Building Safety Bill

Baroness Brinton Excerpts

Lords Hansard - Part 1 & Report stage
Tuesday 29th March 2022 Lords Chamber

[The Deputy Speaker (Baroness Pitkeathley) (Lab)]

My Lords, the noble Baroness, Lady Brinton, is taking part remotely. I invite her to speak.

[Baroness Brinton (LD) [V]]

My Lords, I declare my interests as a vice-president of the Local Government Association, as vice-chair of the All-Party Parliamentary Group on Fire Safety and Rescue and as a disabled person. The noble Baroness, Lady Grey-Thompson, is unable to be in her place this morning as she is attending the memorial service for the Duke of Edinburgh in her role as chair of the Duke of Edinburgh’s Award scheme.

In Committee, the noble Baroness, Lady Grey-Thompson, and I both spoke of our experience of the use of personal emergency evacuation plans, or PEEPs—good practice, and less good practice. I will not repeat that today but one thing is clear: the responsibility for getting safely out of a building should not be on the shoulders of a disabled resident alone. That is why I have laid Amendments 13, 20 and 35, and I thank the noble Baronesses, Lady Grey-Thompson and Lady Hayman of Ullock, for signing them. The amendments set out a clear link between the duties under the Equality Act 2010 for those providing services for disabled people—in this case, housing and safety in buildings.

Amendment 13 would put into law that a statement must have been laid by the regulator that they have engaged with their residents in relation to the accountable person’s duty to avoid disability discrimination. Amendment 20 would amend Section 31 of the Equality Act by adding a specific reference to a person exercising functions in relation to public housing. Amendment 35 would create a duty on the accountable person to include developing PEEPs for people with a disability in order to avoid disability discrimination.

I believe that the amendments are necessary because I want to see clarification that Part 3 of the Equality Act 2010 applies to social landlords and that, as a result of Part 3, there is an anticipatory duty on social landlords to prepare PEEPs for disabled residents. There is a limited time for the relevant government body to prepare statutory guidance and a code of practice in relation to this.

I thank the Minister for his amendments, starting with Amendment 3, which talks about the “assistance and encouragement” that must be provided. Unfortunately, that is a long way from the current requirement for the responsible people in offices and other public buildings, including hotels, to make formal arrangements that ensure that a disabled person can leave a building that is dangerous whether due to suspected fire, chemical escape—such as at the Olympic Park swimming pool last week—or anything else that puts people at risk. The other amendments tabled by the Minister, and indeed his letter to signatories of my amendments that arrived at 10 am this morning, for which I thank him, talk about the government consultation, but the Government have been consulting on this specific matter since the early days of the Grenfell inquiry.

Why do we believe that there needs to be stronger reference to the Equality Act and to PEEPs? Week 68 of the Grenfell Tower inquiry took substantial evidence from witnesses in relation to the provision of communication and engagement with disabled residents and how they were—or were not—able to leave Grenfell Tower safely. They were not. Over 40% of disabled residents died in the fire, a far higher percentage than any other category of resident. There were no PEEPs. Not only was there no guidance but, as I will refer to, any arrangements for disabled people were actively discouraged by the government adviser and government officials.

Inside Housing has reported on week 68 of the Grenfell Tower inquiry last week, saying:

“Government-endorsed guidance in use at the time said the provision of such plans was ‘usually unrealistic’, and staff at the Kensington and Chelsea Tenant Management Organisation … which managed the tower, previously cited this guidance in explaining why they did not provide any.”


As I said in Committee, Colin Todd of CS Todd & Associates, the consultants who wrote the guidance document for the Government, said:

“The consensus opinion of the project group was that it should be acknowledged in the guide that PEEPs were impracticable.”


However, the inquiry heard that Louise Upton, the former head of the fire safety policy team at DCLG, thought it was not a

“deliberate decision to exclude representatives”

of the disabled community.

The inquiry notes that the failure to provide escape plans resulted from that guidance being used by the KCTMO, but the Chief Fire Officers Association had raised concerns and warned that to

“ignore and eliminate advice on disabled access and evacuation is a fundamental error of the document”

and it

“is recommended that it must be included”.

Elspeth Grant, a fire safety consultant with TripleAconsult, wrote to Sir Merrick Cockell, then chair of the LGA and leader of the Royal Borough of Kensington and Chelsea Council, when the guidance was published to say that it was unlawful and discriminated against disabled people, calling for it to be withdrawn

“before this guidance leads to an unnecessary tragedy because plans were not in force”.

Just yesterday at the inquiry, Brian Martin, another official, said that the Government ignored the warnings about PEEPs for disabled people as they were “too expensive” to put into practice. The first phase of the inquiry recommended the provision of PEEPs for residents of high-rise blocks, but that is not what we are seeing now. Instead, the Government are still consulting.

--- Later in debate ---

[The Deputy Speaker (Lord Haskel) (Lab)]

My Lords, as the noble Baroness, Lady Brinton, is taking part remotely, I invite her to speak.

[Baroness Brinton (LD) [V]]

My Lords, I speak in support of Amendment 254, laid by my noble friend Lord Foster, but shall do so very briefly to say that there needs to be consistency in preventing the sale of faulty electrical goods online, or those that do not meet the appropriate safety standards and may therefore be defective. My noble friend’s amendment would by regulation ensure that operators of online marketplaces take the appropriate steps to remove items that do not comply with safety legislation.

I remember some years ago discussing with an independent retailer of baby goods, including electrical goods, how vigilant he had to be when goods arrived that they met the safety standards needed. He and his staff knew what to look for: sometimes a fake EU safety logo had printing faults, but there were other warning signs too. He felt he had a particular responsibility to ensure that his customers always bought safe and regulated items.

The difficulty is that online marketplace operators do not feel that responsibility to check that items meet safety regulations. Many of the fires in high-rise blocks that have been referred to during the passage of the Bill and other debates in Parliament over the years were started by faulty or defective electrical goods. There is a particular worry with an ever-increasing percentage of electrical goods now being bought online. My noble friend’s amendment attempts to level the playing field to make sure that customers and consumers can rely on the safety of their products when they buy them.