Building Regulations (Review) Bill [HL]

Lord Harrison Excerpts

Friday 4th March 2011 Lords Chamber

Moved by

[Lord Harrison]

1: Clause 2, page 1, line 12, leave out “No person shall” and insert “It is an offence to”

[Lord Harrison]

My Lords, I apologise to the Chair for taking my glasses off in order better to read my speech. I hope that the Bill and its amendment also will be live music to the Government’s ears, although I fear not.

The Government’s first duty is the safety and protection of its citizens. The Bill and its amendment today are a simple, good and effective measure. The title “Building Regulations” conceals the ambition for sprinklers to be inserted into new-build residences under 30 metres in height. I emphasise, though, that we are asking for better research to be produced so that we can make that claim and implement the hope and ambition of introducing sprinklers in this way.

This is not new legislation but an extension of existing legislation, as the measure is already in place for new buildings over 30 metres in height. What are the Minister’s concerns about the current legislation that is in full operation?

I believe that the Bill will save lives. We have computed that something like £7 billion is lost every year to fire, and of course lives are tragically lost. With regard to firefighters, and I think that all of us in this House have unstinting admiration for those who fight fires on the public’s behalf, the Bill would cut injuries not only to them but to the public, who can be maimed as a result of unexpected fire. It would save property; of the £7 billion that I said would be saved if the Bill were implemented, we may compute that one-third of that, £2.5 billion, is from the saving of property. This measure would also save the environment, since there is concern about excessive run-off water from appliances putting out fires that pollutes the drainage system and causes other environmental degradation.

It is right to give a bit of the narrative of the progress of the Bill. Some 15 months ago I had the pleasure of introducing a Bill that asked the Government to implement forthwith the application of sprinklers in new residences under 30 metres high. In the course of time and conversations, this changed and the emphasis moved to having secure and better research in this area. I am grateful to the former Minister, my noble friend Lord McKenzie of Luton, who responded to our desire to have a meeting with all those who had contributed to Second Reading. We got around the table; the noble Earl, Lord Cathcart, was there from the Conservative side, while the noble Lord, Lord Best, who I see in his seat, contributed with his experience, and we had representation from the Liberal Democrats. We resolved to go forward with the idea of improving our knowledge and the research associated with the ambition to change, develop or extend the Bill in the way that we have accepted. It is this Bill that I have now brought back as a result of the change of Government, and it comes before us today with an amendment.

--- Later in debate ---

[Earl Attlee]

My Lords, the Government recognise that the noble Lord, Lord Harrison, has in his amendment extended the period for commencement of a review, as prescribed in his Bill, from 12 to 30 months. However, our reservations remain the same as those I set out at Second Reading. We must focus on the priorities at hand, and it would be difficult to find any Government who would be willing to support a statutory commitment of their resources in the way that the Bill proposes. I must gently remind the Committee that the question it must consider is: for how long do the Government need to consider this review?

Therefore, I will not be drawn into some of the technical issues that I have recently studied. The noble Lord, Lord Knight of Weymouth, raised some of the plumbing issues, which I have discussed with the House Builders Federation. I did sanity-check some of the advice that I received. I asked, “Can you plumb sprinklers into the central heating system?”. I was advised that it was much more complicated than that. If you want a sprinkler system, you need a separate pressure supply that bypasses the house’s water meter. I also challenged why it costs £3,000 to £5,000 to install a sprinkler system.

We recognise that work is in hand, sponsored by industry, to refine and update the available evidence base that exists on the costs and benefits of sprinkler protection in residential premises. Clearly, we would need to consider any new information as and when it becomes available. Indeed, I have personally undertaken to read and understand the report currently being prepared by the Building Research Establishment for the Chief Fire Officers Association. I do not know how big that report will be.

I am grateful for the comments of many noble Lords, including my noble friend Lord Palmer of Childs Hill, who made a very useful contribution, and those of the noble Lords, Lord Hunt and Lord Best. The noble Lord, Lord Best, talked about design problems and design flexibility. The building regulations already include the facility to vary the design of buildings where sprinklers are provided.

The noble Lord, Lord Harrison, asked me what I was worried about with regard to extending sprinklers to all houses. We are not aware of any problems with this provision, and the recent review of building regulations concluded that the excellent provisions for fire safety did not need to be changed. I am advised that the cost of carrying out a detailed review, as set out in the Bill, would be in the order of £250,000 and that it would divert departmental resources away from other government priorities. If you keep spending £100,000 here and £100,000 there on every single problem, eventually you run out of money, and that is more or less what has happened.

The noble Lord asked me what items under paragraphs (a) to (i) of Clause 1(1) caused me anxiety. I cite as an example paragraph (f), which refers to,

“the evidence for and experience of automatic fire suppression systems already available both in the UK and internationally”.

I am sure that my officials would enjoy going round the world looking at the international experience of fire suppression sprinkler systems, because that is what they would have to do.

Just before Christmas, my honourable friend the Parliamentary Under-Secretary of State at the department, Andrew Stunell, published his plans for taking forward the outcome of a recent review of building regulations. The review included looking at any changes that might be necessary to ensure that the regulations continued to operate effectively in the future. During the review, a number of respondents called for the introduction of regulation to increase the provision of sprinklers in buildings. However, the review did not produce any significant new evidence of the benefits of greater sprinkler provision.

Sprinkler protection is recognised as a highly effective measure, and provisions for its use have been in place in building regulations for many years for buildings where the fire risk is high. However, when you consider that all new homes are already provided with hard-wired smoke alarms, it is difficult to justify further increasing the regulatory burden with a measure that will impact only on new buildings.

The noble Lord, Lord Harrison, and perhaps others asked about the recent vote in the Welsh Assembly. Parliament has given the Welsh Assembly the power to adopt such a measure if it chooses to do so. By the end of the year, it will also have the necessary powers to set its own building regulations. However, this debate is about England, and what the Welsh Assembly does is a matter for the Assembly.

The noble Lord, Lord McKenzie, asked about the review of Part B, relating to the fire safety building regulations. We have made no plans to review the fire safety aspects of building regulations. No doubt they will be reviewed at some point when it is considered to be necessary.

The noble Baroness, Lady Smith, mentioned reducing spending on the fire service, suggesting that sprinklers could help. However, if building regulations changed tomorrow, only homes built after that point would be affected, and it would take decades for this to have a meaningful effect on the building stock. If there was a real concern that the service was under-resourced, I think that a more rapid solution would need to be found.

The noble Lord, Lord Knight, made several interesting comments, some of them relating to technical matters. I should have liked to engage on them if I had known that he was going to ask those questions. He suggested that Ministers and policy are controlled by officials, but I assure the noble Lord that Ministers determine the policy with advice from officials, not the other way round.

Prevention is much better than cure and an example of a more effective and innovative approach is the introduction of fire-safer cigarettes, a point raised by the noble Lord, Lord Best. We have actively supported the European Commission’s efforts in developing a safety standard for reduced-ignition cigarettes. We estimate that this standard, once introduced, will save with almost immediate effect between 25 and 64 lives per year in England alone, not just in new buildings but across the board.

The noble Lord, Lord Harrison, asked why the Conservative Party has changed its policy now that it is in government. I gently remind the Committee that I answer for Her Majesty’s Government, not for the previous Opposition. Where noble Lords have raised wider issues, I will write if I have something valuable to add to my comments.

In summary, while we agree with the desire to answer the questions set out in the Bill, we must express strong reservations about the provisions in it for a statutory commitment for the Government.

[Lord Harrison]

My Lords, that was a lame reply to all the contributions that have been made to the debate this afternoon. I know that colleagues who have been here today to support the Bill have other urgent things to do so, in thanking them, I take the opportunity to say to the Minister that we will return to this issue; we will write to him and point out where we believe the deficiencies are in his reply. I still hope that we can make some changes but, in the interim, I beg leave to withdraw the amendment.

Amendment withdrawn.