Building Safety Bill

Lord Blencathra Excerpts

3rd reading
Monday 4th April 2022 Lords Chamber

[Baroness Fox of Buckley (Non-Afl)]

My Lords, I thank the Minister for his comments. I am glad to be associated with proportionality, especially in relation to safety and the unintended consequences of a zero-risk approach to any policy, actually. I thank everyone who has been involved—the Minister, the government team and all the people across the House far more experienced than I am—for making the discussions around this have a certain sense of a collegiate endeavour, trying to solve a problem that we all knew was there. I thank your Lordships for your encouragement and, often, your patience with my own inability to quite understand the process.

I particularly thank leaseholders. I got involved with this issue because I was lobbied, not by big business but by ordinary, grass-roots leaseholders. As a leaseholder myself, I found that there was a whole community out there. While we have done a huge amount to benefit their situation, going from where they were to where they are, we are not quite there yet. As much as I would like it to be the case that they are grateful for our endeavours, many of them still feel frustrated, fearful and nervous—and you cannot blame them, because they are just not sure what is going to happen; there are too many question marks. I do not think we should be disparaging of them or think that they are lacking in gratitude for what has happened.

I encourage the Government not only to give time in the other place to consider the amendments but not to wash their hands of the Bill, as it were, once it eventually fully goes through. I think we have all noted that there will be unintended consequences: hidden costs and service charges. While there might be a formal review, this will be an ongoing issue for many years to come. Therefore, I hope the Government will be open to those lobbying for leaseholders, even when we are not discussing a Bill in Parliament. I would like the department to still keep listening to them, as I certainly will. I will raise issues whenever I get the chance. Generally, this is far better than when we started, but I always want more.

[Lord Blencathra (Con)]

My Lords, simply look at the Bill that came from the other place, then take a look at what we are sending back. It has changed beyond all recognition. I pay tribute to my noble friend the Minister and his boss, my right honourable friend Michael Gove, for that extraordinary transformation. I also thank my noble friend Lord Young of Cookham and noble Lords and noble Baronesses on all sides of the House, and the right reverend Prelate, for the many amendments they have made, many of which have been accepted by the Government. We are sending back some important amendments that the Government might not quite like as much as we would like them to. However, I appeal to the other place to accept them and not to remove them, especially the zero amendment proposed by the noble Baroness, Lady Hayman of Ullock.

The Government, apparently, have had legal advice on the dangers of breaking the ECHR if we changed the cap figures, but we heard, I submit, even better legal advice that that is not so. In any case, as the noble Lord, Lord Marks of Henley-on-Thames, said, some developers will challenge the figure in court no matter what level the Government set.

We also need to do more on enfranchised leaseholders. They were encouraged to purchase their freeholds, and they must not be treated like rapacious landlords. Nevertheless, this Bill now gives leaseholders infinitely better protection. With a few further tweaks it could give them full protection. When I see the contribution my noble friends have made to the Bill, I am reminded of the words of Shakespeare’s Julius Caesar, or almost his words:

“Antonius! … Yond”


noble Lord, Lord Young of Cookham,

“has a lean and hungry look … Let me have men about me that are fat”.

I commend this Bill and hope the other place will improve it further.

[Lord Naseby (Con)]

My Lords, as one who has been involved in housing policy for over 50 years, I pay tribute to my noble friend for his time, care and effort, and his listening qualities, which have not always been a feature of those on either Front Bench. I offer sincere thanks to my noble friend.