocols for working in such emergencies are well known, well founded and followed. Each NGO knows what it is to do at each stage of the emergency and in the aftermath, and who leads at each stage. The UK Government fund many of these NGOs, yet Government after Government have failed to address our own problem here for our own disasters. This just is not good enough; the Government must take a lead in changing the attitude, not just through legislation but by leading by example.

On some of the specific fire service-related issues, it is just extraordinary that there was no LFS contingency plan for the evacuation of Grenfell Tower. Following the Lakanal House fire coroner’s inquest in 2013, our APPG was aware of exchanges of letters between the coroner, the Secretary of State and the London Fire Brigade, and this kind of issue was supposedly satisfactorily resolved. What follow-up and monitoring have taken place since 2013, and what is the role of Her Majesty’s inspectorate of fire services to ensure that such key plans are in place?

The LFB maintains an operational database and has a risk assessment policy, accessible by all firefighters at any such incident. However, the entry for Grenfell Tower contained almost no information of any use to an incident commander called to a fire, and some information was out of date as it did not take account of the refurbishment and was therefore wrong. In addition, what about the fire survival guidance calls being communicated to the incident commanders, arrangements relating to the internal spread of the fire, and deficiencies in command and control, where senior officers arrived but failed to give sufficient practical support or inform themselves quickly enough, given that the spread of the fire was so visible? All these issues had plans in place—or should have—which should have been inspected by the HMI of fire services in its yearly inspection for each service.

Finally, I mention automatic fire sprinkler protection. We now have five years of compelling evidence from real fires in the UK that automatic fire sprinkler protection controlled or extinguished fires where they operated on 100% of occasions in flats. A single fire death in a working sprinkler building designed for the purpose anywhere in the UK is an extremely rare occurrence. Multiple deaths are unheard of. We must implement sprinklers in high-rise residential buildings. As others have said repeatedly in this House, sprinklers in Grenfell would have changed everything.

--- Later in debate ---

[Viscount Younger of Leckie]

There is a lot of detail in what I want to say; I will come on to cladding. I also point out to the noble Lord that much of what we are doing must be regarded as part of a holistic approach so, on timetables, there may not be one particular date by which everything is done. It is a very complex process.

Soon after the fire, in July 2017, the Government commissioned Dame Judith Hackitt to conduct a review of building and fire safety. Noble Lords will recall that we have already agreed to take forward the recommendations of Dame Judith’s report in full as the basis for regulatory reforms in building and fire safety. Our comprehensive building safety programme, announced in the recent Queen’s Speech in the form of a Bill, will bring about a radically new building and fire safety system by: establishing a new regulatory framework; creating greater accountability and responsibility; issuing sanctions to tackle irresponsible behaviour by those responsible for buildings; and giving residents a stronger voice.

The right reverend Prelate the Bishop of Durham referred to social housing. It is important that we improve quality and quantity, with a beneficial knock-on effect on health. We have committed to taking forward the social housing White Paper at pace. It will set out proposals for the standards that we set for social homes. We remain committed to increasing the supply of social housing, committing more than £9 billion as part of our affordable homes programme and delivering more than 250,000 homes by 2022.

Of course, we have had to take urgent steps in the interim to ensure that people are safe today. Much of this work has been around cladding. First, we have banned the use of combustible materials on high-rise homes and identified all buildings over 18 metres with unsafe ACM cladding.

The noble Baroness, Lady Finlay, asked whether gas should no longer be used in high-rise buildings. It is an interesting point. I cannot answer her question easily today, but I can say that the Government have signalled their intention to prohibit the use of fossil fuels such as gas in new homes by 2025 for reasons of environmental protection.

Secondly, we have established a comprehensive programme to oversee the remediation of unsafe ACM cladding, providing £600 million of funding to support this work. My noble friend Lord Young and the noble Lord, Lord Adonis, asked about the funding; it is beyond the £200 million that the Government are putting forward for private residential high-rise remediation. Both noble Lords asked what would happen if the costs go beyond this. I can confirm that the money set aside is an estimate and that plans are in place, should it become necessary, to revisit that estimate.

I am pleased that all social sector residential buildings with ACM cladding either have had the cladding removed, are undergoing work to remove it or, at the very least, have had such work scheduled. We have pushed on every front to ensure that the work is completed quickly, and today only a handful of building owners have yet to confirm their intention to remediate the ACM cladding on their buildings.

We have now completed remediation work on 61 buildings in the social sector, have begun work on a further 81 buildings and are working hard to ensure that remediation is completed on the remaining 16 buildings as soon as possible. My noble friend Lord Young asked about progress on this. As of October, only 10 of the 89 private sector buildings in scope of the fund have yet to engage. We will continue to put pressure on developers and building owners to get on with remediation. In response to a number of questions he raised, I will shortly provide a letter detailing the take-up of the private sector remediation fund and set out a fuller picture of the remediation figures, as well as the responsibilities of leaseholders and freeholders. As the Secretary of State for Housing, Communities and Local Government made clear yesterday in the other place, there will be consequences for any building owners not making clear progress, including naming and shaming and enforcement action.

Thirdly, interim measures are in place in high-rise buildings with ACM cladding to ensure that all residents remain safe. We are working at pace to review different parts of the building safety regime. We have now completed testing on non-ACM cladding panels and are analysing the results, which will be released in the coming months.

We have recently launched a consultation on the use of sprinklers in all new residential buildings over 18 metres—a point that was raised in the debate. It also seeks responses on evacuation alert systems and improved signage, which was raised by my noble friend Lord Bourne and others. The consultation will close in November. My noble friend Lord Bourne also asked about fire doors. On the advice of the independent expert panel, the Government conducted an investigation and testing programme of glass reinforced plastic composite fire doors, leading to their withdrawal from the market. Following this, the Association of Composite Door Manufacturers has committed to deliver an industry- led remediation plan, which has our full support.

The noble Lord, Lord Shipley, asked about product safety, which was part of my old brief when I worked in the former BIS, now BEIS. In May 2018, an independent investigation into the Whirlpool fridge-freezer involved in Grenfell Tower confirmed that there was no need for further action, and BEIS supports its conclusion that no product recall other than corrective action is required. People who own that particular model can continue to use it as normal. The noble Lord also raised a point about electrical safety checks. Existing legislation already requires landlords to keep electrical installations in safe working order. However, the Government have reviewed the issue and have now committed to introducing mandatory five-yearly electrical safety inspections. I am confident that these steps will help us boost safety and transform the way we build in the future.

We have also been working across government to co-ordinate action on fire safety. First, the newly established fire protection board provides a bridge across the Home Office, my department, MHCLG, local government authorities and the National Fire Chiefs Council. The board will provide greater assurance that fire safety risks in high-rise residential buildings with ACM cladding are being identified, managed and properly recorded. It will oversee an increase in inspections and audits of high-risk buildings, and we have already signalled our commitment to getting this right by pledging £10 million a year. As my right honourable friend the Secretary of State said in September in the other place, he expects,

“all high-rise buildings to have been inspected or assured by the time the new building safety regime is in place, or no later than 2021”.—[Official Report, Commons, 5/9/19; col. 373.]

Secondly, the Home Office has run a call for evidence, alongside MHCLG’s Building a Safer Future consultation, on the fire safety order. This consultation seeks to ensure that the order remains effective and works as a whole with the new regulatory regime and other existing legislation. The call for evidence closed on 31 July and we are now analysing the responses.

Thirdly, the Home Office has established an independent Fire Standards Board, which should not be confused with the FPB, and has provided £1.5 million of funding to support its work. The board is supported by the National Fire Chiefs Council’s Central Programme Office to support continuous improvement of fire and rescue services. The board will be responsible for the development of a high-quality useable framework of professional standards, aligned to the work of the National Fire Chiefs Council and its national initiatives. It is clear from the report’s findings that this Government need to be playing an active role in supporting the sector through the fire reform programme.

In July 2017, the then Home Secretary expanded the remit of HMIC to establish Her Majesty’s Inspectorate of Constabulary and Fire & Rescue Services. This move sought to highlight areas for continuous improvement of good practice for fire and rescue services and to increase transparency for the communities they serve. The inspectorate has now completed inspections of all 45 FRSs in England and has published reports on 30 of them. We expect reports on the remaining 15 to be published shortly, alongside the inspectorate’s first “state of fire” reports.

[Baroness Brinton]

Does that also include ensuring that all the points that I referred to that used to be covered by inspections are being covered by plans throughout every area of each fire service? It is one thing to do this at a superficial level, but part of the problem appears to be that inspections have not been as detailed as they used to be.

[Viscount Younger of Leckie]

Yes, I can reassure the noble Baroness on that front and reiterate the point I made earlier about greater joined-up thinking across different agencies and bodies.

Learning from the inspectorate’s reports and the creation of national standards based on the best operational practice will help the LFB and the fire and rescue service as a whole to respond to the issues that the inquiry identified. We expect the NFCC to support services faced with challenging reports to drive improvement and make sure that cross-service learning is happening, which helps to answer the noble Baroness’s question.  

The noble Baroness, Lady Finlay, and my noble friend Lord Bourne asked about collaboration and co-ordination, and communication within the emergency services. An assurance programme was conducted in 2017 on joint interoperability with more than 100 police, fire and ambulance services. Findings showed that new processes are embedding, and the Home Office is continuing to drive work to embed this programme locally.

The noble Lord, Lord Harris, and others raised the issue of problems with communication between firefighters. Each fire and rescue authority, including the London Fire Brigade, must evaluate local risks and determine its priorities, policies and standards for fire protection and response, including equipment. It does this through an integrated risk management plan. It is for the Mayor of London to set the budget for the London Fire Brigade so that it has the equipment needed to do its work. The Government will work with the fire and rescue services to ensure that lessons are learned from this terrible tragedy.