Housing Bodies: Accountability

Grahame Morris Excerpts

Tuesday 20th November 2018 Westminster Hall

[Mr Cunningham]

I agree with the hon. Gentleman, but I would add that we need the resources, too. We cannot have joined-up thinking without providing them. We have to provide the resources for resolution of the problems, even if we have joined-up thinking. I do not necessarily disagree with him, but it is a question of resources.

I recently had a piece of casework where a constituent had an issue with his housing association, Orbit Housing, in Coventry. Without going into too much detail, the constituent had a concern that Orbit Housing was not adequately dealing with. I wrote to Orbit Housing, and we had the usual initial exchange of correspondence before it investigated the matter further. However, the correspondence I was receiving soon stopped, and I had to chase it for what was an undetailed response. We have all had experiences of delayed and undetailed responses to casework correspondence—I would like to see an improvement in the speed and helpfulness of responses—but that is not the main issue arising from this case. When I eventually received a final letter from Orbit Housing, it was highly unsatisfactory after such a delay.

Orbit Housing said that it could not tell me what steps it was taking because of data regulations. I make it clear that I do not want to know what people have in their bank account or when they got married. We do not want that information; we want to know that the issues we are raising are being pursued, and we want to know the details of how they are being pursued.

[Grahame Morris (Easington) (Lab)]

I congratulate my hon. Friend on securing the debate. He is making an important point about how public bodies are using the General Data Protection Regulation to obstruct Members of Parliament seeking to represent their constituents. On a housing-related issue involving someone with disabilities, I had to table some written parliamentary questions, and I asked the Ministry of Justice to establish an MP hotline for the tribunals service due to the difficulties I have been experiencing in getting satisfactory answers. I have had to get in the habit of copying tribunal inquiries directly to the Minister in order to obtain a response. Does my hon. Friend believe that the Government should issue guidance to public bodies, explaining what implicit consent means and stopping them obstructing Members of Parliament in carrying out their duties on behalf of constituents?

[Mr Cunningham]

I could not agree more with my hon. Friend. In fact, on occasions when we have been dealing with constituency correspondence with outside organisations, we have also asked the constituent to sign a form giving us permission. We should not have to go to those lengths. When we talk about trust in politicians, that is a good example of where we are not being trusted. Our constituents trust us because we are the last line of defence. Where do they go after us, whatever the problem might be?

I have had the problem of organisations refusing to give me information on a constituent’s case many times. It used to happen a lot after the passing of the Data Protection Act 1998, before being somewhat dealt with by the Data Protection (Processing of Sensitive Personal Data) (Elected Representatives) Order 2002. However, it seems that more and more organisations are using the new data regulations to avoid responding to casework. I am clear that I do not consider the case closed with Orbit Housing, and today is a good chance for us all to recognise that we need to be bloody difficult people on behalf of our constituents to get results.

As I have already said, the problem I had with Orbit Housing is not unique. I have asked other Members whether they have had similar problems in conducting their constituency casework. Members have made clear through their interventions today that they have, as have many Members who cannot be here today. The vast majority of Members who replied to me said that they had faced some form of obstruction. That ranged from delays to a complete refusal to share information with Members due to the data regulations—at least, that was the excuse. After receiving the response from Orbit Housing, I started looking at how data regulations apply to Members. I also wrote to the Information Commissioner and the Leader of the House to request clarification.

The EU’s General Data Protection Regulation and the UK’s Data Protection Act 2018 are our core data regulations. According to the legislation, we are data processers when we are handling a constituent’s casework. Data processors have to make sure they have a specific reason to process someone’s information. We are covered in our casework by two of the reasons outlined in the legislation: consent and public task. When a constituent writes asking for us to take action on an issue, it constitutes them giving us consent to discuss their personal data with a third party. Some organisations, however, do not always accept a letter from a constituent. That is the whole point.

However, consent is not necessarily always required, as we have a good second legitimate reason. Public task is when data processing is necessary to perform a task in the public interest or for official functions. The 2018 Act outlines that that covers elected representatives fulfilling their parliamentary functions. Conducting casework is one of our core functions and therefore falls under public task. We are therefore usually covered by two clear reasons when discussing a constituent’s information with a third party. That is the case regardless of whether we are discussing someone’s name or email, or a special category of protected data such as health or sexual orientation data.

Ultimately, the legislation is clear that we can discuss a constituent’s details with third parties. However, the issue I encountered comes from how the legislation applies to the third party in the casework. When we write to an organisation, we expect them to respond saying how they will fix the issue, but the data regulations add a layer of complication. As the organisation is itself a data controller, it needs to judge whether it can give a constituent’s information to us. Despite the fact that Members of Parliament are completely entitled to act on their constituent’s behalf, the organisation in question can still decide that it cannot give us the information we need. The constituent’s case is then forced shut, with no room to challenge the decision. That is exactly what happened to me with Orbit Housing, and it has happened to many other Members.

In this instance, data legislation is actually weakening our constituents’ rights and empowering the organisations that hold their data. Members cannot solve every issue, but we should be able to advance a case more than a constituent could alone. If third-party organisations can refuse to share information on a constituent’s case with us, our constituents suffer and we are left failing them due to legislation.

In summary, I would like to see several things from the Government as a result of this debate. First, they should assess the effectiveness of the current methods used to judge whether a building has been designed and built adequately. The Government started to look at that in the aftermath of the tragedy of Grenfell. I implore them to renew their efforts, considering their stated aim of radically increasing the number of homes being built each year. It is important that their rush to build does not lead to substandard homes being built, as Members have mentioned and as has happened too many times recently.

Secondly, the Government should conduct a review of the accountability of organisations, especially large house builders and housing associations, as my hon. Friend the Member for Dagenham and Rainham (Jon Cruddas) mentioned. The Government’s stated aim to soon increase the number of homes being built will mean hugely increased business for the larger housing companies in the UK. It is right that they are held to account if they build inferior housing or ignore customers. Just last month, the chief executive of Persimmon Homes ignored questions about his record bonus of £75 million—quite a salary. It is wrong that in an industry where so much money is made by those at the top there is little accountability when customers or residents are let down.

Lastly, I ask that the Government consult Members to evaluate whether we are stifled by data regulations in our ability to conduct casework effectively. It is my opinion that the regulations give organisations a loophole to ignore accountability. Some organisations might do it innocently, but there are definitely organisations out there using that loophole inappropriately. That represents a serious threat to our ability to progress casework and to hold organisations to account. The law must be tightened up to empower us and, in turn, to empower our constituents.

Transport

Grahame Morris Excerpts

Monday 9th July 2018 Ministerial Corrections

The following is an extract from Transport questions on 5 July 2018.

[Grahame Morris]

The Transport Select Committee has found that a disproportionate amount of transport funding is being spent in the capital, at the expense of the regions. What steps will the Minister take to close the gap and to specifically address issues highlighted by my hon. Friend the Member for Jarrow (Mr Hepburn), including the “Safe A19” campaign, the Seaton Lane A19 junction improvement and ensuring that east Durham gets a rail halt at Horden?

[Joseph Johnson]

The Government are investing substantial sums in the north—£13 billion in the five years to 2020—and in the next control period for rail, we will invest £2.9 billion on the trans-Pennine upgrade alone. The hon. Gentleman, I am afraid, is factually wrong to say that Government investment per head in London and the south exceeds that of similar investment in the north. IPA analysis shows that for the three years to 2021, the north will receive £1,039 per head, which is £10 more than similar figures for the south of England.

[Official Report, 5 July 2018, Vol. 644, c. 486.]

Letter of correction from Joseph Johnson:

An error has been identified in the response I gave to the hon. Member for Easington (Grahame Morris).

The correct response should have been:

Oral Answers to Questions

Grahame Morris Excerpts

Monday 18th June 2018 Commons Chamber

[James Brokenshire]

I commend the work that my hon. Friend’s local charities have done, along with all the organisations that are working locally in Torbay on this significant issue. Obviously, additional funding has been identified. Part of the issue is to ensure that that money is used effectively by learning from previous lessons and, indeed, by ensuring that local authorities are held to account for the moneys that have been applied.

[Grahame Morris (Easington) (Lab)]

2. What recent estimate he has made of the number of high-rise residential buildings that have had dangerous cladding removed and replaced since the Grenfell Tower fire.

[The Secretary of State for Housing, Communities and Local Government (James Brokenshire)]

As of 22 May, remediation had started on 107 buildings over 18 metres in the social sector that were identified to have combinations of aluminium composite material cladding and insulation that failed fire-performance tests. Work has been completed on 10 buildings.

[Grahame Morris]

I am grateful to the Secretary of State for that update, but will he give a timescale for the other tower blocks, in both the private and the public sectors? What is the timescale for the removal of these dangerous panels?

[James Brokenshire]

I recognise the clear desire and intent to see to it that these buildings are made safe and that remediation is completed at the earliest possible opportunity. The works are complex and detailed, and they will take time. We continue to monitor and to work with local authorities to make sure that progress is made, recognising the real public safety issues that the hon. Gentleman underlines.

Grenfell Tower

Grahame Morris Excerpts

Monday 11th June 2018 Commons Chamber

[James Brokenshire]

I have already set out the position of the sprinkler issue in relation to new buildings. Obviously, it is for building owners to assess risk and consider what is appropriate for them. We have sought to support the sector in relation to remediation of combustible cladding with the £400 million and give financial flexibilities to local authorities, too. We will continue to keep the situation under review.

[Grahame Morris (Easington) (Lab)]

In his statement, the Secretary of State spoke about further recommendations for change. Given that Government statistics for 2016-17 show that faulty electrical appliances were the second largest cause of accidental house fires in the UK, does he support my early-day motion 1119 on PAT testing of domestic electrical appliances?

[James Brokenshire]

I must confess to the hon. Gentleman that I am not conscious of his early-day motion, but I will certainly look at it in due course to see the specific point that he has made. If any issues come through, I certainly commit to write to him in respect of his early-day motion. Obviously, we continue to keep the regulations under review, and, of course, the inquiry itself will be looking at a number of these issues.

Tower Block Cladding

Grahame Morris Excerpts

Monday 21st May 2018 Commons Chamber

[James Brokenshire]

Sprinklers can be an effective fire safety measure, but they are one of many such measures that could be adopted. As Dame Judith Hackitt points out in her report, no fire safety measure, including sprinklers, could be seen as a panacea, as I highlighted earlier. We have obviously set out clear advice about new blocks over 30 metres, and for existing buildings it is for the building owner to decide, based on risk, the appropriate safety measures to take.

[Grahame Morris (Easington) (Lab)]

A study by the Association of British Insurers found that standard UK fire safety testing fails properly to assess risk. Why has the Secretary of State refused to initiate a large-scale programme of testing of suspected combustible cladding other than cladding made of aluminium composite materials?

[James Brokenshire]

Obviously, we have seen this issue with ACM material. We will continue to reflect on this in the light of Dame Judith Hackitt’s report. There are other issues as well. I made a written ministerial statement on fire doors and issues that have been highlighted in that regard, including on how we intend to follow through with further testing on fire doors to ensure that there are no further issues across the sector.