Building Safety

Matthew Pennycook Excerpts

Thursday 15th March 2018 Commons Chamber

[Matthew Pennycook (Greenwich and Woolwich) (Lab)]

The Secretary of State is well aware of the messy and as yet unresolved situation of New Capital Quay in Greenwich and the plight of leaseholders. Last week the community found out about another development in Greenwich with dangerous cladding on some of the towers. I will not go into the details, but how on earth, nine months on, are we still finding out about additional private freehold developments with lethal material around some of their blocks?

[Sajid Javid]

Last August I wrote to every single local authority, asking them to carry out the work of finding all the private sector buildings in their area, and providing support for them. In fact, we have just given additional funding to help with that. All of them have acted with urgency and are working at pace. Some are still discovering buildings, because the work partly requires the co-operation of the private sector. We have spoken to many private sector institutions. It would be wrong to blame the local authorities; it is right that we work with them and give them all the support necessary to find these buildings.

Fire Safety and Cladding

Matthew Pennycook Excerpts

Tuesday 6th March 2018 Westminster Hall

[Matthew Pennycook (Greenwich and Woolwich) (Lab)]

I congratulate my hon. Friend the Member for Croydon North (Mr Reed) on securing this timely debate and on his wider efforts to co-ordinate Members who are concerned that the Government should step up and do more. Two hundred and sixty-four days have now passed since we watched flames engulf the Grenfell tower block in north Kensington, yet on private freehold developments across the country hundreds of thousands of residents still live with the knowledge that their homes are covered in lethal material. New Capital Quay, a vast 980-home development in my constituency, is only one of hundreds of such cases, although it is perhaps the highest-profile.

Cladding on the site failed tests carried out by the Department in July last year, and eight months on that cladding and insulation remain in place with no timescale for their removal and replacement, and with an inadequate and expensive waking watch fire safety patrol still in place. Residents are left in limbo while the freeholder, Galliard Homes, and the National House Building Council tussle over whether there was a breach of building regulations at the time of construction, and about who is liable—this tussle might be settled out of court, but it might ultimately be resolved only through lengthy litigation.

Residents stuck in the middle of that messy squabble are terrified at the thought that their families are not safe, and leaseholders are anxious that they will be hit by the full costs of the work. At a public meeting last week, one elderly resident told me that she is resigned to the fact that she will not make it out of the building if there is a fire, even with the waking watch in place.

What has been the Government’s position throughout? It has amounted to little more than a muffled and infrequent plea to the private companies involved not to pass on costs to leaseholders. No attempt has been made to ensure that the dangerous cladding is removed as a matter of urgency. In many ways, however, that is no surprise because the Government are deeply compromised on fire safety. In 2013, they failed to act on recommendations made after the 2009 Lakanal House disaster, and they chose not to rewrite procedural guidance set out in Approved Document B. They did nothing to prevent the installation of combustible polyethylene ACM cladding of the type found on New Capital Quay.

Presumably on the basis of advice from the BRE Group, in 2006 the Government opened the door to combustible insulation material such as the K15 Kingspan insulation found on New Capital Quay. That was approved as compliant through testing, when previously it had been impossible to meet the guidance by that route.

The Building Control Alliance determined to introduce a new route to compliance through desktop studies, but as the market became increasingly competitive its members began to approve cladding without even the need for such a desktop study. It is hard to believe that the Government were not aware that that was taking place, yet they failed to amend Approved Document B to respond to it.

If one steps back from all the legal wrangling between private companies about cladding and insulation on private freehold developments, one notes the flawed nature of the building regulations regime, the inadequacy of procedural guidance within that regime, and the passive response of Government to the behaviour of the combustibles industry since 2014. That explains why dangerous, combustible cladding and insulation of the kind that surrounds the homes of my constituents were signed off as compliant.

Let me be clear: the fault does not lie only with Conservative Governments since 2010, because successive Governments have failed to ensure that the building regulation regime was fit for purpose. However, the Government have a duty to act—if not a legal duty, then certainly a moral one—and they can do so speedily in a way that will make a big difference to my constituents by issuing clear, prescriptive advice about the final date by which dangerous combustible cladding must be removed from developments such as New Capital Quay. That is the least my constituents, and others across the country in a similar situation, deserve.

[Mr Gary Streeter (in the Chair)]

I thank all hon. Members for collaborating on timing.

National Planning Policy Framework

Matthew Pennycook Excerpts

Monday 5th March 2018 Commons Chamber

[Sajid Javid]

I thank my hon. Friend for the work he has done, particularly on density and building upwards. We have set out the detail on permitted development rights today, and we hope to bring that forward as soon as possible.

[Matthew Pennycook (Greenwich and Woolwich) (Lab)]

I welcome the push for simplification and increased transparency on viability assessments, but it is hard to see what they will do for London boroughs such as Greenwich, where the publication of such assessments is already mandatory. At the heart of this matter is the issue of developer returns. Given the scale of the housing crisis in London, does the Secretary of State really think it is acceptable that developers use viability assessments to drive down levels of affordable housing simply because to do otherwise would limit their profits to below 20%?

[Sajid Javid]

I do not think it is acceptable that developers do not meet the commitments they set out at the start. Particularly in London, we have seen too many examples of where a particular percentage of a development was set out for affordable housing and that was not met, based on the way in which the assessment process currently works. That is why I hope the hon. Gentleman will support the process we have set out today, which will have greater standardisation and much more transparency.

Grenfell Tower

Matthew Pennycook Excerpts

Monday 5th February 2018 Commons Chamber

[Dominic Raab]

The hon. Gentleman is right that the flexibility relates to local authorities’ borrowing. Quite how that should be done will depend on the individual circumstances of particular local authorities, but we are willing to discuss that. As I mentioned earlier, we are yet to decline a request, so the support is there.

[Matthew Pennycook (Greenwich and Woolwich) (Lab)]

The New Capital Quay development in my constituency is just one of hundreds of private freehold developments across the country where cladding has failed and where the freeholder in question—Galliard Homes in this case— has washed its hands of all responsibility for interim fire safety measures and remedial works. Does the Minister agree that it cannot be right for leaseholders to pick up the full costs in such cases? Will he urgently set up a working party to consider the matter and give proper guidance as to who is liable under the law for the costs on such developments?

[Dominic Raab]

It is not just in relation to local authorities and housing associations that the freeholder is responsible for renovations; it is also the case for private landlords. The question of the allocation of responsibility for funding and financing the renovation is partly determined by the terms of the leasehold arrangement, but my understanding is that, as a matter of general law, a freeholder cannot pass unreasonable costs over to leaseholders. There is always recourse to the tribunal and we know plenty of leaseholders have taken such action. We have been very clear that, morally, such costs should not be passed on to leaseholders.

South-eastern Rail Franchise

Matthew Pennycook Excerpts

Wednesday 24th January 2018 Commons Chamber

[Matthew Pennycook (Greenwich and Woolwich) (Lab)]

Thank you for calling me to speak, Mr Deputy Speaker. I should like to add my sentiments to those that have been expressed to you today. It is very good to see you back in your place. Huge numbers of my constituents, including me and my family, depend on local metro train services on the south-eastern rail network for work, for leisure and as a means of accessing the wider transport network in our city, so let me start by thanking you for giving me the chance to speak on their behalf on this important issue. However, as much as I am grateful for the opportunity, I am also struck by a depressing familiarity in having to raise concerns about services on the network—a feeling that I know will be shared by a number of hon. Members on both sides of the House, including those who have stayed behind to attend the debate and, I suspect, the Minister himself, whom I welcome to his new role.

In the relatively short time that I have been a Member of Parliament, we have had several debates on this issue. I recall an Adjournment debate that the hon. Member for Bromley and Chislehurst (Robert Neill) secured in January 2016 and a well-attended Westminster Hall debate secured by my hon. Friend the Member for Eltham (Clive Efford) in that same year, along with scores of oral and written parliamentary questions, all driven by the same basic grievance: passengers using the south-eastern rail network have suffered for too long from overcrowded and unreliable train services.

My own journey to work today was sadly typical of what many of my constituents experience every week. The 6.59 am service from Charlton to Charing Cross that I caught this morning was six minutes late, had two fewer carriages than advertised and was badly overcrowded as a result.

My argument is simple: the residents that I represent in Blackheath, Greenwich, Charlton, Woolwich and Plumstead, and those across south-east London represented by other Members of the House, deserve better from the next franchise, but I am concerned that the way the Government have approached it will not deliver the improvements my constituents need.

[Robert Neill (Bromley and Chislehurst) (Con)]

I warmly congratulate the hon. Gentleman on securing the debate. He is absolutely right: we have been discussing this for a very long time, but nothing seems to have changed. Does he agree that one of the particular frustrations for constituents in suburban London is that the current franchise appears to be structured in such a way that the rewards go to the longer-distance trains from the coast and that the suburban or metro trains tend to bear the brunt of the cancellations and lack of space, and are treated as the poor relation in all this?

[Matthew Pennycook]

I absolutely agree with the hon. Gentleman. There has been a long-standing tension on the network between metro trains and the longer services, and it often feels as though the suburban services and those who use them get a raw deal.

I think that it is fair to argue, although the Minister might disagree, that the record of successive operators of the franchise since privatisation in 1996 has not been particularly impressive. That would certainly be the view of many of those I represent. When the Strategic Rail Authority took the decision in June 2003 to strip Connex South Eastern of its multi-billion pound franchise, it did so because of concerns about the company’s financial performance, but anyone who used Connex services will recall just how dire its operational performance also was.

Under South Eastern Trains—a subsidiary company of the SRA that took over and ran the franchise for three years—we saw a steady improvement, but the SRA really only adopted a care and maintenance approach pending the new franchise. Under the current operator, Southeastern—a subsidiary of Govia that has run the franchise since 2006—services on the network have all too often been less than satisfactory.

That is not a criticism of Southeastern staff, whom I know to be dedicated and hardworking. I recognise that Southeastern is not solely responsible for service failures. A lot of the problems on the network are infrastructure-related. They are the responsibility of Network Rail and will remain an issue, whoever takes on the new franchise. I am also very much aware that maintaining services throughout the London Bridge rebuild would have presented any operator with enormous challenges. But all that said, there have still been real failures with Southeastern.

The provision of additional rolling stock has failed to keep pace with entirely predictable local population growth and a corresponding growth in passenger numbers. Despite much earlier requests from Southeastern, supported by a number of hon. Members, only in September last year did the Department for Transport finally authorise the purchase of 68 extra carriages for the network from GTR. Even with the addition of that extra stock, 12-car trains are still a rarity on the lines that run through my constituency, and overcrowding at peak times is frequently unacceptable, if not dangerous.

[Heidi Alexander (Lewisham East) (Lab)]

I congratulate my hon. Friend on securing the debate. It is absolutely imperative that the new south-eastern franchise should deliver 12-car trains in the rush hour. The 68 extra carriages to which he refers are simply inadequate. This is the key concern for many of our constituents.

[Matthew Pennycook]

I thank my hon. Friend for that intervention. She is absolutely right that, along with reliability, capacity and overcrowding are the No. 1 concerns of passengers in my constituency. It strikes me as odd, as I am sure it does her, that many of the platforms in our constituencies have had money spent on them to lengthen them, yet they will still not be receiving 12-car trains, even under the new service that will come in with the next franchise.

Periods of improvement in reliability and punctuality under Southeastern are all too often followed by periods of deterioration, such as the one we have experienced over the first few weeks of this year. While the published data bears out the fluctuating performance standards, I am sceptical about whether it paints an accurate picture given that it is measured against the published timetable. What I suspect we have seen over recent years is the introduction of revised timetables that, yes, have improved Southeastern’s public performance measure, but have meant reduced services for passengers. While the latest data available suggests that customer satisfaction has increased, it is little wonder that Southeastern’s overall customer satisfaction rating is still lower than those for all but three train operating companies in the UK.

All that is happening despite Southeastern securing £70 million of extra investment from the Government in 2014 as part of the directly awarded franchise agreement. At the time, we were promised that that investment would lead to improved train performance, customer service and station facilities. The fact remains that we are still a world away from the service that passengers in my constituency expect for the fares they pay.

[Helen Whately (Faversham and Mid Kent) (Con)]

We would do better not to pit suburban passengers against those who travel longer distances—perhaps to and from my constituency—because we should all recognise that the franchising process is an opportunity to secure more capacity, more reliable trains and better-value services for all our constituents who rely on the railway.

[Matthew Pennycook]

I have to disagree to the extent that the thrust of my argument is that I am concerned that we will not get that from the next franchise, but the hon. Lady is right that it must be the aim.

My constituents understand that the network faces challenges, including rising passenger demand as well as complex and ageing track, junction and signal infrastructure, but they expect services to be punctual, reliable and not overcrowded, and those expectations are not unreasonable. The fact that expectations are not being met is partly due to the inherent limitations of the franchising system and the tension that has always existed between metro and long-distance trains.

Under the current system, the Department for Transport is responsible for designing and procuring new and replacement services on the network. The Department specifies, often in minute detail, service levels, timetables, rolling stock and most fares. It is a one-size-fits-all approach to rail franchising premised on franchises driven by the need to chase revenue and meet targets, rather than devolved concessions focused on reliability and investment. The latter is what I believe would have been achieved by the devolution of Southeastern services to Transport for London and, frankly, why I am still incensed by the Secretary of State’s decision to torpedo plans to that effect.

The plans were published jointly by the Department and TfL in January 2016 and endorsed by the Secretary of State’s predecessor, the right hon. Member for Derbyshire Dales (Sir Patrick McLoughlin), and the previous Mayor of London, the right hon. Member for Uxbridge and South Ruislip (Boris Johnson). As we know from a leaked letter, the Transport Secretary rejected the plans due to a dogmatic opposition to rail devolution based on his belief that the services should be kept out of

“the clutches of a Labour mayor”.

No detailed explanation has ever been produced, as far as I am aware, as to why the business case submitted by the Mayor of London was considered inadequate. What particularly frustrates my constituents, whatever their political persuasion, is the knowledge that if a Conservative Mayor had been elected in May 2016, they would now be looking forward to our local trains being integrated into TfL’s successful Overground network next year.

I remain convinced that the devolution of metro services in London would have led to more punctual, more reliable metro-style services. They would also have facilitated—in many ways, this might have been just as transformative—the effective integration of services with others across the capital in ticketing, fares and investment, and improved customer service, particularly for passengers with a disability, because all stations would be staffed from the first train to the last. That plan represents a real missed opportunity and, while I have little hope, I urge the Minister to think again even at this late hour about making provision for the devolution of control over metro services under the new franchise.

[Helen Whately]

Will the hon. Gentleman give way?

[Matthew Pennycook]

If the hon. Lady will forgive me, I will not, because time is short and the Minister has to wind up the debate.

At the very least, the Department should guarantee that the service standards delivered by the new south-eastern franchise match those that would have been delivered by London Overground. My fear is not only that the new franchise will not match those standards, but that it could lead to a deterioration in the services on which my constituents rely.

Slipped out alongside an announcement that it will look at reopening lines across the UK that were lost under the Beeching cuts, the Department published its invitation to tender for the new franchise on 29 November 2017. With one operator, Trenitalia, having withdrawn from the process, there are now only three operators bidding: Abellio, Stagecoach and the current operator, Govia.

As expected, given the instant and, I suspect, co-ordinated opposition they generated from Conservative politicians across south-east London and Kent, proposals that all metro services on the North Kent, Greenwich and Bexleyheath lines will terminate only at Cannon Street have been dropped, but that does not mean all services on those lines will escape cuts under the Government’s franchise specification.

The requirements set out in the ITT include the introduction of a revised train service, no later than 2022, that will see Woolwich and Charlton stations in my constituency lose direct services to Charing Cross, and Blackheath station, along with other stations on the Bexleyheath line, lose direct services to Victoria. Those revisions come on top of the proposed replacement of two of the six hourly off-peak Southeastern services on the line with Thameslink services that I fear might be slower and less reliable and that will not stop at Woolwich Dockyard station in my constituency or at Erith and Belvedere stations in the constituency of my hon. Friend the Member for Erith and Thamesmead (Teresa Pearce).

[Clive Efford (Eltham) (Lab)]

My hon. Friend is making a powerful case. Does he agree that the Government’s reason for terminating Victoria services on the Bexleyheath line—that the services somehow create problems because they have to cross over and that the complexity is not surmountable by modern technology or signalling—is an excuse? The people who run the service are benefiting at the expense of the passengers who use it.

--- Later in debate ---

[Matthew Pennycook]

My hon. Friend is absolutely right. Far too much is made of the problems that undoubtedly exist at the throat point at Lewisham. Those problems do not ground the proposed service revisions under the franchise specification.

[Teresa Pearce (Erith and Thamesmead) (Lab)]

I thank my hon. Friend for securing this important debate. What he says about Belvedere and Erith stations in my constituency is true: services to Charing Cross will be stopped and the Thameslink will not stop there. There are substantial new housing developments, and the people who move in will stand on the platforms at Belvedere and Erith and watch trains whizz past them, with no way for them to get to work.

[Matthew Pennycook]

My hon. Friend is a mind reader, because she anticipates my next point.

Viewed in the context of the Department’s serious and significant underestimation throughout this process of the scale of development and projected population growth in the area—my hon. Friend raised the point at the time of the consultation—the service revisions are of real concern and I ask the Minister to revisit them, but they are not my only concern.

It is difficult to understand why the ITT includes nothing that will encourage bidders to offer enhanced services. Indeed, it includes stringent conditions that militate against any attempt to do so. If a bidder determines to propose an enhanced service and the DFT judges that the conditions are not met, the bidder risks being penalised by having its score reduced. Surely, if one of the three bidders believes it could maintain services from, say, Woolwich and Charlton to Charing Cross to meet passenger demand, why should it not be able at least to explore the option?

Perhaps the most disappointing aspect of the new franchise specification is that none of the commendable aspirations set out in the joint plan published by the Department and Transport for London in January 2016 has been included. Will the Minister tell the House why options such as greater integration of fares and the staffing of stations from the first train to the last were ruled out? Given the tangible benefits those options would bring, will he reconsider including them?

Lastly, although in the circumstances in which we now find ourselves I certainly welcome the introduction of a new “one team” model of franchising that will bring the future operator and Network Rail together under a single director responsible for both infrastructure and operations, whether it will work is another matter entirely. The Minister may recall that a previous attempt to foster closer working between South West Trains and Network Rail fell apart. How confident is he that this latest attempt will succeed where that one failed?

To conclude, it is beyond doubt that passengers using the south-eastern rail network have suffered from substandard services for far too long. All of us would agree, I hope, that they deserve better from the next franchise, but I have real concerns—concerns shared by passengers and the rail user groups in my constituency—that the way the Government have approached the franchise that is to be let later this year will not deliver the level of service that passengers expect and deserve. We will all have to live for the best part of a decade, and perhaps even longer, with the franchise and the operator who secures the award later this year. It is crucial that we get it right.

I would like to ask the Minister not only to address in his reply to the debate some of the specific concerns that I have raised, but to go away and think again about some of the limitations of the franchise specification published by his Department last year and what might be done, even at this late stage, to address them. I fear that if he does not, we will all be back here next year, and potentially for many years after that, repeating concerns about services on the network on behalf of those we represent.