Building Safety Bill

Baroness Watkins of Tavistock Excerpts

Committee stage
Wednesday 2nd March 2022 Grand Committee

Relevant document: 20th Report from the Delegated Powers Committee

[The Deputy Chairman of Committees (Baroness Watkins of Tavistock) (CB)]

My Lords, Members are encouraged to leave some distance between themselves and others and to wear a face covering when not speaking. If there is a Division in the Chamber while we are sitting, this Committee will adjourn as soon as the Division Bells are rung and resume after 10 minutes.

Amendment 111

Moved by

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[Lord Foster of Bath (LD)]

As I was saying before I was so rudely interrupted, Amendment 111 seeks to address the issue of potentially unsafe electrical items purchased online and the impact that could have in high-rise blocks. Some noble Lords may believe that this is not a very serious issue and that perhaps not very many such products are available.

Electrical Safety First has done a detailed analysis of the work of the Office for Product Safety and Standards and, in a test, 63% of electrical products bought in an online marketplace were found to be non- compliant and, of those, 23 were unsafe. The OPSS publishes a weekly product safety report, which details products found to pose a risk to health and safety. Analysis of these reports by Electrical Safety First shows that, during 2021, 31% of all unsafe products identified were electrical, 72 of them having been purchased online. A separate investigation that it carried out found that 93% of a sample of electrical products tested from online marketplaces were unsafe. It has also repeatedly found numerous items that have been recalled by manufacturers—often due to a concern about the risk of overheating and fire—but were still available for purchase online. We are not dealing with a small problem.

We know that there is an increasing number of fires in high-rise buildings: the number has gone up year on year. In fact, there has been a 20% increase in the last two years alone. We know that some 53%—over half of all of the fires—were caused by electricity in one form or another. In many cases, the source of ignition was a faulty electrical product. The fire in Grenfell Tower was caused by an electrical appliance—a fridge freezer—as was the fire at Shepherd’s Court in 2016, which was caused by a recalled tumble dryer, and the fire at Lakanal House in 2009, which was caused by a TV. I do not know whether, in each of those cases, those products were purchased online, but we know from all the research that an increasing number of electrical appliances are purchased online. In February last year, 75% of UK shoppers said that they bought such products online, compared to just 40% the previous year—this was obviously enhanced by lockdown.

This is an accident waiting to happen, and we need to do something about it. That view is supported by many organisations: following the OPSS consultation in 2021, they argued that change was needed to ensure that markets remain fair, and specific powers were requested by them in relation to online marketplaces and platforms. The National Audit Office—the NAO—carried out an investigation and found that there were “gaps in regulators’ powers” to regulate the online marketplace. A Public Accounts Committee report includes findings and states that the OPSS had explained to it that

“under current legislation, online marketplaces are not responsible for the safety of products sold by third parties on their platforms.”

Yet there is of course a requirement for purchases made not online but in normal shops, so it is odd that there is a discrepancy here.

It is particularly odd that the Government have done nothing about it so far, because, in answer to a House of Commons Written Question, the Minister said:

“The Government is committed to ensuring that only safe products can be sold in the UK.”


The purpose of this amendment is to achieve exactly what the Government want—to ensure that only safe electrical products can be purchased, whether they are purchased in normal shops or online. It seems a simple amendment. I have not spent a lot of time going through it, because I am absolutely certain that the Minister is just going to say, “Yes, Don, good idea, we’ll agree to it.” I look forward to hearing her say that in a few minutes.

[The Deputy Chairman of Committees (Baroness Watkins of Tavistock) (CB)]

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

[Baroness Brinton (LD) [V]]

My Lords, I support all three amendments in this group. Amendment 111, which was laid by my noble friend Lord Foster and to which I have added my name, aims to protect consumers from items purchased online that are non-compliant with rules for purchasing the same products in shops. I thank him for his clear and detailed explanation of why it is needed.

The excellent analysis by Electrical Safety First of the Office for Product Safety and Standards demonstrates that there is a real safety issue. Nearly two-thirds of electrical products bought in an online marketplace are non-compliant and a shocking quarter is actively unsafe. Electrical Contracting News said that in 2020 faulty appliances caused 43 fires per week in England. Everyday household appliances caused 15,000 accidental fires in homes. We know that some serious and fatal fires in high-rise and medium-rise buildings were caused by faulty appliances. Some fires were due to household items being placed too close to the source of heat or to misuse of appliances, but a number were due to appliances that were found to be faulty.

If two-thirds of electrical products bought in online marketplaces are non-compliant and, worse, a quarter is unsafe, that is a recipe for danger. Perhaps it is not surprising that legislation is taking time to catch up with new ways of purchasing goods, yet the focus of this Bill is to ensure that buildings are safe, especially high-rise buildings. This amendment proposes a solution to the problem and I support it.

Briefly, I want also to add my support to Amendment 112 laid by my noble friend Lady Pinnock and Amendment 117 laid by the noble Baroness, Lady Finlay. The amendment of my noble friend Lady Pinnock also responds to evidence given at both the Grenfell inquiry and Dame Judith Hackitt’s review of the appalling habits of too many construction product companies of managing to soften or even blatantly breach the safety regulations. It is evident that the regulations are out of date and I hope that the Minister will be able to respond favourably to this, too.

Finally, the amendment of the noble Baroness, Lady Finlay, highlights the importance of the provision of CO detectors and alarms and seeks for the responsible person to ensure that they are provided. Too many times, people end up with unsafe equipment, whether an old gas fire or, worse, a new exterior gas fire being used inside through ignorance, which has resulted in the deaths of far too many people. We are used to having smoke alarms in buildings, especially high-rise ones. We should also have CO detectors and monitors as a matter of absolute routine for safety. I look forward to hearing the Minister’s response.

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There is no doubt that this amendment would save lives, and I hope that the Minister will support it. If he feels unable to, I hope he will share with the Committee a compelling reason why he will not give the amendment his blessing. I would then be very grateful if he would meet with me and others to explore his alternatives. I beg to move.

[The Deputy Chairman of Committees (Baroness Watkins of Tavistock) (CB)]

My Lords, the noble Baronesses, Lady Harris of Richmond and Lady Brinton, are taking part remotely. I invite the noble Baroness to speak.

[Baroness Harris of Richmond (LD) [V]]

My Lords, I support Amendment 120 in the name of my noble friend Lady Jolly and other noble Lords and would just like to make a few comments.

At Second Reading, we heard how important it was to ensure that BS 5395-1 was accepted. I am disappointed that the Government have not yet made a concession on this. In fact, there is no mention at all of stair safety in the Bill. In the 2010 legislation, the standard was put in place only as a recommendation, as we have heard. It is now time to put it in this Bill as a requirement and ensure that all new buildings comply from 2024, as my noble friend Lady Jolly has indicated. We know that hundreds of lives may be saved every year—estimated at about 700 in England alone. If this standard were adopted for all buildings, we could prevent the hospitalisation of around 43,000 more people. Think what amount of money that would save in costs just to the NHS, never mind the trauma suffered by the families of those injured.

I ought to declare a small interest here, as I have increasing difficulty using the stairs in my own home, as they are both steep and deep. In fact, I am having to have another handrail put in so that I can use them safely.

It is vitally important that stairs in high-rise buildings, indeed any communal building, are of sufficient depth and width to allow numbers of people to use them simultaneously in an emergency. We know that the horrors of the Grenfell Tower disaster were exacerbated by totally impractical stairs in the building. I cannot believe that any building company or architect designing a new high-rise building would rely on just one staircase for multiple flats. That would be a complete dereliction of duty, in my opinion. In the event of an outbreak of fire in a high-rise building, there will inevitably be a rush to get out down the stairs, as lifts will be out of use. It is therefore inevitable that people will fall. BS 5395-1 should be put into law during the passage of this Bill and I urge the Minister to accept this immediately.