3rd reading & 3rd reading (Hansard) & 3rd reading (Hansard): House of Lords
Tuesday 24th November 2020

(3 years, 4 months ago)

Lords Chamber
Read Full debate Fire Safety Bill 2019-21 View all Fire Safety Bill 2019-21 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 132-R-I Marshalled list for Report - (12 Nov 2020)
Baroness Pinnock Portrait Baroness Pinnock (LD) [V]
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My Lords, this short, two-clause Bill has provoked considerable interest across the House, which is surprising, as it is a Bill that seeks to remedy some of the system failures that led to the appalling tragedy at Grenfell Tower. I join in the thanks to the Minister for arranging meetings with those of us who wished, through amendments, to improve the Bill. I thank him very much for listening to the concerns we raised.

The Bill, as amended, provides greater protection for residents by implementing some of the recommendations of the Grenfell inquiry phase 1 report and requiring fire risk assessments to be made publicly available for potential residents. The Grenfell Tower Inquiry is, little by little, exposing the building practices that resulted in flammable cladding being attached to Grenfell Tower—and many other buildings across the country—with such tragic consequences.

Currently, there is a crisis involving people across the country who are in constant fear and anxiety because they are living in flats that are encased in flammable cladding. Currently, it is the leaseholders and tenants who are expected to pay towards the costs of making their homes safe. However, we have passed an amendment to stop that outrageous practice. They have been sold homes that were deemed to be safe but are not, because of building failures. The cost of putting those failures right must not be theirs. The amendment we passed on Report puts that principle into the Bill.

Since Report, I have had many emails and messages from desperate and distraught residents of these flats. Some are being asked to pay way over £40,000 towards the costs of putting these cladding and other building failures right. It is not fair and it is not just. I hope the Government will be able to accept the principle set out in the amendment. I very much look forward to the Minister’s reply.

Earl of Lytton Portrait The Earl of Lytton (CB) [V]
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My Lords, it is a great privilege to be invited to make some concluding remarks on the Bill on behalf of the Cross Benches, especially as I was not able to participate in the initial stages. We have covered a huge range of issues, such as those raised by the noble Lord, Lord Bourne of Aberystwyth, on electrical safety, and those raised by the noble Lord, Lord Stunell, and others, focusing on safety assessments and the perils of the deregulatory approach under permitted development rights. We have ranged from fire doors to liability issues and, of course, as highlighted by the noble Baroness, Lady Pinnock, the effect on the innocent who are blighted by the costs of remediating cladding systems.

As a technician, first and foremost, I am particularly grateful for how some of my own points were received. With Dame Judith Hackitt’s report ringing in our ears, even as we debated the Bill the ongoing inquiry under Sir Martin Moore-Bick reminded us of the construction culture that we need to address, along with the reputational challenges that have been the hallmark of what has come out post Grenfell. We must never forget the effect on those who were directly affected by that terrible tragedy. I pay tribute to the Labour Front Bench for constantly reminding us of the need for the Bill. I thank the Bill team and the Minister for keeping us on the critical path—expediting things at this stage is clearly an expression of our common wish.

Of course, some matters will now need to be reconsidered by the Commons, so it may not be the last we hear of this: the Bill needed improvements and I hope that, as mentioned by the noble Baroness, Lady Pinnock, the Commons will take due regard of the careful and considered points that have been raised in this House. Given the legacy of issues that have got us here, it is a tough call, demanding courage and a firm steer from the Government, and I hope the Bill will underpin that process.

Lord Greenhalgh Portrait Lord Greenhalgh (Con)
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My Lords, I genuinely thank all Members of this House for their positive engagement. The Cross Benches, the Liberal Democrats, the Opposition —at the end of the day everybody wants to see a better Bill, and I certainly understand that. I thank the noble Earl, Lord Lytton. I learned a lot from his contribution on behalf of the Cross Benches. It was incredibly thoughtful and practical, understanding that this requires a firm hand from the Government and that we need to have a coherent programme as we move forward.

I am well aware that the building safety Bill, which already has around 120 clauses, will be considerably longer, in its passage through Parliament, than this three-clause Bill. But I want to make the point that we have seen constructive and more opportunistic contributions, and I want to put them into three buckets. The very constructive contributions, as this returns to the other place, are around the competence and capacity of the professionals who will have to work with the system day to day. We not only want to have nice documents and a good fire risk assessment, we need to ensure that fire safety management works and that the people in the buildings know how to prevent these things from happening in the first place. The identification of a responsible person is also important. Accountability underpins all this, so that was very helpful, as was the discussion about the recording of fire risk assessments and their availability to occupants. Some of those points were incredibly constructive—there were more, but I put them in the “constructive and relevant” bucket.

Then we have the “constructive, but this is not the right legislative hook” bucket. Electrical safety is incredibly important, since its lack is the cause of many fires in dwellings. We recognise that we need to find the right vehicle, but this is not it and I think noble Lords accept that.

Then we had the more opportunistic comments. There is a real commitment to implement the phase 1 inquiry findings from this Government, from the Opposition Benches and from the Liberal Democrats, but we had to consult, and the fire safety consultation had more than 200 responses. We need to use that as the vehicle, through regulation, to ensure that the crisis that happened three and a half years ago never happens again. Although you can never say “never”, that is the purpose of these packages of reform and we stand by that commitment. We just want to find the most practical and proportionate ways of achieving that end point, by talking to the people who have to manage that system day to day.

Also more opportunistic were the comments around decades-long poor construction and poor quality. We are talking about decades of problems and, unfortunately, they are going to take a long time to resolve. The question of who pays for this remediation requires careful balance. We want building owners to be responsible for this. We want developers to build high-quality buildings, so that we do not have to remediate in the future to the extent that we do today, and that we face today with our future buildings. We want developers to pay, and they have paid. We have seen this with the ACM fund. However, the extent of how bad this is, beyond cladding, has not really been calculated. It has just been guesstimated, but it runs into many billions of pounds. Therefore, in wanting to have personal accountability but also appropriate action by the state, we have options.