Homes: Gas Safety

Baroness Stedman-Scott Excerpts

Monday 17th December 2018 Grand Committee

[Baroness Stedman-Scott (Con)]

My Lords, I am grateful to the noble Lord, Lord Hunt, for bringing this important debate to the House and to all noble Lords who have spoken with such authority and knowledge. I shall do my best to respond to their numerous questions. I think it is unlikely that I will get them all answered in 12 minutes, but I undertake to write to fill any gaps in my response and to give any points of clarification.

The Government take the risk and consequences of carbon monoxide poisoning very seriously. The UK has a regulatory regime that requires safe design of gas appliances and trained and competent engineers to install and maintain gas appliances, and strongly recommends the use of carbon monoxide alarms. In this way, we greatly reduce the risk in our homes. The noble Lord, Lord McKenzie, asked what we do when people do not meet the standard. In 2017-18, there were 75 suspensions involving a failure to demonstrate or apply competence, and an additional 19 partial suspensions for specific work categories. This is out of a total of 259 suspensions, so it is not as though we are not prepared to take action when that needs to happen. There were three removals in the same period, and competence was one of the reasons in each case. The Health and Safety Executive prosecuted three registered engineers in 2017-18 for breaches of gas safety. We are quite prepared to take action when it is needed, but I agree with all noble Lords that prevention is certainly better than cure.

I must deal with the contribution of the noble Lord, Lord Tope, sooner rather than later, because I like to manage expectations. A ministerial Statement is due tomorrow—I am not passing the buck; this is true—from the Department for Environment, Food and Rural Affairs. We will provide a written update when we find out what it is planning to do. I hope that it helps.

We take gas and electrical safety very seriously. I assure noble Lords that, as we have said, we will progress these when parliamentary time allows. That is all I can say at the moment.

Gas safety, and more broadly carbon monoxide awareness, is a truly cross-governmental issue. Carbon monoxide poisoning can come from the burning of any carbon-based fuel, such as mains gas, liquefied petroleum gas, oil, coke, coal and wood, which are used in many household appliances, and it comes into the remit of various departments.

For this reason, a cross-government group on gas safety and carbon monoxide awareness was convened to ensure a joined-up approach across departments. I added them up today—I think that there are 13 departments in the group. Other governmental bodies exist to improve gas safety and tackle carbon monoxide risks from all fuels. The group also aims to develop effective government strategies and to promote knowledge and understanding of gas safety and carbon monoxide risks, including how to manage them. Each year the cross-government group publishes its annual report, which provides a summary of the work carried out by its members, including the devolved Administrations in Scotland and Wales.

The 2006 figures quoted by the noble Lord provide an insight into the safety of homes at that point in time. It is important to recognise that much has been done over the past 12 years to improve gas safety. The report by the cross-government group on gas safety and carbon monoxide awareness uses the same ONS data on deaths from carbon monoxide poisoning, but focuses on accidental carbon monoxide poisoning where carbon monoxide is the main product—excluding the figures for accidental carbon monoxide poisoning from smoke, fire and flames, hence the lower figure.

The noble Lord, Lord Hunt, made the point that we should do more on gas safety. I can only agree with him: we must keep improving our approach. Even though the trend for carbon monoxide poisoning is downward, we cannot afford to be complacent.

A number of noble Lords raised the issue of carbon monoxide alarms. The Government’s review of carbon monoxide alarm requirements in England will consider new research and update the evidence base to establish whether alarm requirements, currently limited to solid fuel heating in the private rented sector, and in building regulations, should be extended to the installation of oil and gas boilers and to social housing. The Ministry for Housing, Communities and Local Government is considering all the updated evidence and research with a view to consulting on any proposed changes early in 2019.

I was asked to comment on the impact of the smoke and carbon monoxide alarm regulations. A recent government consultation showed that there is good awareness of the Smoke and Carbon Monoxide Alarm (England) regulations and that this has led to an increase in the number of alarms and safer homes. The response illustrates the lack of carbon monoxide alarms in private rented accommodation prior to the regulations coming into effect.

I was also asked whether I was satisfied that all CO alarms are constructed to a reliable and accurate standard, where the device’s sensor can be tested for its function and accuracy. Consumer products offered in the UK market, including carbon monoxide alarms, must comply with the UK’s strict product safety legislation, which requires products to be safe before they can be sold to consumers. It is the responsibility of manufacturers to ensure that CO alarms meet safety requirements and legislation. Making a misleading claim about compliance with the standard would be an offence under regulations providing consumer protection from unfair trading.

Another question was whether I was aware that respected experts had raised concerns about current alarms losing their reliability and accuracy as they deteriorate over time. The Government take the issue of consumer safety seriously and advise all consumers, when purchasing a domestic carbon monoxide alarm, to check that it is market-compliant with the relevant British or European standard.

There is a strong and appropriate regulatory regime in relation to gas safety and exposure to carbon monoxide. It is supported by additional activities focused on ensuring that gas engineers are properly trained and competent, raising public awareness of the dangers of carbon monoxide poisoning, and improving early diagnosis of the system. The Gas Safety (Installation and Use) Regulations 1998 form the cornerstone of the existing regulatory framework and require engineers to refer to manufacturers’ instructions and appropriate standards when installing, commissioning and maintaining appliances. Where appropriate, or where the manufacturer’s instructions advise it, the engineer should use a flue gas analyser. These regulations have had a significant impact in reducing injuries and fatalities in this area.

I was asked about the recommendations of the All-Party Parliamentary Carbon Monoxide Group and I will write to noble Lords about that. The noble Lord, Lord Hunt, asked why the gas emergency services do not carry or use equipment to test gas appliances for CO. The Gas Safety (Management) Regulations require gas emergency service providers to have arrangements for dealing with reported gas escapes and gas incidents, including those involving CO. This is a free emergency service and is not intended to identify the cause. It will be for the homeowner to engage a gas engineer to identify and solve the problem. I will write to the noble Lord about the mandatory label being placed in a visible position.

The noble Baroness, Lady Maddock, asked whether the Government would comment on future policy changes. There are no policy changes other than a review of CO alarm requirements. Departments review the effectiveness of, and evidence base for, the current policies and for any proposed changes.

I turn to the important subject of Gas Safe engineers. Key parts of this legislation are the legal requirement that the installation and maintenance of gas appliances should be undertaken only by a suitably qualified and registered engineer, and the establishment of the Gas Safe Register. For engineers to be considered competent and to apply for Gas Safe registration, they must complete an approved industry-recognised training course, followed by an assessment of competence. Gas engineers then have their competence reassessed every five years. I was asked whether I was satisfied with the effectiveness of the training of gas installers. In short, the answer is yes.

In terms of product safety, gas appliances sold in the UK are regulated under the Gas Appliances Regulation. The Government take product safety extremely seriously and are committed to ensuring that only safe products are placed on the UK market. This will not change when the UK leaves the EU. We will ensure that the UK retains an effective product safety regime—that is a priority. On exit, appliances burning gaseous fuels will be able to be sold on the UK market only if they meet the higher level of safety, as they do now.

I turn to the point about Public Health England and national campaigns. Public Health England raises public and professional awareness of the impacts of carbon monoxide pollution by supporting activities that aim to change behaviour, such as the annual Clean Air Day, and it works with national and local stakeholders, public health partners and government departments to develop advice and actions which can be taken to prevent accidental exposure to carbon monoxide in homes.

I think that noble Lords also raised the question of people who, when abroad, suffer as a result of other countries not complying with safety regulations and not doing the things they should do. The Foreign Office provides support to families when things go wrong, but it is up to other countries to make sure that they comply with regulations, and I do not say that glibly. It is tragic when people die as a result of this poisoning, because it is preventable.

I am sorry to say that my time is up, but I am very glad that the noble Lord, Lord Tope, reminded us of the 140th anniversary of the invention of the light bulb. I understand that Thomas Edison patented it the year after so that he could have two parties. I am not sure whether I have given your Lordships any light-bulb moments but I have tried to respond accurately. If I have missed anything, I undertake to write to all noble Lords.