Fire Safety Bill

David Amess Excerpts

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

[Sir David Amess (Southend West) (Con)]

Today our country is in the midst of a national crisis, and together with the rest of the world we face an invisible enemy. No individual or group of people can say with any certainty how this crisis started and how it will end, but I feel certain that working together we will overcome it. That is in sharp contrast to the Bill before the House, which was of course triggered by the Grenfell disaster.

Who can forget the chilling morning of 14 June 2017, when we all woke to see the Grenfell Tower become a burning inferno? Words cannot describe adequately the horror that I and everyone in our country felt when we saw the tower ablaze. We could see the enemy there. It was a fire, and yes, Parliament could and should have done something to prevent it from happening. The all-party parliamentary fire safety and rescue group drew attention on countless occasions to the underlying issues surrounding the cause of the fire, but unfortunately, those warnings were not acted on swiftly enough.

I, as chair of the APPG, do not want to dwell on the past. Instead, I want to say that I am delighted by and welcome the Bill, which will at long last require owners and managers of multi-occupancy residential buildings in England and Wales to reduce the risk of fire through unsafe materials on the external walls of buildings and individual flat entrances. Essentially, I am delighted to say, it closes at last a legal loophole that left it unclear whether fire safety legislation applied to certain parts of multi-occupancy residential buildings, such as the structure’s external walls, including anything attached such as cladding, balconies and windows, and the entrance doors to individual flats that open on to common parts. Our APPG strongly supports the Bill. As my hon. Friend the Member for Kensington (Felicity Buchan), who represents the constituency where the tower is, said, the Bill provides reassurance to residents that the Government have learned lessons from the Grenfell tragedy and are taking steps to improve the safety of those residents while ensuring that building owners and managers—the Opposition spokesman was right to draw the House’s attention to this—are clear that they are responsible for assessing the risk of external walls and fire doors of any height. If I had the time, I would say something else about height, but I hope that Members will discuss that in Committee.

The fire and rescue services’ role of undertaking enforcements against dangerous cladding and fire doors in residential buildings is also made clear. While the application of the order initially applies to a building containing two or more sets of domestic premises, the relevant authority may, by regulations, amend the order to change or clarify the premises to which it applies. The Bill will bring these areas within the scope of the 2005 order, ensuring that the responsible person assesses and mitigates the fire safety risk associated with these parts of the building. Fire and rescue services will at long last be able to take enforcement action and hold the responsible person to account if they are not compliant.

As my right hon. Friend the Minister of State said, the Secretary of State for Housing, Communities and Local Government will gain powers to amend the 2005 order by way of secondary legislation, enabling Government to adapt legislation to align it with the proposed new building safety regulatory system and to implement the recommendations of phase 1 of the Grenfell public inquiry, such as new requirements for signage and evacuation plans in residential buildings. As has been said, this Bill is, in effect, enabling legislation that will address much-criticised legal ambiguity that has hampered fire and rescue services in trying to deal effectively with unsafe cladding and flat entrance doors. They will be expected to use these new powers, and landlords and responsible persons should be prepared for that, as the Minister of State said.

For the past 11 years, since the July 2009 Lakanal House fire tragedy, and with more intensity since the inquest on that fire seven years ago, the all-party parliamentary group has warned what would happen. I am delighted that now the Minister of State will work with us in the future.

Fire Safety Bill

David Amess Excerpts

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

[Sir David Amess (Southend West) (Con)]

I rise to speak to amendment 1, and I welcome, to a greater extent, the remarks of the hon. Member for Croydon Central (Sarah Jones). I thank her for her generous remarks about myself, of which I am not worthy; I have simply been the mouthpiece for others who have been doing the work behind the scenes.

My right hon. Friend the Minister and I have known one another for a very long time; in fact, when I was an MP for another place, he and his dear wife were there knocking on doors for me, yet now I have tabled an amendment which is not exactly what he wants. I have something to say to him, to which he must not take offence: I am a loyal Conservative through and through, but there comes a point when that loyalty begins to wane a bit. I say to my hon. Friends on the Government Benches that the Government are in choppy waters at the moment. I do not want to tip the boat over, but I am beginning to tire of the responses we have been getting from the Front Bench, and I will come to that in a moment.

I am delighted to see present my hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill), who was once a fire Minister—I hope he is not here to pick holes in my argument; he had better not—and my hon. Friend the Member for Don Valley (Nick Fletcher), who has far more expertise in electrical matters than I could ever hope to have, and also of course the hon. Member for Hammersmith (Andy Slaughter), who has campaigned on this issue for many years. That shows that there is broad all-party parliamentary support on this matter, and it is not party political.

[Sir Robert Neill (Bromley and Chislehurst) (Con)]

Will my right hon. Friend give way?

[Sir David Amess]

I hope my hon. Friend is not going to disagree.

[Sir Robert Neill]

I assure my right hon. Friend that I very much sympathise with the points he was making, and I am certainly not here to pick holes. As a fellow West Ham supporter, I would never dream of picking holes in my right hon. Friend’s arguments, and I hope that the Minister, as another West Ham supporter—like Jim Fitzpatrick—would not either. Perhaps we can get some unanimity as to the objective, even if we need a bit of clarity on the way forward; does my hon. Friend the Member for Southend West (Sir David Amess) agree that that is what we need from this debate?

[Sir David Amess]

I thank my hon. Friend for his kind words, but the three of us have got one or two worries about West Ham at the moment because we lost 5-3 in the friendly; we hope to do a little better when the serious matches start.

Let me say at the outset that, as I said on Second Reading to my right hon. Friend the Minister, I very much support this Bill, and the hon. Member for Croydon Central said that as well. It is, understandably, short and is clear in its purpose of making provision about the application of the Regulatory Reform (Fire Safety) Order 2005 where a building contains two or more sets of domestic premises, and it also confers power to amend the order in future for the purposes of changing the premises to which it applies. That being noted, I say to my right hon. Friend the Minister that I believe that if the Government were minded to accept my amendments, that would improve the Bill even further. And what is wrong with that—that is something that we should embrace?

However, I do accept that when my right hon. Friend comes to reply, he will draw out of his folder a bit of paper telling him to resist the amendments, and to do so because they are “not in order”, or because “It’s the wrong Department” or “It’s the wrong time.” It is never the right time, however, and I say to my right hon. Friend that we owe it to the people who died in Grenfell, and their relatives and friends, to act as quickly as possible. And I say to those on the Treasury Bench that there is more than enough time to legislate; my goodness, we packed up on Thursday at 1.35 pm. I could have filled the Chamber’s time with endless issues. I say to my right hon. Friend that we should find time in the legislative programme for this.

While taking account of phase 1 findings from the Grenfell Tower public inquiry, the Bill requires owners and managers of multi-occupancy residential buildings in England and Wales to reduce the risk of fire by removing unsafe materials on the external walls of buildings and the individual flat entrance doors. As the hon. Member for Croydon Central has said, the responsible person or duty holder for a multi-occupied residential building must manage risk for the structure, external walls, cladding, balconies and windows, but this legislation should also consider the source of fires in the first place. Surely, for goodness’ sake, that is what this legislation should be all about. The purpose of my amendments is to be proactive, and to help prevent fires caused by electrical sources of ignition and ensure that consideration of the safety of electrical appliances is given in this Bill, as they are a key cause of fires in people’s homes.

These amendments further build on the Government’s new regulation for the private rented sector, The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020, which will give electrical safety checks every five years to tenants in the private rented sector—I certainly welcome that. I commend the Government on introducing those regulations, which had cross-party support, but I believe this Bill can be amended further to include electrical checks for all people in buildings of multiple occupancy. I know that the Minister will tell us at the end why it cannot.

I wish to thank the wonderful charity Electrical Safety First, which has worked with me, as chairman of the all-party group on fire safety and rescue, on its long-standing campaigning to prevent fires caused by electricity in domestic homes. I agree with ESF’s assessment that this Bill should do something more to prevent fires from occurring in the first place, so my amendments seek a solution that will strengthen the protection that people living in high-rise residential buildings require. I accept that the Government are giving some consideration of electrical appliance safety through their Draft Building Safety Bill, but my amendments are designed to ensure that electrical appliances are registered with the responsible person for high-rise domestic dwellings and to introduce mandatory checks for all residents, whatever the tenure of their home. It is truly shocking that electricity causes more than 14,000 fires a year, which is almost half of all accidental house fires. In England, 53% of dwelling fires are caused by an electrical source of ignition, but what does this House do about it? It does nothing, and there is time now to do something. Let us, in this unusual Parliament, where we are trying to fight the invisible enemy, do some good—my amendment would do that.

There are about 4,000 tower blocks in the United Kingdom, and the English housing survey estimates that they contain more than 480,000 individual flats in England alone—that is a huge number. Unless every unit in a high-rise building is subject to the same safety regime, everyone in the building can be placed at risk from one single flat—my goodness, how we found that out not so very long ago. Therefore any measure to improve electrical safety in multi-occupied buildings can help to protect more than 1 million people. New analysis of Government data reveals that nearly a quarter of the accidental electrical fires that occurred in high-rise buildings in the past five years in England were the result of faulty appliances, leads and fuel supplies, which can include electrical wiring in a property. My amendments would see a responsible person record the presence of white goods, in order to minimise the risks that faulty goods can pose in densely populated buildings—I know that that is a challenge, and I say to my right hon. Friend that I accept the practicalities about it. Keeping a record of the appliances in use would mean that faulty recalled appliances could be removed or repaired—if only that had happened with the Whirlpool appliances. Mandatory five-yearly electrical safety checks in tower blocks, regardless of tenure, are also included in the amendment. Current regulations mean that privately rented flats are required to have electrical safety checks, but other tenures are not, which has created what I would describe as a tenure lottery of buildings, which often include owner-occupier, privately rented and social housing property.

The tasks to check tenants’ electrical safety would be undertaken by competent, registered electricians, and I know my hon. Friend the Member for Don Valley (Nick Fletcher) will have something to say about that. I am aware of the concerns of the Fire Brigades Union, who have written to me. I fully accept that their members have more than enough to do without bearing the responsibility for this work, and there is absolutely no intention in the amendments that fire officers would actually undertake it. Let me provide that assurance, and I would be very happy to talk to the Fire Brigades Union about the situation.

More worryingly, analysis shows that over the past three years, accidental electrical fires in high-rise buildings have risen consistently year on year, and it is absolutely ridiculous that that is happening. High-profile tower block fires have been previously linked to electrical sources, including Lakanal House, where an electrical fault with a television claimed the lives of six people, and Shepherd’s Court of course where, as the hon. Member for Hammersmith has told us in detail on other occasions, a faulty tumble dryer led to extensive damage to an 18-storey building. While other factors accelerated that fire, it must be highlighted that the primary cause of the Grenfell Tower fire was an electrical source of ignition, as subsequently confirmed by the Grenfell inquiry—that source is in phase one documentation.

It is important to note that fires are not all caused by appliances themselves, but by misuse of them. That is why, despite my amendments, education is obviously very important. Every year, there is a week of educational awareness raising with the public on the proper use of electricity and appliances through the “Fire Kills” campaign. Recent tragic events have demonstrated the fatal risks that electrical accidents and incidents pose to people in their own homes, particularly in high-density housing such as tower blocks. Electrical Safety First has worked to ensure that tenants living in the private rented sector are protected by mandatory five-yearly electrical safety checks in their properties, which was recently brought into law. Such measures are crucial in bringing down the number of electrical accidents and incidents, and I believe that now is the time to include individual dwellings in tower blocks in that regime, regardless of their tenure.

I appreciate that this is a short Bill that will amend the Fire Safety Order 2005, which focuses on non-domestic measures, but it will also amend the order in domestic homes. That means that homes in high-rise blocks will be affected by the proposed legislation, and this offers an excellent and straightforward opportunity to ensure that all who live in such buildings are brought under the same safety regime. Given this, I believe that the newly created role of the responsible person for each high building should include the task of compiling a register of every white good in the building. That ensures that when a recall occurs, anyone with an affected appliance can be quickly alerted and the safety risks resolved. Relying on consumers to register and respond to recalls in these buildings when the potential risk is so high must be considered wholly inadequate and unrealistic.

--- Later in debate ---

[Sir David Amess]

I rise to support the Third Reading of the Bill and wish it a swift passage in the other House. The Bill has been welcomed by public and industry bodies, noting the expected increase in the enforcement action by fire service authorities as a result of its clarifications, as well as an expectation that it will impose greater burdens on the responsible person in multi-occupancy residential buildings.

On 20 July, the Government also published the draft Building Safety Bill, which takes forward their fundamental reform of the building safety system, introducing new regulatory regimes for building safety and construction products. Unquestionably, the Bill would strengthen the whole regulatory system for building safety as well as ensuring that there is greater accountability and responsibility for fire and structural safety issues throughout the life cycle of buildings within the scope of the more stringent regime.

Having said all that, I very much hope that the Government will not ignore all the points that have been made by the Opposition and the arguments that I have tried to make this evening. We cannot, and must not, waste any more time by pushing the issue of electrical safety around between different Departments. We owe it to those who lost their lives in Grenfell and other fires to find the parliamentary time and the right vehicle to enshrine electrical safety in legislation.

Question put and agreed to.

Bill accordingly read the Third time and passed.