Grenfell Tower Inquiry: Phase 1 Report

John Healey Excerpts

Tuesday 21st January 2020 Commons Chamber

[John Healey (Wentworth and Dearne) (Lab)]

This is a grave and important debate. I welcome the Government time for it, but I regret that the Prime Minister is not here to lead it. The public inquiry into Grenfell reports to him; it is the Prime Minister’s responsibility. A national disaster on the scale of the dreadful Grenfell tower fire demands a national response, on a similar scale. That has not happened, and that too is the Prime Minister’s responsibility.

More than two and a half years since that dreadful fire, the widespread grief and disbelief in the immediate aftermath that something so dreadful could happen in 21st-century Britain has become an increasingly widespread frustration. There is, as the Secretary of State said, still a huge amount to do. I never thought I would be standing here, two and a half years after that Grenfell tower fire, facing a Secretary of State who is still unable to say all the steps have been taken so that we can, as a House of Commons, as a Government, say to the country, “A fire like Grenfell can never happen again.” The fact that he cannot say that—the fact that there is still so much to do before we can all say that—shows the extent of the Government’s failure on all fronts since that fateful fire on 14 June 2017.

There have, regrettably, been other major residential fires since then—mercifully, without casualties—in Manchester, in Crewe, in Barking, in Bolton. It was clear to me, speaking to the students who were in that fire in Bolton, days after it happened, that had it not been for their quick thinking that early Friday evening, there would have been casualties in that fire, too.

Sir Martin Moore-Bick and his inquiry staff have done a huge amount of work on the first phase of the inquiry; on behalf of the Labour party, I pay tribute to that. Despite our reservations about the inquiry, we recognise that the inquiry is on an almost unprecedented scale. The phase 1 report—the subject of this afternoon’s debate—was 1,000 pages long. It was based on 123 days of hearings, evidence from more than 140 witnesses, half a million documents and nearly 600 core participants. However, Sir Martin Moore-Bick and his team simply could not have produced such a thorough and thoughtful report without the testimony of the Grenfell families and survivors. So, most of all today I pay tribute to the Grenfell survivors, to the families of the victims, to the community of North Kensington, who have conducted themselves with such dignity during this very painful inquiry. I say to them: you have suffered almost unimaginable trauma and loss, but we thank you for having the courage to share this, and the resolve to turn your grief into a fight for justice and for change. It is they who should be at the forefront of our thoughts and of our debate this afternoon.

I also pay tribute, as Sir Martin Moore-Bick does, to the courage of individual firefighters and emergency services on the night. They really did put their lives at risk in many ways—often breaking the operating procedures they were meant to follow—in order to help get people out and save lives that night. I, like the Secretary of State, am glad that the London fire and rescue service has not just accepted all the recommendations in full, but already begun to implement them.

I want to take the House back to the immediate aftermath of the fire, more than two and a half years ago, and to three big promises made by the then Prime Minister, the right hon. Member for Maidenhead (Mrs May), on behalf of the Conservative Government. First, on rehousing and support for the survivors, she said, as Prime Minister, the week after the fire:

“All those who have lost their homes…will be offered rehousing within three weeks.”—[Official Report, 22 June 2017; Vol. 626, c. 167.]

Ministers had to pull back from that initial promise, and they then said everybody would be rehoused within a year.

Thirty-one months on from the fire, as the Secretary of State has confirmed this afternoon, and notwithstanding individual circumstances, survivors of the fire have still not all been found adequate, permanent housing. Some of those families spent Christmas in temporary accommodation or in hotels. It is no good the Minister for Crime, Policing and the Fire Service—a former housing Minister—or the Secretary of State for Housing, Communities and Local Government shaking their head. I acknowledge the individual circumstances, we all do, but they have had four reports from the Grenfell recovery taskforce, each and every one taking the Borough of Kensington and Chelsea to task for not doing enough at enough speed to rehouse and help those families.

Secondly, on justice, the present Prime Minister said in the debate at the end of October that

“we owe it to the people of Grenfell Tower to explain, once and for all and beyond doubt, exactly why the tragedy unfolded as it did”.—[Official Report, 30 October 2019; Vol. 667, c. 378.]

The Grenfell survivors do, indeed, want answers, but they also want justice. They want change and they want those responsible to be held to account and, where justified, prosecuted. They are right to expect that, and they have been promised it, but it still seems so far off.

Ahead of the setting up of the public inquiry, the then Prime Minister promised

“to provide justice for the victims and their families who suffered so terribly.”

And she rightly said on behalf of the Government:

“I am clear that we cannot wait for ages to learn the immediate lessons”.—[Official Report, 22 June 2017; Vol. 626, c. 168.]

That public inquiry, initially expected to report at Easter 2018, did not in fact report until 18 months later, in autumn 2019. It has been phased into two reports, which means we have only a partial, incomplete judgment, and we still have not got to the bottom of what went dreadfully wrong and why.

I have to say to the Secretary of State and the Government that these problems have been compounded by recent thoughtless decision making by the Prime Minister. Just before Christmas he picked a new panellist for the inquiry who in her previous post, we are told, accepted funding after the fire from the charitable arm of the company responsible for manufacturing the insulation on the outside of Grenfell Tower.

Yesterday, the Secretary of State said:

“I know the Prime Minister is aware of the issues”.—[Official Report, 20 January 2020; Vol. 670, c. 33.]

He must do better than that. The Grenfell inquiry must command the confidence of those most affected by the fire. The vice-chair of Grenfell United has said in the last week:

“How can she sit next to Sir Martin Moore-Bick when Arconic will be on the stand and is one of the organisations we need answers from in terms of what caused the deaths of our loved ones?”

The Prime Minister should apologise and reverse the decision to appoint Benita Mehra.

Thirdly, on cladding and the safety of other tower blocks, the then Prime Minister, again on behalf of the Government, promised directly after the fire:

“Landlords have a legal obligation to provide safe buildings… We cannot and will not ask people to live in unsafe homes.”—[Official Report, 22 June 2017; Vol. 626, c. 169.]

Yet thousands of people continue to live in unsafe homes, condemned to do so by this Government’s failure on all fronts since Grenfell. Why? Why, two and a half years later, are 315 high-rise blocks still cloaked in the same Grenfell-style cladding? Why do 76 of these block owners still not have a plan in place to remove and replace that cladding? Why have 91 social block owners still not replaced their ACM cladding when the Secretary of State said it would be done by the end of last year? Why have the Government not completed and published full fire safety tests on other unsafe but non-ACM types of cladding? And why has no legislation to overhaul the building safety rules been published, let alone implemented, more than 20 months after the Government’s own Hackitt review was completed and accepted in full by Ministers?

After pressure from this side, the Secretary of State did set deadlines for all Grenfell-style ACM cladding to be removed and replaced: he set the deadline of the end of December 2019 for social sector blocks and of June 2020 for all private sector blocks. He has missed the deadline for social sector blocks and, if the current rate does not change, it will take a further three years for them all to be done. He is also set to miss the June 2020 deadline and, if the current rate does not improve, it could take 10 years to complete the work on those blocks. He said a moment ago that Grenfell families want “answers”, “accountability” and “action”, but at every stage since Grenfell Ministers have failed to grasp the scale of the problems and the scale of the Government action required. At every stage, the action taken has been too slow and too weak.

[Kevin Hollinrake]

The right hon. Gentleman talks about action and about the guidance. Surely he must welcome the Government’s action in banning combustible materials in external surfaces, which his Government had the opportunity to do during their tenure but did not do?

[John Healey]

I do indeed welcome the ban, which we argued for for some time. It was something the Hackitt report did not recommend, but Ministers wisely decided that they would not follow that recommendation. It is a no-brainer that we should not be putting combustible cladding on the sides of buildings in that way.

I welcome some of the action that has been taken. I know that the Secretary of State is approaching this with a serious intent. He did indeed announce what he calls “more measures” yesterday and he said he is

“minded to lower the height threshold for sprinkler requirements in new buildings”—[Official Report, 20 January 2020; Vol. 670, c. 23.]

But this is for new build only. He is considering, with the Treasury, whether leaseholders will get any funding help, and he is having yet another consultation exactly on that issue of flammable material. I say to him that we have had 14 consultations already since the Grenfell fire. We had 21 announcements on building safety in this Chamber before yesterday’s announcement. I say to the Secretary of State that he and his Government still have some way to go to give people confidence and to convince those people affected by unsafe cladding that there will be change.

[Hilary Benn (Leeds Central) (Lab)]

My right hon. Friend referred to the position that leaseholders find themselves in, and we discussed this yesterday following the Secretary of State’s statement. Those who now discover that they are living, to their surprise and horror, in unsafe buildings do not just face the problem of having to pay out for a waking watch, which is very expensive; even with the new guidance to mortgage lenders, who is going to buy a flat in a block where, in addition to taking on the normal costs, the new owner will have to pay for the waking watch and will have no idea at this stage, until the matter is clarified, who is going to foot the bill for replacing the cladding in those buildings? So we have a continuing problem, in the wake of the terrible Grenfell tragedy, as more and more people discover their lives completely on hold. Does that not make the case for Government help to get them out of this mess urgent and necessary?

[John Healey]

My right hon. Friend anticipates the argument I was going to move on to. For such leaseholders, the situation he outlines assumes that they can sell in the first place and that the wannabe buyer can get a mortgage. Many are finding now that they are trapped in these blocks. Some of the steps the Secretary of State is now taking may help with this, but, fundamentally, there is a serious flaw in our leasehold legislation. In the particular circumstances we face here, we have the failure to match the legal responsibility that landlords or block owners have for the safety of those blocks with the financial responsibility for ensuring that they, not the leaseholders, pay for that. I have a proposal for the Secretary of State that requires Government action to deal with that problem and shall explain it in a moment.

First, though, a more general point. Since the fire, Grenfell survivors have seen three Secretaries of State and four Housing Ministers, all serious and sincere as individuals about the lessons to learn from Grenfell, but all fettered by the same flawed Conservative ideology and Government policy. They are too reluctant to take on vested interests in the property market; too unwilling to have the state act when private interests will not act in the public interest; and too resistant to legislation or regulation to require higher safety standards. Only the Government can fix the broken system of building safety. Only the Government can make good the cuts to fire services. Only the Government can renew social housing. Only the Government can make landlords meet their legal and financial obligations.

Here is a five-point plan for action for the Secretary of State. First, widen the Government-sponsored programme to cover comprehensive tests on all non-ACM cladding and publish the full results. Secondly, give councils the power to fine and take over blocks whose owners refuse to make them safe, in order to get the work done. Thirdly, pass legislation to end the injustice of flat owners paying for the costs of works simply to make their home safe, and bring in financial help for hard-pressed leaseholders billed by landlords for essential interim safety measures such as waking watches. Fourthly, set up a £1 billion fire safety fund, including to retrofit sprinklers in social housing blocks. Fifthly, establish a new national fire safety taskforce, reporting directly to the Prime Minister, responsible for auditing every high-rise and high-risk building and enforcing the replacement of all types of deadly cladding. If the Secretary of State will do that, he will have our backing.

[Kevin Hollinrake]

The right hon. Gentleman has talked about some pretty decisive action against building owners he says will not take action to remove cladding. That is possible with a social landlord, because they have a direct connection to and responsibility for the maintenance of the building, but who is he talking about in the case of a block of leasehold apartments? The only person with a connection—the only landlord he might speak to—might be the owner of the ground rents on that property. They are technically the freeholder, but the freeholder has no maintenance responsibility whatsoever, so there is no legal action he could take to force the freeholder to take remedial action on the block.

[John Healey]

That is precisely why new legislation is required to enable action where it is needed. [Interruption.] The hon. Gentleman grimaces, but I take the argument and the principle from a recommendation of the Select Committee of which he was a member, which said in a unanimous report that for privately owned residential homes, if a landlord ultimately will not keep the properties up to scratch, a local authority should have the power to take over those properties and make them good. If the principle can apply for individual properties, it can apply for tower blocks when something this serious and urgent is required.

[Kevin Hollinrake]

rose—

[John Healey]

I will not give way anymore; I am going to end my speech because a lot of people wish to speak in the debate.

Post election, the Government and the Prime Minister have a majority, but with that mandate comes responsibility. We in the Labour party will continue to hold the Government hard to account for their continued failings following Grenfell. More widely, I say in particular to the Grenfell survivors and the families of the victims, just as I said in the days immediately after the fire: we in the Labour party will not rest until all those who need it get a new home and long-term help; all those culpable are brought to justice; and all measures necessary are in place, so that we can, with confidence, say to people that a fire like Grenfell can never happen again in our country.