Residential Premises: Product Safety and Fire Risk

Jim Fitzpatrick Excerpts

Wednesday 1st November 2017 Westminster Hall

[Jim Fitzpatrick (Poplar and Limehouse) (Lab)]

I beg to move,

That this House has considered product safety and fire risk in residential premises.

It is a pleasure to see you in the Chair, Mrs Main. I am grateful for the opportunity to open this debate; given how many colleagues have turned up to support it and speak in it, I will take no more time than I need. I have timed my speech at eight minutes.

I pay generous tribute to my hon. Friend the Member for Hammersmith (Andy Slaughter), who has led a determined parliamentary campaign on these issues, supporting the attempts of the London fire brigade, Which? and Electrical Safety First to improve product safety. I am grateful to those organisations for the material that they have supplied for the debate; to the Library for the debate pack that it produced yesterday; and to the Chartered Trading Standards Institute, which weighed in this morning. All the safety organisations agree on what was and is needed.

I do not need to say very much about the scale of the problem. Three fires a day in the United Kingdom involve tumble dryers; more than 4,000 fires in 2016 were caused by faulty appliances and leads; and 2,000 fires in London between 2011 and 2016 involved white goods. The Grenfell fire was started by a fridge-freezer, and deaths have occurred elsewhere, too—one in 2010, five in 2011, two in 2014—as a result of similar sources of ignition.

I am pleased to see the Minister in her place. She is well liked and respected across the House, and much is expected of her. The Library debate pack generously details her efforts: correspondence and meetings with Whirlpool and others in the sector, press notices, written statements, meetings with colleagues, parliamentary and other questions, steering groups, working parties, support for Register My Appliance Day, and more. Those are all commendable, but many of us want a conclusive, robust and ambitious Government response, and it will continue to reflect badly on this Administration if one does not come soon. As London fire brigade’s letter states:

“There has been over three years of reports and recommendations but as yet no action from Government…the review of the UK product recall system was first announced in November 2014. This was then launched in March 2015 with consumer champion Lynn Faulds Wood leading the review which reported in February 2016 with a series of recommendations. A steering group was then set up to take these forward. Following the Shepherds Court fire, a new working group to replace the steering group was set up in autumn 2016 which published its recommendations in July 2017.”

The Government are due to publish their response at any time; I would be grateful for an update from the Minister. Yesterday, in her latest letter to my hon. Friend the Member for Hammersmith, she repeated her expectation of an “autumn response”. When I was Minister for time at the Department of Trade and Industry—not many people know that there is a Minister for time, but it was me once—my office once promised an “autumn response” in an answer to a parliamentary question. When I inquired what that meant exactly, I was told it meant “by 21 December,” which was the date of the end of the Session that autumn. Will the Minister clarify whether the response to the working party will come in late December or early November?

[Jim Shannon (Strangford) (DUP)]

I congratulate the hon. Gentleman on securing this debate. He has been a champion for product safety. Does he agree that the Whirlpool tumble dryer revelation is a warning that the electrical sector needs to heed before there is loss of life? The Government must play a part by enforcing codes of practice on an industry that is managing to fly under the radar.

[Jim Fitzpatrick]

The hon. Gentleman makes the central point to which I am sure all Front-Bench spokespeople will refer when they wind up the debate. I will come on to Whirlpool’s response and the central recommendations of the Faulds Wood report.

Page 7 of the Library debate pack includes an interesting detail that had previously escaped me: if people have used their credit cards to buy faulty equipment, credit card companies could be held liable. The credit card companies may therefore sue manufacturers for faulty goods. I have not heard that point mentioned in any of the debates so far, but if the credit card companies weighed in and threatened to sue Whirlpool, that might be a game-changer. That is not within the scope of this debate, but I mention it as an aside.

[Chris Davies (Brecon and Radnorshire) (Con)]

Like the hon. Gentleman, I am an officer of the all-party group on fire safety rescue; our erstwhile chair, my hon. Friend the Member for Southend West (Sir David Amess), is also present. We all know the terrible devastation that a white goods fire can cause, but can the hon. Gentleman put an economic figure on it? It is sure to be a costly figure for the country.

[Jim Fitzpatrick]

I have to confess that I do not have a figure. Most of the evidence that I have seen from the organisations that have briefed us relates more to public safety and the risk to life, but other hon. Members may very well be able to provide a figure. Looking round the Chamber, I think I see all the officers of the all-party group on fire safety rescue, who are all hoping to contribute as the hon. Gentleman has done.

The recommendations of the Faulds Wood review state:

“There is a need for the creation of an official national product safety agency…There should be an official trusted website…There is an urgent need to improve funding, training, resources and procedures for…the enforcement authorities”.

Which? makes the point that trading standards officers have 260 pieces of legislation to enforce, and product safety is therefore not a priority. It further states:

“Local authority trading standards cannot be expected to hold to account multinational companies for product safety incidents of national concern”.

That is surely true. Indeed, it was under pressure from Which? that Peterborough trading standards officers took action against Whirlpool, following the Shepherd’s Bush fire in 2016. Whirlpool updated its safety advice to consumers, warning them to stop using their machines until they are repaired. However, the modification programme it initiated did not have the capacity to deliver. In April, the Minister reported to the House that Whirlpool had resolved 1.5 million of the 3.5 million affected machines, and in October the Government spokesperson in the House of Lords reported that the figure stood at 1.7 million. It would be interesting to hear an update from the Minister today.

There are clearly big issues to address, not only for consumers but for retailers, manufacturers and the Government. As consumers, we need to recognise that completing product warranty forms is in our own interest; I understand that anecdotal evidence suggests that people do not complete them for fear of receiving unwanted sales literature, although personally I think it has more to do with laziness. According to the Library,

“YouGov research showed that just over a third of us currently register our appliances.”

Retailers should be required to register customers’ purchases and personal details for safety recall purposes. Those details must not be used for promotions—although in this age of information sharing and data capture, it is almost impossible for any of us to avoid sales material and promotions.

London fire brigade has a number of simple requests to manufacturers, and these requests are supported generally. They include changing fridge-freezer construction to protect insulation materials from components that could catch fire; better permanent marking of model and serial numbers, so that appliances can be identified after a fire; and using capacitors in fridges and freezers in a way that prevents them from starting fires. Which? also mentions non-flame-retardant backings for fridge-freezers.

Finally, what should the Government do? That is obviously the biggest challenge, especially with a Government who—with respect—are set against any new regulation on business. I have already mentioned the key recommendations of the Faulds Wood report for a national safety agency, an official trusted website and better enforcement; all its other recommendations flow from those. As an aside, all the safety organisations have raised concerns about what will happen after Brexit, not only to our own safety standards and markings, but to information sharing with other countries on advice, failures and recalls. It would be helpful if the Minister could also address that issue in her wind-up.

In conclusion, I am told by the London fire brigade that there have been 14 such fires in my constituency in recent times. I have referred to some of the other regional and national statistics, including those on fatalities. I understand that this is the fifth debate on this subject since March 2015. We have also had two Government reviews and there is an ongoing working group. There have been three major incidents in tower blocks since 2009—Lakanal House, Shepherds Court and Grenfell—all of which had an electrical source of ignition. The Select Committee on Business, Energy and Industrial Strategy had a hearing yesterday to explore these issues and I hope it will soon launch a major inquiry. Of course, we still await the Government’s conclusions on their latest review, as I have mentioned.

Meanwhile, the average success rate for an electrical product recall is apparently between 10% and 20%. We all know, including our major safety organisations and the Government, that that is just not good enough, because lives are at risk. What can the Minister do about it?

I look forward to hearing the contributions of fellow Back Benchers and the responses from the Front Benchers. I am grateful to have had the opportunity to raise this issue.

--- Later in debate ---

[Andy Slaughter (Hammersmith) (Lab)]

It is a pleasure to see you in the Chair, Mrs Main. I wholeheartedly congratulate my hon. Friend the Member for Poplar and Limehouse (Jim Fitzpatrick) on securing this debate. He said some nice things about my expertise and the length of time that I have wrestled with this issue, but that is a fraction of what he has put in.

I am grateful that the chair of the all-party group on fire safety rescue, the hon. Member for Southend West (Sir David Amess), who we have heard from, and the chair of the all-party group on home electrical safety, my hon. Friend the Member for Swansea East (Carolyn Harris), who I hope we will hear from, are both here. I acknowledge the many organisations that have supported us in these campaigns, such as Electrical Safety First, Which?, the London fire brigade and other fire services, and the Chartered Trading Standards Institute. I apologise if I have forgotten any. They are very different organisations but they have an interesting unity of view on what needs to be done. I hope the Minister is listening to that view as well as to the individual arguments. I wish to emulate my hon. Friend the Member for Poplar and Limehouse in his precision, but that is not my strong point.

Yesterday, I attended the evidence session of the Business, Energy and Industrial Strategy Committee, which is looking at this issue. I congratulate the Chair of the Committee, my hon. Friend the Member for Leeds West (Rachel Reeves) on that revealing and interesting session. I hope the Minister and her civil servants will find time to look at it.

This debate is not about one company, one product or even one type of goods—white goods or any other. Product safety goes a lot further than fire risk, and fire risk goes a lot further than individual products. My right hon. Friend the Member for Knowsley (Mr Howarth) mentioned cabling. I was involved in a BBC investigation earlier this month that revealed the rather frightening figure of 4 million metres of unsafe cabling from a now defunct Turkish company installed in residential premises in the UK. That may partly be down to the Health and Safety Executive, which realised that 11 million metres of faulty cabling was out there and tried to ensure that it was not used, but did not go ahead with a compulsory recall. There are echoes here of what happened in the white goods cases. Clearly, the danger of cabling buried in walls as a potential fire risk is in some ways even greater than the danger of goods that are on display.

As I say, this issues goes a lot wider but I will concentrate on three events that concern white goods manufactured by the Whirlpool company. Whirlpool is not the whole story but I do not think that is coincidental. All three have already been mentioned, so I will not labour the points, but I will briefly go through them to draw some more general conclusions and put some questions to the Minister.

The first tragic event happened on 10 October 2014 when two men, Bernard Hender and Doug McTavish, died at their flat in Llanrwst. The preventing future deaths report has yet to be published, but we have the transcript of the coroner for north Wales’s narrative verdict from 1 September. That inquest concluded:

“On the balance of probabilities, the fire was caused by an electrical fault in the tumble dryer in the laundry room of the flat”.

That was a tumble dryer manufactured by the Whirlpool company. I have read the whole of that verdict. It took three years for that inquest to report, and it is incontestable that the delay was partly because of Whirlpool bringing forward often spurious points such as whether the fire was caused by spontaneous combustion. That attitude, which was also shown with regard to the next fire I will talk about, is extremely regrettable.

Although the precise electrical fault was not identified, there is strong evidence to suggest that it was not the known safety fault in Whirlpool tumble dryers—the collection and ignition of dust and lint—but an electrical fault in the door mechanism. In evidence yesterday to the Business, Energy and Industrial Strategy Committee, Whirlpool said that about 20 such fires have been identified, but there has been no product safety notice, let alone a recall notice, in relation to that particular fault.

The second event, which particularly concerns me, is the very serious fire at Shepherd’s Court on 19 August 2016. Late on a Friday afternoon, that 19-storey block of flats was fully evacuated and 50 people were made homeless, some temporarily and some for a long time. According to the fire brigade and other experts, it was only through luck, the circumstance of its happening in the afternoon and the quick and professional response of the fire services that there were no serious injuries or deaths on that occasion. In the view of the residents and their lawyers, Whirlpool has dragged its feet, notwithstanding that from an early stage it was clear that the particular fault—the one that is subject to a product safety notice but not a recall—in the 5.5 million Whirlpool tumble dryers that were manufactured over 13 years and sold in the UK caused the fire. That is not in dispute. A year on, however, we are no nearer to an admission of liability or to any action taken by Whirlpool to deal with the people who, in many cases, lost their entire life: their belongings, their furniture and their flats, when they left because of that fire.

The third and most tragic event is the Grenfell Tower fire, which happened on 14 June. We knew quite soon after the event that it was caused by a Hotpoint fridge-freezer that was manufactured by Whirlpool. We still do not know much more about that. I am grateful to the Minister for answering my most recent correspondence on this subject before the debate. Her response goes some way towards dealing with some of the points that I would have raised, but it also raises further questions. I will try to be concise in saying what those are and if she can answer them today, that would be helpful.

In relation to the product safety notices for the Whirlpool tumble dryers, it is right to acknowledge that Whirlpool has gone to considerable lengths to modify those dryers—1.65 million of them, according to the Minister’s letter. There are other issues that I will not go into today about the speed at which that was done, how that was done, whether that is sufficient and whether further problems result. That is a substantial programme of modification, but 5.5 million dryers were manufactured. Whirlpool’s own estimate—it has to be an estimate because no one knows how many have worn out, been put out of use by other methods or possibly burnt out without causing a fire—is that at least 1 million are still in use in the UK. Which? and other organisations estimate that the figure is probably nearer 2 million. Certainly a substantial number of tumble dryers with a known fault that has caused hundreds of fires are still causing a problem, probably in every constituency in the United Kingdom.

Notwithstanding whatever efforts Whirlpool has gone to—the Minister will doubtless say that the success rate in identifying a faulty product is about 40% compared with the typical 20%—this fault is so serious because of its potential risk to life and property and the number of dryers that more has to be done. It is absolutely clear that Whirlpool is not in the mood to do more. I pray in aid for that the evidence that it gave to the Business, Energy and Industrial Strategy Committee yesterday.

It was remarkable that Whirlpool turned up at all because in the two or three years of various all-party groups and Committees asking it to attend, it has studiously refused and sent out the same standard letter. The Minister may want to say more about its attitude, but in terms of its accountability to Parliament, it has been extraordinarily disrespectful and continued, in the view of Committee members, to show that disrespect yesterday. It sent not the managing director or anyone with the competence to talk about the technical side of its programme, but effectively its PR man, who was able to answer very few of the questions, even the quite basic questions that I could answer. I urge the Minister to look at that and to deal with Whirlpool in the light of the attitude it continues to show.

We cannot sustain the position whereby there are 1 or 2 million highly unsafe products probably in daily use. Let us not forget the background: this company, against all professional advice, refused even to tell its customers not to use the machines. There is a great suspicion that that was because it could not cope with several million people suddenly saying, “I can’t dry my clothes any more.”

[Jim Fitzpatrick]

I heard only the evidence from Electrical Safety First, Which? and the London fire brigade at the BEIS Committee yesterday. From what my hon. Friend describes, the way in which Whirlpool answered the questions will surely feed the appetite of the Select Committee to have a full inquiry so that it can summon Whirlpool and interrogate it to get full answers rather than the dismissive ones that seem to have been given yesterday.

[Andy Slaughter]

I am not sure the Committee has reached such a conclusion, but I sincerely hope it does. If anything will have encouraged it, it was the desultory way in which the manufacturers dealt with the matter yesterday.

Whirlpool’s view over months and years was that it was perfectly all right for customers to continue to use the machines, provided they were in the same building and awake—not even in the same room. It persisted with that view even against the evidence from the Shepherds Bush fire where the victim, my constituent, was in the same room when the fire started and took every possible correct action: pulling the plug out, calling the fire brigade, shutting the door, and doing everything they could to prevent the fire from spreading. It took another six months for Whirlpool to change its advice and only, as has already been said, under threat of legal action from Which?, which I applaud. It was disgraceful to see Whirlpool pretending yesterday that that was not the cause of its change of policy, but that it just suddenly lighted on the fact and, after a couple of years, decided to do that. I think all Members will be angry at the dismissive attitude that was shown.

What are we going to do about the Whirlpool situation, specifically in relation to Grenfell? I am grateful for the Minister’s clarity in saying that the broader issues to do with the cause and spread of fire are matters for the public inquiry. We accept that. As I understand it, the specific issue of a fault within the model of fridge-freezer identified is a matter for her Department. I will press her a little further and ask when we will know that. We knew quite quickly that it was a fridge-freezer, which model it was and which flat it was. We know the model number, so that indicates to me that it was not completely destroyed. I would hope that by now there was some indication, because there could be a variety of faults. It could be within the fridge-freezer, it could be to do with its use or the cabling or anything of that kind. If it is a fault in that model or similar models of fridge-freezer, that needs quick action in terms of product recall and product safety notices.

--- Later in debate ---

[Jim Fitzpatrick]

I am grateful to have a few seconds to finish off the debate. The Minister knows that it has been one-way traffic pretty much all the way through, with Back Benchers who are members or officers of the all-party parliamentary group, ably led by our friend, the hon. Member for Southend West (Sir David Amess); there were also members from the all-party parliamentary group on electrical safety, led by my hon. Friend the Member for Swansea East (Carolyn Harris). We even had an audience from the hon. Member for Glasgow Central (Alison Thewliss), who kindly gave her time to come and support the debate, which was very welcome. We equitably shared the time—with the exception of my hon. Friend the Member for Hammersmith (Andy Slaughter). That was totally understandable because he has led the campaign from the start and had a lot more to say than the rest of us. We are grateful to him.

We look forward to the Minister’s conclusions being published in late November or early December. We should perhaps ask a parliamentary question to identify exactly what early December means, but that is only teasing. We hope it will be an oral statement, though there will certainly be a written statement. There will be pressure to submit an urgent question to get this on to the Floor of the House. I am grateful for all the contributions, including from the Front-Bench spokespeople.

Motion lapsed (Standing Order No. 10(6)).