Safety of School Buildings

Ian Lavery Excerpts

Wednesday 6th September 2023 Commons Chamber

[Sir Bernard Jenkin]

There we have it: the hon. Lady will not say that the Secretary of State has done the wrong thing. Let the politics play itself out.

What we have here is a much more fundamental, wider systemic failure in the management of building safety, which has gone on for decades. Dr John Roberts, the former president of the Institution of Structural Engineers, wrote in The Times earlier this week:

“As a chartered structural engineer in active practice from the early 1970s, I never considered using RAAC as it did not “feel’ correct for permanent structures.”

So why was it used? One lesson is that perhaps Ministers should encourage their officials to challenge them more with uncomfortable truths—let us agree that.

The wider question is why such a critical building safety issue was systemically neglected, decade after decade. We should thank the good Lord that none of the ceilings collapsed on a classroom of pupils, or the Government would by now be announcing a full public inquiry rather like the Grenfell inquiry. There the parallels continue, because like cladding, RAAC is a long-persisting and neglected building safety risk, which successive Governments have failed to address.

I and others, including the former fire and housing Minister Nick Raynsford, the former chief investigator of the Air Accident Investigation Branch Dr Keith Conradi, and senior buildings surveyor Kevin Savage, made a submission to the Grenfell inquiry. Our recommendations to help to address the failings are principally twofold and relate to unresolved conflicts of interest in the building safety management regime of buildings, which are not addressed by the Building Safety Act 2022 or the establishment of the building safety body, which is now a statutory function of the Health and Safety Executive. At present, it is the HSE—

[Ian Lavery (Wansbeck) (Lab)]

Will the hon. Gentleman give way?

[Sir Bernard Jenkin]

No, I will press on, if I may. At present, it is the HSE that decides how a building safety failure should be investigated, unless the Government take over with their own inquiry.

There is a need for a truly independent building safety investigation body, equivalent to the accident investigation bodies in aviation, marine, rail and offshore safety. No regulator like the HSE should also investigate safety failures, because it may find itself conflicted if part of the failure arises from a failure of regulation. That is what Lord Cullen found in the Paddington rail crash inquiry and why the Rail Accident Investigation Branch of the Department for Transport was established.

[Ian Lavery]

Will the hon. Member give way?

[Sir Bernard Jenkin]

I am sorry; I have no time.

The second conflict that needs to be resolved concerns the role of local authority building control bodies and their private sector counterparts, known as approved inspectors. The Building Safety Act will regulate the private sector approved inspectors but not local authority building control, which was not only responsible for approving the cladding on Grenfell Tower but, I hazard a guess, probably approved the building control on most of the schools built with RAAC.

The main point is that failures such as RAAC and cladding arise because of the failure of the building management safety system, which is endemic to that system. The failures also arise from the failure to find the causes of building safety incidents through a proper independent investigation body that possesses permanent, accumulated expertise that a one-off-public inquiry has to attempt to acquire from scratch.

I hope that amid the politicking, all political parties will recognise that such reforms are necessary in building safety management, or there will be more systemic failures in building safety arising from things such as the wrong cladding and the wrong concrete in the future. I have 15 seconds, if the hon. Member for Wansbeck (Ian Lavery) would like to intervene.

[Ian Lavery]

Very briefly, does the hon. Member think that the Government’s 54% reduction in the HSE budget since 2010 is helpful in this situation?

[Sir Bernard Jenkin]

I had hoped that the hon. Gentleman would raise a point relevant to my speech. There has been enough politicking about this issue. I am making more serious comments about the building safety management system of this whole country, which affects a whole lot of other public buildings as well.