Read Bill Ministerial Extracts
Christopher Pincher
Main Page: Christopher Pincher (Independent - Tamworth)Department Debates - View all Christopher Pincher's debates with the Home Office
(4 years, 7 months ago)
Commons ChamberIt is a pleasure and an honour to wind up the debate for Her Majesty’s Government. I am grateful to my right hon. Friend the Minister for Security and other hon. Members for the insightful contributions that they have made. I will try to answer as many of the questions asked as I can, although I am conscious that something like 32 Members have spoken today. The fact that we do not have a huge amount of time before the moment of interruption, and that there were so many contributions, may well preclude me from providing substantive responses to all the questions raised, but as the Bill makes progress through the House, I am sure that there will be further opportunities for everybody to debate and test its provisions.
I shall begin by commenting on some particular contributions. The hon. Member for Sheffield South East (Mr Betts), the Chairman of the Housing, Communities and Local Government Committee, made it clear that his Committee will treat the pre-legislative scrutiny of the building safety Bill very seriously. A number of Members have mentioned that Bill. Let me confirm that we will bring it forward in draft form before the summer recess, which will give Members an opportunity to begin to consider it.
I should also like to mention my hon. Friend the Member for Kensington (Felicity Buchan), who noted how the survivors of Grenfell have conducted themselves throughout with grace and dignity—she is right. She was also right to say that we need to work collectively and with purpose to address what happened that night.
My hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill) said that he had not received a letter from me in response to his, written on 26 February. I will certainly look into that, because I know that he has long campaigned for his constituents living in Northpoint.
Members across the House campaign for their constituents. My hon. Friend the Member for Erewash (Maggie Throup), who is in the Chamber, campaigns for her constituents who lost their homes in the lace mill fire a little while ago. Homes were lost; thankfully, no lives were lost.
My hon. Friend the Member for Stoke-on-Trent North (Jonathan Gullis) and others raised the question of fire risk assessors. The Government have been working with the fire risk assessment sector to develop a clear plan to increase its capacity and capability. We will work at pace to do that, and we will introduce a panel of expert fire engineers to ensure that there is expert assessment of more complex buildings. I pay tribute to my hon. Friend the Member for Don Valley (Nick Fletcher), who raised the question of the inspection of lifts. He may wish to continue to raise it as the Bill proceeds through the House.
All Members who have taken part in the debate have rightly put the need to safeguard residents such as those who were involved in the Grenfell fire at the front and centre of their contributions because, ultimately, what matters is saving lives. We cannot bring back those who lost their lives on 14 June 2017, but we can keep moving forward, applying the lessons that we continue to learn, and taking the necessary actions to keep others safe so that a residential fire such as the one we saw at Grenfell Tower can never be repeated.
As we have said and demonstrated by our actions over the last three years, we are committed to a generational reform of building and fire safety. We have to get this right. This is a short, technical Bill—I make no apology for that. It clarifies the law and constitutes a further step towards ensuring that there is better identification and management of fire safety risks in all multi-occupied residential buildings. It will also give us the firm foundation needed to bring forward further legislation under the fire safety order to deliver the recommendations from the Grenfell Tower inquiry phase 1 report, issued on 29 October last year, which called for new obligations for building owners. The Bill will give certainty to all those working under the fire safety order, those who are regulated by it and those who enforce it.
There are challenges in respect of how we implement the Bill, particularly regarding the assessment of external wall systems. We will continue to work closely with our partners to deliver assessments on the ground in a way that is manageable and that takes account of the capacity and capability issues that hon. Members have raised. However, the direction of travel is clear, and I urge building owners and managers, in line with the independent expert panel’s recent consolidated advice note, to start taking account of fire risks arising from external walls and cladding as of now, if they have not done so already.
As my right hon. Friend the Minister for Security mentioned in his opening speech, my Department will bring further legislation before Parliament for scrutiny in the course of this year. The building safety Bill, which I have mentioned, will deliver an enhanced safety framework for higher-risk residential buildings and provide wider and stronger oversight of safety and performance across all buildings. Residents’ safety is at the heart of all these reforms.
The Government have already taken forward a range of other legislative and non-legislative measures, including the provision of £1 billion to remove unsafe cladding, such as high-pressure laminate and wood on all blocks of flats over 18 metres; the provision of £600 million for the replacement of unsafe aluminium composite material cladding on high-rise social and private buildings over 18 metres; banning the use of combustible materials in cladding systems on high-rise blocks, as well as in hospitals, care premises and student accommodation; publishing a summary of responses to the call for evidence on the fire safety order; and setting up, in shadow, the building safety regulator.
I hope that hon. Members will acknowledge that we are taking forward a comprehensive response to the tragedy of that night in June 2017. The system failures in building and fire safety that have been identified by Dame Judith Hackitt in her report—the next phase of the Grenfell Tower inquiry will consider them further—are at the heart of our agenda. The importance of the work on building and fire safety is underlined by the fact that Lord Greenhalgh has recently been appointed to work jointly across both Departments to deliver these important reforms. In that vein, I remind the House that my right hon. Friend the Security Minister has huge expertise in this area because of his previous service in my Department and his current service in the Home Office.
As I anticipated at the start of my speech, I have not been able to address everybody’s concerns, but there will be further and ample opportunity, during the Bill’s passage through the House and through the scrutiny of other legislation, to address Members’ concerns. This is not the only piece of legislation coming forward and it is not the last piece of legislation coming forward; it is the first piece of legislation to address the concerns that colleagues have raised.
This debate has shown the House at its best. Despite the restrictions—the very physical restrictions—that have been placed on us by covid-19, the Members of this House have operated in a new way of working to ensure that we have meaningful and, for the Government, challenging debate. I welcome the strong measure of cross-party, collaborative support mentioned by the hon. Member for Croydon Central (Sarah Jones); I will work with her to make sure that we get the best piece of legislation on to the statute book.
As the third anniversary of the Grenfell fire approaches, the Government are steadfast in their determination to see this Bill enacted as quickly as possible as a prelude to further legislation. I commend the Bill to the House.
Question put and agreed to.
Bill accordingly read a Second time.
Fire Safety bill (Programme)
Motion made, and Question put forthwith (Standing Order No. 83A(7)),
That the following provisions shall apply to the Fire Safety Bill:
Committal
(1) The Bill shall be committed to a Public Bill Committee.
Proceedings in Public Bill Committee
(2) Proceedings in the Public Bill Committee shall (so far as not previously concluded) be brought to a conclusion on Thursday 25 June 2020.
(3) The Public Bill Committee shall have leave to sit twice on the first day on which it meets.
Proceedings on Consideration and up to and including Third Reading
(4) Proceedings on Consideration and any proceedings in legislative grand committee shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which proceedings on Consideration are commenced.
(5) Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.
(6) Standing Order No. 83B (Programming committees) shall not apply to proceedings on Consideration and up to and including Third Reading.
Other proceedings
(7) Any other proceedings on the Bill may be programmed.—(Michael Tomlinson.)
Question agreed to.
Fire Safety Bill (Money)
Queen’s recommendation signified.
Motion made, and Question put forthwith (Standing Order No. 52(1)(a)),
That, for the purposes of any Act resulting from the Fire Safety Bill, it is expedient to authorise the payment of money provided by Parliament of any increase attributable to the Act in the sums payable under any other Act out of money so provided.—(Michael Tomlinson.)
Question agreed to.
Fire Safety Bill Debate
Full Debate: Read Full DebateChristopher Pincher
Main Page: Christopher Pincher (Independent - Tamworth)Department Debates - View all Christopher Pincher's debates with the Ministry of Housing, Communities and Local Government
(3 years, 9 months ago)
Commons ChamberI beg to move, That this House disagrees with the Lords in their amendments 4B, 4C, 4D and 4E.
I thank all right hon. and hon. Members for engaging in this very important debate, both now and throughout the passage of the Bill. I particularly thank my hon. Friends the Members for Kensington (Felicity Buchan), for Ipswich (Tom Hunt), for Rochester and Strood (Kelly Tolhurst) and for Wimbledon (Stephen Hammond), and Members across the House, for the keen interest they have shown in this matter. I will keep my opening remarks short, as I know that many Members are keen to contribute, and I shall wind up later on.
The Government remain steadfast in their commitment to delivering the Grenfell Tower inquiry phase 1 report’s recommendations. This Bill is an important first step in delivering those recommendations. The Government have always been clear that all residents should be safe and feel safe in their homes. That is why we will be providing an additional £3.5 billion to fund the removal and replacement of unsafe cladding on residential buildings.
Will the Minister give way?
I will give way to the hon. Gentleman later on; let me conclude my initial remarks.
This will be targeted on the highest-risk buildings—that is, those buildings over 18 metres tall that have unsafe cladding. The scale of this investment should not be underestimated, with over £5 billion of taxpayers’ money, and more when the developer levy and the developer tax are taken into account. We have an ambitious timescale to ensure that remediation of unsafe cladding is completed at pace. We are also now seeing tangible progress from the Royal Institution of Chartered Surveyors revising its guidance on EWS1 forms, lenders committing to adhering to RICS guidance, and more developers now allocating significant funds for remediation.
As parliamentarians, we have a duty to implement a clear framework and transparent legislation to support fire and building safety reform. I am afraid to say that, despite the best intentions of these Lords amendments—I absolutely accept the sincerity with which they have been posited—they are unworkable and impractical. They would make the legislation less clear, and they do not reflect the complexity involved in apportioning liability for remedial defects. I have had extensive conversations about the effects that the amendments might have with my hon. Friend the Member for Rochester and Strood, who has pressed me hard on this, as have others. These amendments would also require extensive redrafting of primary legislation, resulting in delays to the commencement of the Fire Safety Bill and to our overall programme. They could also have unintended and possibly perverse consequences for those that the amendments are intended to support, and we would still be no further forward in resolving these issues.
I shall give way to the hon. Member for Cardiff South and Penarth (Stephen Doughty) when I return to speak later, but let me say in concluding my opening remarks that we cannot accept these Lords amendments and we encourage the House to vote against them and for the Government amendments.
I am pleased that so many Members have put in to speak today. I will keep my remarks fairly brief, but I want to make three points. First, thank goodness I am not standing at this Dispatch Box again and pleading with the Government to agree at the very least a timetable to implement the vital fire safety measures from the first phase of the Grenfell inquiry. I am pleased that the Government have agreed in the other place to Labour’s suggestion of a timetable. Before the second anniversary of the Grenfell phase one recommendations, the Government have committed to regulations to implement them, and that will be by October this year. They said that this would delay the Bill, that it would be too complicated and that it would be too hard to do, but they have now agreed to a version of it. It is not quite what we wanted, but it is something close.
I have lost count of the number of times we have voted on the Grenfell recommendations and the number of times we have been pushed back, and it is quite extraordinary that the Government have taken so long to get us here. Labour’s previous amendment, which the Government have now agreed on a timetable to deliver, would do four things: the owners of buildings that contain two or more sets of domestic premises would share information with their local fire and rescue service about the design and make-up of the external walls; they would complete regular inspections of fire entrance doors; they would complete regular inspections of lifts; and they would share evacuation and fire safety instructions with residents and the fire service. These measures are straightforward and are supported by key stakeholders.
In the Minister’s letter that sets out details of the Government’s concession, he wrote that the Government would lay regulations to make responsible persons produce and regularly review evacuation plans for their building. The Grenfell recommendation, and our amendment, said more than that. They said that that information should also be shared with local fire and rescue services and residents. I would like the Minister to clarify in his closing remarks who these evacuation plans will be shared with and how this will be enforced, but I am grateful to him for seeing sense and heeding our calls to do the right thing, because it has been ages.
I come to the second point that I want to make. It has been nearly four years since 72 people so tragically lost their lives in the Grenfell Tower fire. In those four years, Grenfell United, the families, the survivors and the entire community have fought tirelessly for change. It is thanks to their hard work and dedication that the Government have finally agreed to implement the recommendations by October 2021. I pay tribute to them and their ongoing fight for justice. I pay tribute to our firefighters who keep us safe every day. We know that cuts to their service have hit hard—response times are inevitably affected, and morale is affected—and now they have a pay freeze, which is no way to thank them for going above and beyond during the covid pandemic.
I come to my third and final point. Leaseholders should not have to fund the cost of fire safety remediation works when they are not to blame and they are the least able to pay.
I have great respect for my hon. Friend the Member for Thirsk and Malton (Kevin Hollinrake) and his expertise in this policy area. I accept that the amendment is not at all perfect, but it is the only thing that is currently available to keep the issue in play, which is why, unfortunately, I cannot support the Government tonight. I had hoped we would have a solution by now.
The simple point is that whoever is at fault—there may be a number of them as this has happened over a period of time—the people who are not at fault are the leaseholders who bought in good faith. They relied on surveys and regulations that appeared to suggest that their properties were in order and had no reason to think otherwise. It therefore cannot be right that they are out of pocket, regardless of the height of the building. I quite understand that there may be perfectly good reasons for using 18 metres as a threshold of risk for prioritising work, but it has no relevance to responsibility, moral or otherwise, so it is an arbitrary cut-off point.
I had hoped that Ministers would have taken the opportunity between the previous debate and this one to come up with a further scheme. I urge my right hon. Friend the Minister, who I know is trying to do the right thing and has put a great deal of money into the matter, to continue to think again and work urgently on this matter because, as my right hon. Friend the Member for North Somerset (Dr Fox) said, time is pressing. The only people who do not have the cash flow are the leaseholders. By all means go after those at fault, be they builders, developers or contractors, but in the meantime we cannot leave leaseholders, who have done nothing wrong, facing bankruptcy because they are effectively in negative equity and are having to fork out for a significant amount of costs, as are my constituents at Northpoint in Bromley.
This is destroying people’s lives. None of us wants to do that and I know that the Government do not want to do that. To find a solution, we have to cover the costs for those people who are not in a position to fund these costs over the length of time between this Bill imposing a liability on them and the Building Safety Bill coming along perhaps 18 months—12 months at best—down the track. It is covering that gap that needs to be done. That gap has to be covered in a way that treats and protects all leaseholders equitably regardless of the height of the building. I hope that the Government will use the opportunity of this going back to the other House to think again and urgently to crystallise a solution that we can all join around. The intentions are the same across the House, but we must have something that does not leave leaseholders—those who are not at fault—exposed. It is not a question of caveat emptor. They relied on professional advice and assurances. They are not the ones at fault. Be it loan or grant, either way they should not be picking up the tab for something that was not, ultimately, their responsibility.
I am grateful to all right hon. and hon. Members for their contributions to this debate. Members have spoken passionately and sincerely on behalf of their constituents. I think that everybody, from all parts of the House, wants to see the cladding scandal ended once and for all, and ended quickly, which is what the Government are about.
As I did not give way to the hon. Gentleman earlier, I suppose that it is only right for me to give way to him now.
The Minister is being very generous. He kindly agreed the other day to speak to his ministerial colleagues about getting a sit-down meeting with Julie James, the Welsh Minister for Housing and Local Government, to resolve some of these unanswered issues. She did write on 10 February to the Secretary of State for Housing, Communities and Local Government. She has yet to receive a reply. Can we please get that meeting arranged and please get some answers to her very reasonable questions on behalf of leaseholders in Wales?
Not only did the hon. Gentleman speak to me in the Chamber, but, even more importantly, he spoke to me in the Tea Room. I shall certainly ensure that he gets a response as swiftly as possible.
In the time that I have, let me speak to the effectiveness of this amendment. As parliamentarians, no matter what the issue is before us, we have a duty, as I said earlier, to implement a clear framework and transparent legislation to support fire and building safety reform. Despite the best intentions of those who have tabled this amendment, I have to say that it is unworkable and impractical. There are three specific points that I should raise. First, the amendment does not take into account remedial works that arise outside of the fire risk assessment process—for example, costs identified as a result of a safety incident or building works taking place. In such cases, this will not prevent costs being passed on, so it does not deliver what Members want it to do. Furthermore, if these amendments were to be added to the Bill and become law without the necessary redrafting of the legislation, the Government, and thereby the taxpayer, would in all likelihood fall liable to protracted action by building owners in the courts. Building owners could use litigation to claim for costs that they feel are entitled to be pursued from leaseholders. While that litigation is ongoing, there could be further delays to construction work carried out on urgent remediation. It could be a waste of time and a waste of taxpayers’ money. Redrafting the Bill is not something that can be done at the stroke of a pen. It requires parliamentary counsel and parliamentary draftsmen to work at it to ensure that any changes are sound and that any secondary legislation is also prepared, so that the Government, and thereby the taxpayer, can avoid legal challenge. We would not be able to get it done in this Session.
Furthermore, the amendments do not reflect the complexity involved in apportioning liability for remedial defects. The Government have announced how they will distribute costs, including from developers and industry, through our upcoming levy and tax. A decision through this amendment to pass all these costs to the building owner would be overly simplistic and it could be counter-productive. It would be self-defeating if landlords, faced with remediation costs, simply walked away. Many could do that. They could activate an insolvency procedure and just walk away. That is not about protecting freeholders, but about protecting leaseholders. It is about their position, because if leaseholders are left behind as the owners walk away, they would be in the same position as they are now, with no certainty on how works would be paid for or when they will be done. There is a real risk that this amendment could make the problem worse for leaseholders. We would be left in a situation where there would be delays to the commencement of the Fire Safety Bill, delays to our wider building safety programme, greater uncertainty for leaseholders and, quite possibly, unintended and deleterious consequences for them. We would not be any further forward in resolving the issue.
Fire Safety Bill Debate
Full Debate: Read Full DebateChristopher Pincher
Main Page: Christopher Pincher (Independent - Tamworth)Department Debates - View all Christopher Pincher's debates with the Ministry of Housing, Communities and Local Government
(3 years, 7 months ago)
Commons ChamberI beg to move,
That this House disagrees with Lords amendment 4J.
With this it will be convenient to consider amendments (g) to (l) in lieu of Lords amendment 4J.
I want first of all to thank all hon. Members for joining in this crucial debate, because all of us in this House agree that residents deserve to be safe, and to feel safe, in their homes. I want to reiterate in the strongest terms the importance of the Bill as a step along the way to delivering that objective, and the risk that we would create if we were to continue to allow these remediation amendments, however well-intentioned, to delay legislation.
The Bill was introduced over a year ago. We are almost at the point of getting it on the statute book, and it is vital that we remind ourselves of the fundamental purpose of what we are seeking to achieve—to provide much-needed legal clarification of the Regulatory Reform (Fire Safety) Order 2005 and direct the update of the fire risk assessments to ensure that they apply to structure, external walls and flat entrance doors. I will give way briefly to the right hon. Member for East Ham (Stephen Timms), but I want as many hon. Members to speak as possible.
I am grateful to the right hon. Gentleman for giving way. Ministers have repeatedly said that leaseholders should not bear the costs of the fire cladding scandal. Why is he insisting today that they should?
The right hon. Gentleman knows of the very significant amount of public money that we have set aside to remediate those buildings that are the most at risk of fire, where serious injury might take place, and the financial provisions that we have set aside also to help other leaseholders. If we do not resolve the Bill this week, fire assessments will not cover those critical elements of which I spoke, and they may continue to be ignored by less responsible building owners. Moreover, the fire and rescue services will be without the legal certainty that they need to take enforcement action. Ultimately, that will compromise the safety of many people living in multi-occupied residential buildings. Without the clarification provided by the Bill, it will mean delaying implementation, possibly by a year, of a number of measures that will deliver the Grenfell inquiry recommendations.
As I said, I want as many Members as possible to have the opportunity to speak, so I will say no more for the moment until I wind up the debate, save for reiterating two points. First, these remaining amendments, although laudable in their intentions, would be unworkable and an inappropriate means to resolve a problem as highly complex as this. Secondly, the Government share the concerns of leaseholders on remediation costs, and have responded, as the House knows, with unprecedented levels of financial support to the tune of over £5 billion, with further funds from the developer tax, which the Treasury will begin to consult upon imminently, as well as the tall buildings levy. Developers themselves have begun to announce more significant remediation funds.
It is in everyone’s interests to ensure that we do not put at risk the progress that has been made by failing to get the Bill on the statute book by the end of this Session.
Before I call the shadow Minister, may I reiterate that this is a very short debate with a long list of speakers, which is why I have put a three-minute limit on Back Benchers? Obviously, if colleagues can be shorter than that, we might actually get everybody in.
My hon. Friend has raised that point many times, and he is standing up for his constituents in a way that I am afraid that this Government will not.
What do the Government care about? We are left with one possible answer. Do the Government care only about the donors who keep their Prime Minister in fancy furniture, so that he can spend £60,000 on curtains in No. 10, while nurses and key workers out there face £60,000 bills for cladding with no wealthy Tory donors to bail them out? Do the Government really care only about big property developers, such as European Land and Property, which developed a block of flats in Paddington that used the same aluminium composite material cladding as was on the Grenfell Tower, and which has donated £2.5 million to the Conservative party since the Grenfell Tower fire in 2017? Do the Government really care only about Britain’s biggest builders, who have built up vast profits during the pandemic, such as Persimmon—
The Minister is shouting names at me from a sedentary position, but he is not answering the question. I do not want to be right. I do not want that to be what the Government care about. I honestly always believe the best in people and applaud my colleagues from across the House who have stood up for their constituents time and again on this, but even they are asking why else the Chancellor and the Prime Minister are ignoring a financial and human crisis on such a growing and worrying scale.
Let us vote today to start putting this right and prove me wrong. It is not just Opposition Members who support amendments to protect leaseholders. A recent poll from YouGov commissioned by the National Housing Federation found that three quarters of MPs, including two thirds of Conservative MPs, say that the Government should pay the costs of all building safety work up front and then claim it back later from those who are responsible. I have not heard a single argument that bears any scrutiny as to why it is okay to let leaseholders foot a bill for tens of thousands of pounds, or to sit by as homeowners face bankruptcy or decades of lingering debt.
We welcome the latest amendment from the Bishop of St Albans, which would put into law a guarantee that building owners cannot pass on the costs of any remedial work to leaseholders in the time before the Government introduce their promised legislation. I am also very interested in the amendments tabled by the right hon. Member for North Somerset (Dr Fox), which propose that the Government should follow the polluter pays principle.
Yet again, the Government have decided to lay a motion to disagree with the Lords amendment. This is a betrayal of the promise that Ministers have made over 17 times that leaseholders will not be left to foot the bill. The Minister’s argument that it would delay further works does not work. If the Government have not managed to work out how to pursue the money from those responsible, why do they not do what is right and stop leaseholders footing the bill?
The Bishop of St Albans’s amendment would buy the Government some time. It would protect leaseholders while the Government come up with a longer-term plan. We ask the Minister again, if he does not think that the proposed amendments are right as they are, why not amend them? Why, when it is directly in their gift, will the Government not pay to fix these problems and then go after the building companies and developers that are responsible? Leaseholders deserve justice now.
I apologise to those who did not get in, but I do need to bring the Minister in.
I thank all hon. and right hon. Members for their contributions today. The House will know that we have a duty to implement clear and effective legislation to support fire and building safety reform. We have an obligation in this place to make good law. While I entirely accept that the motivations of all those who have contributed today are not to damage the Fire Safety Bill, I have to tell them that the practical consequence of passing the Lords amendments would be to do that, because they are ineffective and defective. Let me explain why, before moving on to some of the other points that Members have made.
The amendments would prevent any type of remediation costs being passed on to leaseholders, even if the cost was very minor or if the leaseholder was responsible for damage, and that is not a proportionate response. There is no framework in the Lord Bishop of St Albans’ amendment to distinguish between different works. I think all Members would agree that the taxpayer should not be paying for minor costs, such as replacing a smoke alarm, and that if the leaseholder is responsible for breaking a smoke alarm, in all likelihood they should fix it. The amendment is also unclear on who should take responsibility for remediation works until a statutory funding scheme is in place to pay or direct the costs, and that would result in remediation being delayed, even in the case of minor defects, if routes of cost recovery are unclear.
Will my right hon. Friend give way?
If my hon. Friend does not mind, I will not give way, because I have to conclude my remarks. Perhaps if I have a bit of time at the end, I will.
These orphan liabilities would leave leaseholders continuing to live in unsafe properties with no further clarity as to who will pay. It is important to ensure that taxpayers’ money is protected as much as possible and that remediation is not delayed unnecessarily in extended litigation such as we might find ourselves in. It is not the solution that leaseholders need or the one that the taxpayer deserves.