Homes: Gas Safety

Lord McKenzie of Luton Excerpts

Monday 17th December 2018 Grand Committee

[Lord McKenzie of Luton (Lab)]

My Lords, I welcome this debate, initiated by my noble friend Lord Hunt of Kings Heath. I know that his interest in the matter was sparked when he had ministerial responsibility for it in the DWP. As it happened, I followed him in having ministerial responsibility for these matters in 2007 but not, of course, with the distinction that he brought to the role. The issue of gas safety in homes is serious and has been the subject of increasing yet still incomplete regulation. We have had a light-bulb moment from the noble Lord, Lord Tope, who I know has worked hard in this area. He has expanded the agenda a little and made a valuable contribution to our debate.

As a start, I believe there is an established and shared understanding of the nature of the problem. Carbon monoxide—as has been said, the silent killer—is a poisonous, colourless and odourless gas, which if breathed in enters the bloodstream and mixes with haemoglobin. This makes it progressively more difficult to carry oxygen around the body, potentially causing the body’s cells and tissues to die. My noble friend Lord Hunt referred to the number killed in England and Wales in 2016 as 49, but with many more made unwell. We have had two figures suggested, with one of 200 requiring hospitalisation and the other of 4,000 attending A&E. I am not sure how reconcilable those figures are but perhaps the Minister can help us out. There are concerns about the accuracy of numbers because the symptoms of carbon monoxide poisoning are not always obvious. Exposure to low levels of it can present as food poisoning and flu, while longer-term exposure to low levels of CO can lead to neurological symptoms.

Reference was made by the noble Baroness, Lady Finlay, to the APPG’s suggestion that coroners should routinely test for carboxyhaemoglobin levels. I believe she sees that not as the panacea but as an important step that ought to be undertaken. My noble friend Lord Hunt seeks a view from the Minister on this, as does the noble Baroness; similarly, I look forward to the reply. The noble Baroness reminded us that this is about not just gas but other fuels—it is about barbecues, boats and caravans. Raising awareness of the risks associated with carbon monoxide is a vital component in preventing more deaths and injuries.

I agree with noble Lords who have highlighted the role of such campaigning groups as CO-Gas Safety and the Carbon Monoxide Awareness Charity. The noble Baroness, Lady Maddock, spoke strongly on this, particularly on how she initially got involved. It is encouraging that they are still in the field, with their encouragement and leadership of awareness campaigns, putting pressure on government, local government, safety charities, regulators and parliamentarians. Indeed, I have felt the heat from their campaigning myself. Energy companies must not be let off the hook on this. What are they doing? We have heard that there is no sign of the levy, which has long been campaigned for. We should recognise that the campaigners’ passion and determination is often bred of personal tragedies—a loved one lost to CO poisoning—which they do not want visited on others.

The risks, of course, are not only in the home. Reference has been made by several noble Lords to the tragic deaths of two young children while on holiday in Corfu, and the long wait the family endured to see justice. I recall that at the time, issues were raised about alerts in holiday brochures about the risks of defective provision of cookers, heaters, boilers and of blocked flues and chimneys. An improvement suggestion at the time was at least to carry some reference to these risks on Foreign Office travel alerts. Perhaps the Minister can say what, if anything, is happening on this front. Can she also say what, if any, government funding is available to support awareness campaigns?

Raising awareness of CO risks is part of the approach needed to combat deaths and illness, but robust regulation is also needed to cover what equipment, who should be qualified to install it, who should test it and how often. As we heard from my noble friend, qualifications to work on gas installations were changed some years ago by the replacement of CORGI by the Gas Safe Register via an open competition. The Gas Safe Register should contain the official list of engineers, giving details of the types of appliances individuals can legally work on. My noble friend raised some practical suggestions to improve the operation of the register to help consumers better to understand the level of qualification involved and the assurance that they should be receiving. We look forward to the Minister’s reply on that.

Can the Minister provide some information about levels of compliance with these arrangements and the extent to which individuals are working outside these requirements? Who is responsible for overseeing compliance—we talked about the HSE—and can we have some details on the levels of enforcement notices and prosecutions? When CORGI was replaced by the Gas Safe Register, I recollect that it was planned that any surplus on the winding-up of the former which would accrue to the CORGI Trust would be made available to fund awareness campaigns. Is this correct, and what has happened?

Another vital aspect of regulation covers the requirement to have CO alarms and smoke alarms in certain properties. Since 2015, the private rented sector in England has been required to provide CO alarms in all properties containing a solid fuel-burning appliance. This brought properties built before October 2010 in line with new builds, which since 2010 have been required to have a CO alarm where a solid fuel appliance is installed. The 2015 requirement sits alongside the duty of landlords to equip each storey of the premises they let as living accommodation with a smoke alarm, and for there to be a CO alarm for any room which is used as living accommodation and which contains a solid fuel-burning combustion appliance. There is a whole host of exemptions from inclusion in these requirements, covering not only social landlords but care homes, hostels, refuges, and student halls of residence, to name but a few. How are the risks of carbon monoxide poisoning being dealt with in these situations? They seem to be outside those regulations, if I read them correctly.

As we heard from the noble Lord, Lord Tope, it is the duty of the local authority to determine whether remedial action for non-compliance with the 2015 regulations is required and to issue remedial notices where it is. Can the Minister provide any information about local housing authority compliance with this requirement—the number of notices and levels of action subsequently undertaken? What is the Government’s assessment of local authorities’ ability to resource their requirements under the regulations?

Having effective CO alarms is important but, as we have heard, is no substitute for regular and proper maintenance of appliances. Does the Minister have any information about the extent to which the 8 million CO alarms currently provided in rented accommodation are hard wired? My noble friend’s inquiry about the longevity and appropriateness of current provisions of these alarms raises serious questions about what is currently available.

The all-party parliamentary group has noted the increasing numbers of individuals and families living in private rented accommodation, with some 2.7 million at risk from unsafe gas appliances. There is also the uncomfortable correlation between low-income households and risks of carbon monoxide poisoning. So the commitment of the Government to review the regulations is welcome. It is understood that this will be part of a wider consideration of the private rented sector covering building regulations and fire safety.

In conclusion, I again thank my noble friend Lord Hunt of Kings Heath for helping us to focus on the threat of CO poisoning, which remains despite substantial efforts by many over a number of years.