Building Regulations (Review) Bill [HL]

Baroness Smith of Basildon Excerpts

Friday 22nd October 2010 Lords Chamber

[Baroness Smith of Basildon]

My Lords, the Bill before us today is the result of discussions on amendments made to the Bill introduced by my noble friend Lord Harrison in the previous Session of Parliament. I add my appreciation of the work that he has done and endorse the comments made by other noble Lords. His tenacity and commitment on this issue is to be congratulated.

His Bill, the Building Regulations (Amendment) Bill, sought to amend the building regulations to make the installation of domestic sprinkler systems in all new domestic buildings a mandatory requirement. The Bill before us today, the Building Regulations (Review) Bill, would ensure that building regulations are being reviewed and that the latest and most up-to-date research available is used to assess whether it is effective—including cost-effective—for sprinkler systems to be used in new homes.

Reading through your Lordships’ debates at that time, it is clear that there was considerable support in your Lordships' House for fire reduction measures and sprinklers, and with good cause. As my noble friend Lord McKenzie stated in the previous Session, we have common cause on this issue. That has been clear today as well. There were some concerns about the precise focus of the Bill. I congratulate my noble friend Lord Harrison on bringing forward this measure today, to which I hope that the Government will give speedy passage and effect.

There are very good reasons to ensure that the Bill becomes law. The statistics for the number of fires show a huge fall—it is quite remarkable. A number of factors are responsible for that. Fire safety legislation has been brought in, including legislation on smoke-retardant furniture, which has meant fewer incidents of furniture catching fire quickly. The fire service has done incredible work promoting awareness of fire safety. Of course, the promotion and installation of smoke alarms has also had a major impact. As a result of all those measures, the number of fires in England has been steadily falling. Last year, in 2009-10, it was down by 3 per cent on the previous year, and there were 32 per cent fewer fires than 10 years ago, although there were some annual fluctuations. Even more welcome is the ongoing downward trend in deaths and casualties from fire incidents. Last year there were 55 per cent fewer deaths than 25 years ago.

I have been a patron of the Burned Children’s Club, an amazing charity based in Essex with a national reputation, which started in Basildon. The charity works closely with the fire service and provides support for children and young people who have been badly injured by fire. It was founded and is run by a remarkable woman, a former burns unit nurse, called Pat Wade. Many of us have seen the devastating effects of fire, but unless you have experienced it, it is hard to understand the impact it can have on a young life. A child who has been horrifically burned may be unable to use one or more limbs, or may have scars and injuries that create a host of medical and social issues for many years to come.

We also have to consider the impact on fire fighters themselves. When a fire fighter goes to work, they never know what they may face that day, but they have to be prepared to face any situation. They may spend the day advising on and installing smoke alarms, or maybe talking to schools and groups, but equally they may be required to enter a burning building. I have served as a Fire Minister both in England and in Northern Ireland, and previously on a fire authority for eight years. When a fire fighter dies or is seriously injured in the course of his or her duty, it is something that affects not just their family but their colleagues and the wider fire service family in a way that is profoundly and deeply upsetting. One of the reasons I feel so strongly about the need fully and properly to consider the issue of sprinklers in domestic properties is having met those whose lives have been forever changed by fire. If there is anything we can do to reduce the likelihood of such deaths and injuries, and make people safer in their own homes, we have a duty to do so.

The great hope has been that fire deaths have reached a plateau and that the efforts made will ensure that the numbers remain low, protecting both the public and the fire service, but the fear is that without greater efforts now, we could see an increase. My concern is that the risks are increasing, and there are a number of factors for why this is so. As we heard from my noble friend Lord Harrison, we have an ageing population and a greater proportion of older people who are more likely to be living at home. We also have a greater number of people with disabilities or with mobility problems who are living at home. Changes in social care reflect this pattern. We also now have more timber-framed homes, more people work from home, and we have to take on board cuts in fire service budgets.

The Chancellor, George Osborne, said in the CSR Statement, which was repeated in your Lordships’ House this week:

“In recognition of the important service provided by the fire and rescue service, we have decided to limit its budget reductions in return for substantial operational reform”.—[Official Report, Commons, 20/10/10; col. 953.]

At the same time, the Department for Communities and Local Government was sending out a notification of the cuts to be made to local fire authority budgets that amount to a staggering 25 per cent of the formula grant. Different fire authorities receive a different proportion of their funding through the grant, so the impact will not be uniform across the authorities. For my own authority in Essex, it amounts to about 13 per cent of the budget, at probably over £8 million. In Staffordshire, the cut will be around £4.5 million, and it will increase in each year of the spending review period. I understand that the Fire Minister has committed to working with the fire authorities on this, but I find it difficult to understand how such a level of cuts can ever be achieved through operational reform without impacting directly on the level of service that fire authorities will be able to provide.

We do not yet know what the cuts in the fire service will mean. Chief fire officers, along with the fire authorities, will look at how they can manage this in the best interests of the service, and the Fire Brigades Union will no doubt have to undertake an analysis of what this means for its members. Your Lordships will appreciate that this is very recent news and there has not really been time to digest and understand the full implications, but it is impossible to divorce the implications of such high and unjustified budget cuts from the need to take an urgent look at all ways to improve fire safety, taking into account the other pressures I have referred to.

No one wants to see unnecessary legislation or legislation that is overly bureaucratic or disproportionate to the issue. So, when looking at this issue, we need to examine the factors already referred to, as well as the cost to the economy, as we have heard, of fires and fire damage, which is substantial and runs into billions. Many buildings in this country already have sprinkler systems in place, and our building regulations recognise their contribution to fire safety. Where sprinkler systems have been installed, fire deaths have been almost eliminated, fire injuries reduced by 85 per cent, and there have been significant improvements in fire fighter safety. There is also a significant reduction in property damage, both by tackling the fire earlier and by using less water through sprinkler systems and the fire service. The evidence about sprinklers that is available already is encouraging, and the Bill before us today will enable us to use evidence from other parts of the world where fire sprinkler systems are already a statutory requirement.

My noble friend Lord Harrison’s Bill seeks to address these issues by examining, in a building regulations review, costs, benefits, the environmental impact, the impact on fire fighters and sustainability—in short, all the relevant factors. The noble Lord, Lord Best, expanded on these and raised further concerns that can be addressed in the review. I share his concern about fire sprinklers going off unnecessarily. Every time I cook in the kitchen, the fire alarm goes off. However, I am told that sprinklers are much more sophisticated than smoke alarms.

My noble friend Lord Harrison also referred to the cost issues and the support of the Chief Fire Officers Association. The work it is already undertaking with the BRE can be expanded to take into account the provisions of this Bill.

My noble friend Lord McKenzie referred to work that has recently been undertaken. I refer the Minister to the recent research, A Cost Benefit Analysis of Options to Reduce the Risk of Fire and Rescue in Areas of New Build Homes, with specific reference to the Thames Gateway. The research did not recommend that all new homes should have sprinklers. One of its reasons was that in the Thames Gateway the fire and rescue service level is relatively good, with adequate resources for relatively low levels of utilisation. However, if resources are cut, it will make it more essential that we look at other means of fire prevention and of protecting the public. When Part B has been reviewed—we know it is being reviewed now—will he promise the House that he will ensure that building regulations are reviewed and that the provisions in this Bill will be taken forward as part and parcel of that review?

My noble friend Lord Harrison has done this House and the interests of fire safety a great service in bringing this Bill forward. It provides the most relevant and up-to-date information and evidence that can be assessed and tested. I hope the House and the Government will give the Bill all the support it deserves.