Fire Safety Bill

Barry Gardiner Excerpts

2nd reading & 2nd reading: House of Commons
Wednesday 29th April 2020 Commons Chamber

[Barry Gardiner (Brent North) (Lab) [V]]

Criticising this Bill would be as futile as criticising an empty bookshelf: one needs to look at the quality of the books. Clause 1 simply clarifies the fire safety order of 2005, and clause 2 is no more than a delegated power to make regulations amending that order in future. While the Bill is, in itself, welcome, it is no more than a piece of legislative furniture—the content is yet to come.

I want to illustrate the futility of even the best regulations on fire safety if the monitoring and enforcement regime is flawed from the beginning. Almost 1,000 people had their homes in the TNQ development of 460 flats in my constituency. The flats are unsafe because of fire stopping and other defects, which means that there is no compartmentation between them and a fire would spread swiftly up inside the walls of the building. When the building was completed in 2015, the regulations from the 2005 order were not unclear in any way. Approved document B specified that fire and smoke will be prevented from spreading to concealed spaces in the building structure by fire stopping and fire cavity barriers. Those are the rules. They are good rules, and they were not followed.

When it became clear in 2017 how unsafe the building was, my constituents had every confidence that the developers, Royal London and NEAT, would swiftly put things right. They were wrong. A complex blame game began. In January this year, the remediation work had scarcely started and was loosely timetabled to take another two or three years. When the defects were found, I asked what I believed was a simple question: who was responsible for inspecting the work? The answer, it appears, was everybody and nobody. The National House Building Council conducted over 1,000 spot inspections before it issued its insurance certificate in 2015. Its CEO, Steve Wood, informed me that he was disappointed to learn of the failures in the original construction. I wrote back to say that he could hardly have been surprised, given that his own inspection reports, which I had obtained, spoke of

“potential risk to health and safety of occupants, fire safety compartmentation, inadequate fire stopping, barriers to separating walls between units not fitted to design.”

The National House-Building Council signed off and issued the insurance cover just two months later without any further in situ checks being done. Instead, it relied on everyone else. The law says that final responsibility for building control matters lies with the developer, but the approved inspector is key to the developer being able to discharge that responsibility. Competition between private approved inspectors has undermined the impartial inspection regime provided by local authorities. Head Projects, with the approved inspectors, was obliged under the Construction Industry Council approved inspectors register code to provide a guarantee of compliance with the building regulation—in this case Approved Document B of the 2005 Fire Safety Order. I wrote to Rob Burrows, its managing director, asking how such systemic failings in the construction had come about under his regime. He refused to provide further information, and shortly thereafter the company went into a very convenient liquidation—so much for CICAIR accreditation.

Finally, what of the project managers, CBRE? It made literally thousands of inspections. Its corporate social responsibility report declares that it is a leader in responsible business practices, serving its clients with integrity. Surely it would not have signed off on a building that it knew to be unsafe. Perhaps, but I have received leaked copies of internal correspondence between the company and its own clerk of works at the development. In that correspondence, the company is accused of amending reports he had submitted detailing the failures of defects. It was specifically told that, to allow occupation without making occupants aware, there would be no protection against the spread of fire—[Inaudible]—therefore leaving life at risk, as these areas did not comply with current building regulations. That was tantamount to fraud under the Fraud Act 2006. The regulations were there; the proper, disinterested monitoring and enforcement were not. No matter what sensible regulations the Government put on this bookshelf of a Bill, they cannot make safe a building that was not constructed safely. My constituents thought they were protected. The law said so in the regulations. They have learned that to have a right, but no means of enforcing that right, is to have no right at all.

Fire Safety Bill

Barry Gardiner Excerpts

Report stage & 3rd reading & 3rd reading: House of Commons & Report stage: House of Commons
Monday 7th September 2020 Commons Chamber

[Matt Rodda (Reading East) (Lab)]

Thank you, Madam Deputy Speaker, and I am grateful for the opportunity to speak in this important debate tonight.

Thank you for reminding me of that very important point as well. I would like to speak in support of new clauses 1 and 2 and the other new clauses tabled by the Opposition on the duties of building owners and accreditation of fire risk assessors. However, before I address those important points, I would first like to reflect on the scale of the challenge facing our country following the Grenfell disaster and, indeed, the issues in my own constituency of Reading East. I would like to briefly pay tribute to the Grenfell families, and I am sure we can all agree that our thoughts are with them continually after what happened in the disaster. Like my hon. Friend the Member for Jarrow (Kate Osborne) earlier, I wish to show my support for our firefighters, both for their bravery and their professionalism.

Three years after Grenfell, the issue of dangerous cladding is still a daily reality for thousands of residents, including many in my constituency, and for many more, there are a whole series of other issues, such as fire safety concerns about their own properties or concerns on behalf of friends or relatives living in accommodation that is subject to those risks. One resident put it to me so poignantly when she contacted me, when she said:

“Imagine coming home every night to a flat which you fear is unsafe to live in, and yet you are unable to sell the flat or to move out of it.”

That is the reality that thousands of people in our country continue to face. That story is repeated time and again in towns the size of Reading or much smaller, and in great cities around the country. Indeed, it extends way beyond the issue of ACM cladding, although that in itself is a huge issue for the country.

To give an example, in Reading and Woodley there are several blocks containing Grenfell-style cladding, and others with other forms of composite materials on them, as well as wooden cladding, all of which have been found to be highly dangerous and flammable. Indeed, since Grenfell there have been fires in Bolton and in Barking with the materials that I have mentioned, similar to those found in my constituency.

In addition to tall buildings and the issues that we have talked about tonight, there are also fire safety concerns about lower-rise buildings. In my constituency, there are huge numbers—possibly into the thousands—of lower-rise flats below the 9-metre limit, many of which have what I believe may be serious fire safety issues. That affects tens of thousands of people around the country.

[Barry Gardiner (Brent North) (Lab)]

My hon. Friend makes an important point when he talks about the impact that this is having on many families. He may have instances in his constituency, as I do in mine, where couples have divorced but are unable to separate properly because they cannot sell their flat. The mental strain, illness and stress that that imposes on many residents is absolutely phenomenal.

[Matt Rodda]

I thank my hon. Friend for that contribution, because it points out just how dire this problem is, on so many fronts. The point I was about to make relates not just to the taller buildings or even the 9-metre ones, but to houses in multiple occupation. There has been a huge growth in the number of houses that have been divided up into bedsits or small flats in my constituency, as there probably has in his north London seat. I have concerns about those, as do other Members, although they are not addressed by this Bill, and I urge the Government to consider that matter as well.

This Bill is long overdue. I hope it will help, but I fear that it does not go far enough, and I urge Ministers to look again at the issue in much more detail and tighten their grip on it. A much more substantial response is needed, both in legislation and in the level of resources available to fire services, as has been mentioned, and to local authorities. Strengthening this response, both in legislation and resources, will be particularly helpful in respect of buildings that have multiple owners, such as blocks with leaseholders, tenants and freeholders, where the fire services, local authorities or contractors face a deeply confusing jigsaw puzzle of ownership. In many cases, it is hard to track people down. In some cases, the owners may be corporations based overseas or there may be other forms of ownership that are difficult to piece together. A more robust approach combining legislation and the funds to support local authorities and fire services would help residents in lower-rise accommodation. Berkshire’s fire service has urged me and MPs from across our county to speak up about the issues found in many towns mainly in lower-rise accommodation, not in the high-rise blocks discussed in the Bill, because of the huge number of those sorts of flats in towns such as Reading, Bracknell and Slough.

I am conscious of time, so I shall turn to new clauses 1 and 2. New clause 1 is particularly important, because, as many people involved in this issue recognise, we face real problems in improving safety in some private blocks. The new clause would speed up what can be a very lengthy process by requiring a manager or a lead figure to share information with the fire service about both fire safety and evacuation plans, which are important matters.

New clause 2 also raises a significant but simple point: fire inspectors should be accredited. I hope the new clause would address a long-standing loophole that I understand was first introduced unwittingly in legislation in the 1980s. It takes years for a fire safety inspector to complete their training, so it seems obvious that they would need accreditation. As has been mentioned by Members from across the House this evening, a common feature of any regulatory system is having people who have a known role of this type accredited.

I hope that tonight’s debate has allowed a further discussion of these issues and allowed us address these points in some detail. I urge the Minister to look at the matters in hand, and I thank you, Madam Deputy Speaker, for the opportunity to speak tonight.

Fire Safety Bill

Barry Gardiner Excerpts

Consideration of Lords message
Tuesday 27th April 2021 Commons Chamber

[Bob Blackman (Harrow East) (Con) [V]]

I start from the principle that successive Secretaries of State and Ministers have said from the Dispatch Box that the leaseholders are the innocent parties in this scandal and that they should not have to pay a penny piece towards the costs of remediation. I applaud the Government for coming forward with £5.1 billion of public money to support the remediation of unsafe cladding, but our problem is that it is not enough. The estimate now is that £15 billion will be required and that the extra £10 billion will have to come from leaseholders as the last resort, because building owners will naturally pass that on to leaseholders wherever they possibly can. They are the ones in situ; they are the ones facing these huge bills.

The Government say that further proposals will come forward on the forced loan scheme. We were promised in the earlier statement in February that the loan scheme would be announced at the Budget. Now, I did make the assumption that that was the Budget in 2021, not the Budget in 2022 or 2023. The reality is that the evidence given to the Housing, Communities and Local Government Committee and other bodies suggests that the forced loan scheme is nowhere near being available. We as Members of Parliament are not even able to scrutinise the proposal, so those who are living in blocks of flats of six floors or less do not even know how that scheme will work. My estimate is that many people will end up with a bill that will last for 100 years, therefore factoring in, almost inevitably, a dramatic reduction in the value of their properties. Equally, we know that the fire safety remediation required in addition to the remediation of unsafe cladding almost dwarfs the costs of remediating the cladding. All those costs will once again be passed on to the innocent leaseholders.

I understand that my right hon. Friend on the Front Bench has to defend this position and clearly wants to get the Fire Safety Bill on the statute book. Let us be clear. I do not think any MP wishes to prevent the progress of the Fire Safety Bill. What we do need, however, is surety and assuredness, because the draft Building Safety Bill will almost certainly take 18 months to two years to bring to fruition. The leaseholders do not have that time to wait. My right hon. Friend the Minister has made it clear on a number of occasions that he finds the amendments defective. Well, there is still time. I agree with my right hon. Friend the Member for North Somerset (Dr Fox) that there is a solution. If the Government reject that solution, let them come forward with their own solution in the House of Lords. Let us agree that the leaseholders do not have to pay a penny and the Fire Safety Bill can go on the statute book, as we would all like to see.

[Barry Gardiner (Brent North) (Lab) [V]]

The Minister should be very careful. The speeches in this debate today are an example of Parliament at its best and Government at their worst. The Minister has heard Members from across the House, and from his own party in particular, criticise what the Government are doing. He would be a very wise Minister to listen to Parliament. If he refuses to listen, I think he should think about his future.

In March this year, leaseholders in Wembley Central apartments in my constituency were told that in response to the publication by the Government of the Building (Amendment) Regulations 2018, a waking watch system would be implemented as soon as possible. The cost of the waking watch patrols would be recovered from leaseholders in the sum of £91,380 a month. The cost of the remedial works to the fire alarm system across Central Apartments, Ramsey House and Metro Apartments is estimated to be in the order of £250,000 to £300,000. The owners said that they were unable to say the total cost of all four recommendations and that they therefore could not advise the liability of each leaseholder.

I find it unacceptable that the Government are imposing billions of pounds of costs on leaseholders retrospectively to remedy misconduct by others, such as the developer, the builder or those producing the Government’s own advisory documents and in particular building regulations control. The fire survey for these particular buildings said:

“There is evidence that the junctions between compartment floors were inadequately fire stopped…as there were gaps at mineral wool fire barriers at steel framing. There were no visible fire barriers at vents or around windows/door frames and it could not be confirmed that the window/door frames themselves formed cavity barriers.”

That indicates that at the time of construction the building regulations then in force were not followed. That means that these people were sold a building that was not fit for habitation, yet the Government are not pursuing the people responsible; they are making sure that it is the innocent parties who will pay. Their lives are being ruined, as Members in all parts of this House have said. It is vital that the Government address this and accept the Lords amendment. In particular, they need to focus on addressing the very real issues in building control regulations that allowed this scandal to happen in the first place.

[Derek Thomas (St Ives) (Con)]

The Government’s plan and funding to address this fire safety issue are a welcome start. I am not going to rehearse the points already made this afternoon, but I believe that the role of affordable home ownership schemes in this disaster has been overlooked.

Many people engulfed in this scandal are first-time buyers who took their first step on the property ladder through Conservative-backed schemes intended to boost home ownership. People use these schemes because they are not cash rich, but they are now facing unexpected bills for life-changing sums, and some are being asked to take up further Government loans to pay them. The drafting of this Bill means that despite owning only part of the value of their flat, leaseholders are potentially liable for 100% of the share of the costs. In effect, they are subsidising their landlords, who own the remaining percentage of the value of the flat but pay nothing to remedy the defects. Leaseholders have always had to pay for the maintenance and upkeep of buildings they do not own, owing to the way leasehold agreements work, but the building defects and costs involved to fix them are beyond what anyone could have contemplated.

With your permission, Madam Deputy Speaker, I would like to read out a case study of a future constituent —someone hoping to relocate to my constituency. This individual owns a one-bedroom flat in the Olympic village in London, in which she has a 35% interest, and is seeking to move to Penzance, in my constituency, to be with her fiancé. The flat was sold to her as a low-risk investment; she was encouraged by the shared ownership Government scheme, as part of their affordable housing directive. Her block was found to have missing fire cavity barriers, rendering it a B2 rating, warranting remediation, with the bills potentially being in excess of £50,000 for her flat alone. The housing association is trying to bring the developers to account, something that legally it is not required to do. Failing that, this will result in a lengthy legal battle, during which she may well be presented with the bill for remediation work in order to make the block fire safe and adhere to the Government’s new guidelines. Applying for a grant under the Jenrick announcement for remediation works is an extremely slow and complicated process. If the housing association does not succeed in getting the perpetrators to fix their mess, she will get the bill, and as a shared owner she will be liable for the full 100% of the bill, not 35%, which is the share she owns of the property. In any case, it is highly unlikely she will be able to sell property for years to come and buy into the Cornish economy by purchasing a house.

My right hon. Friend the Member for North Somerset (Dr Fox) has put forward very pragmatic proposals to unlock the deadlock and improve the fire safety of homes across our nation, and I would welcome the Minister’s response to these sensible proposals,