Building Safety Bill

Lord Khan of Burnley Excerpts

Committee stage
Monday 21st February 2022 Grand Committee

[Baroness Pinnock (LD)]

My Lords, I will just say how important these amendments are. Although they are brief and innocuous on the surface, they are fundamental to building safety. In the Grenfell Tower inquiry, it became clear that the window replacement was not as satisfactory as one would hope and that the gaps between the window frames and structure of the building were filled with a flammable material. That is why the second amendment in the name of my noble friend Lord Stunell is so important.

That is just one example. Electrical safety is also critical. Self-certification is all very well, but having oversight, as the Hackitt report points to, helps to create clarity and accountability and to ensure that there is proper documentation. I hope that the Minister will be able to put our minds at rest but, if not, it is certainly one of the areas that we will want to pursue at the next stage of this debate.

[Lord Khan of Burnley (Lab)]

My Lords, I speak very briefly to Amendments 5 and 10 in the names of the noble Lord, Lord Stunell, and the noble Baroness, Lady Pinnock. I thank the noble Lord for presenting his amendments in such an eloquent manner and just want to reiterate the case for clarity from government on these important amendments, which we on these Benches agree with.

These amendments are asking for the whole of the works to be considered under one building control authority. It is important to recognise the case that is made here, which is that, under the doctrine of self-certification, there is a big gap. By supporting these amendments, I hope that the Minister can address the concerns of the noble Lord, Lord Stunell. The noble Baroness, Lady Pinnock, provided a good example and emphasised the Hackitt report’s references to accountability and making things clearer.

I echo the concerns of the noble Baroness, Lady Brinton, about who is responsible. This amendment would put the whole of the works under one regulatory authority, and situations in which remediation works could lead to other building safety effects would be addressed clearly. This would be better overall for home owners and for the safety of citizens. I look forward to hearing from the Minister.

--- Later in debate ---

[Lord Stunell (LD)]

My Lords, this amendment relates to the operation of the building advisory committee itself and of its constituent parts. Clauses 9 to 11 of the Bill put in place not just the building safety regulator but three components of it. One is the building advisory committee, the second is the committee on industry competence, and the third is the residents’ panel. All three will clearly exercise vital parts of the function of the building safety regulator, not just in relation to high-rise buildings—higher-risk buildings—but to the whole of the building stock of this country.

The Bill goes on to define what the functions and powers shall be of the various constituent parts. For instance, the committee on industry competence will establish and maintain a body

“with the competence of persons in the built environment industry … with the following functions”,

which are then listed,

“and any other function that the regulator considers appropriate”.

Those are the vital words saying that the committee on industry competence has a wide brief that can be widened further.

Clause 11, on the residents’ panel, says that the regulator will

“establish and maintain a committee with the functions mentioned in this section”,

which are all listed,

“and any other function that the regulator considers appropriate”.

The surprising thing about the building advisory committee, bearing in mind that what has triggered this whole Bill and the legislation that goes with it is all about buildings themselves, is that it has a much more limited brief. It has listed functions, but no capacity for any other function that the regulator considers appropriate. We are setting up in primary legislation a part of that body that cannot be modified as time goes on in the same way as the other two can be.

Therefore, this amendment would simply introduce the phrase

“and any other function that the regulator considers appropriate”

so that it applied to the building advisory committee as well as the other two parts. It will be fascinating to hear what the Minister believes is a good argument for the omission of those words in Clause 9—other than a drafting error—when compared with their use in Clauses 10 and 11.

Also in this group of amendments is the question of whether Clause 12 should stand part of the Bill. Clause 12 states that

“The Secretary of State may by regulations amend or repeal any of sections 9 to 11”,


which, in other words, is the three bodies underneath the building safety regulator: the building advisory committee, the committee on industry competence, and the residents’ panel. The Secretary of State may, by regulation, amend or repeal any of those, and

“The regulations may make consequential amendments of this Act.”


In other words, the Secretary of State will have the capacity to step in, independent of the primary legislation that sets this up, not just to change the functions of these bodies but to get rid of them completely. They could repeal any of Section 9 or delete it completely and then there would be no building advisory committee.

This is a detailed point but for me it comes to light because the building advisory committee takes the part of what used to be—and, for that matter, still is—the Building Regulations Advisory Committee. The new committee is the BAC; the previous one was the BRAC, and the interesting thing is that it was very nearly abolished in 2010. Ministers of the day did not know exactly what BRAC was or did but were very keen to get rid of extraneous organisations that they saw as being on the payroll and contributing to red tape.

As the Minister with responsibility for building regulations at that time, I had some idea of what the Building Regulations Advisory Committee did, which was to supply a great deal of free specialist advice to the department on the implications and likely consequences of regulatory change. When I discovered that its total budget was £20,000, of which something like £12,000 was actually a notional sum about the committee occupying space and having the very part-time use of the civil servants who serviced it, I resisted the abolition of BRAC. I am happy to report that it was not abolished. I would not say that it was either my greatest or only triumph as a Minister, but I can report that the Building Regulations Advisory Committee was rescued from ministerial interference at that point, by good fortune rather than good political management.

I should think the Government have subsequently been rather grateful that they did not abolish BRAC, because it has been a useful buffer between ministerial responsibility and the regulatory outcomes leading to Grenfell. Indeed, evidence has been given to the Grenfell inquiry about the role of BRAC leading up to the fire, and its role in the whole architecture of support to the department in its regulatory function.

I put it to the Committee that the building advisory committee is replacing the Building Regulations Advisory Committee, with the important difference that BRAC was statutory and could not be abolished by Ministers. The only reason why the debate came to light in 2010 was that there was a deregulation Bill and it was proposed, in a long list of bodies, to stick that committee in. So I ask the Minister: why are the Government restricting the committee’s scope? Why do they want the power to abolish it, behind the back of Parliament, when that committee’s predecessor was entrenched in statute and gave a great deal of good value, for no cost at all? This seems to be entirely against the grain, and indeed the reputational impact, of what we are trying to achieve with the Bill. I beg to move.

[Lord Khan of Burnley (Lab)]

My Lords, the noble Lord, Lord Stunell, has eloquently outlined Amendment 7 and Clause 12 to the Grand Committee. I want to ask the Minister—the noble Baroness, Lady Scott—a few questions about the wider committees.

We on these Benches welcome the establishment of the three committees: the building advisory committee, the committee on industry competence and the residents’ panel committee. It is important to ask what the work of these committees is and how will it be funded. This is quite a broad question, so the Minister may wish to come back to me at some stage. Could she also provide details of how the committees will be staffed? How will the Government ensure that this committee will be independent from government?

The noble Lord, Lord Stunell, outlined the concerns. We on these Benches also emphasise that Amendment 7 is very simple—it would basically just add an extra line to be consistent with Clauses 10 and 11 relating to the other two committees. I am sure that the Minister could add those words regarding the building advisory committee.