(2 days, 17 hours ago)
Commons Chamber
Gideon Amos (Taunton and Wellington) (LD)
As we remember the 72 victims of Grenfell and the many who are still waiting for justice, I know the Secretary of State and Members from across the whole House share the same commitment to do right by them, to ensure such a calamity never happens again, and to do better for all the leaseholders and residents living with unsafe cladding through no fault of their own.
We need a Bill that will, once and for all, make people’s homes not just safer but as safe as their residents have a right to expect them to be. The Liberal Democrats remain committed to getting the removal of unsafe cladding urgently and by a statutory deadline, to getting remediation to the right safety standard—the one that building regulations were uprated to post-Grenfell—and to residents not having to pay a penny towards fixing a crisis not of their own making. We will look at the amendments that have just been outlined, and we look forward studying them when they come forward. Sadly, as the Bill stands it does none of those things and, because of that, it is substandard and needs radical improvement.
On the plus side, let me be clear about the positive aspects of the Bill that we support. We support the legal duty for responsible entities to remediate, including the important extension of the duty in relation to buildings of 11 to 18 metres in height. We support the stronger intervention powers for housing authorities and the regulator against the blockers, such as through remediation management orders. We support making it easier to bring claims against cladding manufacturers, and we support requirements to have fire risk assessments of external walls and associated registers.
For those reasons, we have not gone as far as tabling a fatal amendment, despite the very serious flaws, as we see them. It would be wrong to deny support to any leaseholders or residents who without this Bill would get less help, but I call on the Government to consider seriously the degree to which the Bill is lacking. While I do not doubt the sincerity of the Secretary of State or the Bill, the Government need to think harder and bring forward amendments that are urgently needed to strengthen the Bill. In the stages that follow Second Reading, we will be suggesting and proposing changes, and working with the Government as constructively as we can to get the improvements that we believe are necessary.
Where does the Bill fall short? First and foremost, it enshrines into law the discredited publicly available specification 9980—PAS 9980—approach. As shown in clause 44, that will allow cladding of “tolerable” risk of combustion to remain on homes after they have been remediated. One may expect “tolerable” risk to be no more than the level of risk allowed in new buildings under the building regulations, as tightened up after Grenfell, but as the hon. Member for Hackney South and Shoreditch (Dame Meg Hillier) has already alluded to, it is not that standard. In this Bill, remediation will be only to a standard that a fire risk assessor decides is “tolerable”. We are talking about fire risk assessors paid by building owners, who are more likely than not to have commercial interests in doing as few works as possible to their building. While I am sure that most assessors are reliable professionals, given that the Grenfell inquiry report chaired by judge Sir Martin Moore-Bick cited “commercial interests” in this area of work as one of the contributory factors to the fire, is retaining commercial interests in the system of fire risk assessment, assessors and building inspectors a risk worth taking?
The hon. Gentleman and I have common cause in this respect, and I rely on the expertise of my constituents in this matter. The PAS 9980 approach was not reassuring for insurers. There was a big problem with insurance anyway, but PAS 9980 does not solve it, because it does not give insurers the certainty they need to do the risk assessment. I am not here as an apologist for the insurance industry—in fact, there are many issues that we will be taking up with that industry—but this approach is not the answer. Given his level of deep expertise in this matter before he came to the place, what would the hon. Gentleman propose instead? Is there an amendment to the Bill that he and the Government could coalesce around and reach agreement on?
Gideon Amos
The hon. Member is very kind—I am sure my experience is as great as many other Members of the House. I am coming to what we believe would be a preferable standard. Our approach is that these issues of “commercial interests” should be expunged from the Bill, and that the tolerability approach should be removed. We believe that existing homes and buildings should be remediated to meet the standard of fire safety required in the building regulations that were uprated in 2018, after Grenfell.
(1 year, 4 months ago)
Commons ChamberI rise to speak to amendment 87, in my name and the names of most Select Committee Chairs—certainly most of those who cover Departments—including the Chair of the Business and Trade Committee, my right hon. Friend the Member for Birmingham Hodge Hill and Solihull North (Liam Byrne), the Chair of the Energy Security and Net Zero Committee, my hon. Friend the Member for Sefton Central (Bill Esterson), the Chair of the Environmental Audit Committee, my hon. Friend the Member for Chesterfield (Mr Perkins), the Chair of the Environment, Food and Rural Affairs Committee, the right hon. Member for Orkney and Shetland (Mr Carmichael), the Chair of the Housing, Communities and Local Government Committee, my hon. Friend the Member for Vauxhall and Camberwell Green (Florence Eshalomi), and the Chair of the Transport Committee, my hon. Friend the Member for Brentford and Isleworth (Ruth Cadbury).
The amendment relates to the Government’s new approach to the consultation around national policy statements, and in particular to the parliamentary scrutiny of those statements. There is currently a process by which Select Committees join forces to examine national policy statements and provide recommendations to the Government, but the Government are proposing to introduce what they call a new “reflective amendment” procedure where an amendment to planning policy reflects new legislation, changes to Government policy or a relevant court decision since the policy guidance was put in place. We all know that the Government’s aim is to speed up the planning process, but we need to be clear that reducing parliamentary scrutiny can have long-term consequences. I am therefore seeking reassurances from the Minister as to how this will be managed.
This proposal will remove the requirement to respond to either a resolution of either House of Parliament or recommendations from a Committee of either House of Parliament on the proposed changes; instead, the Government would write to the appropriate Select Committee at the start of the public consultation period, which is typically six to 12 weeks, and the Committee would then have the option of inviting Ministers to discuss the proposed changes during that time. My fellow Chairs and I are concerned about this change reducing the Committees’ influence and enshrining in law that the Government do not need to respond to the scrutiny or recommendations of Select Committees.
I give way to the hon. Gentleman, who has tabled a similar amendment.
Gideon Amos
I am grateful to the hon. Lady and the other Select Committee Chairs for taking up an issue that we took up in Committee, and about which there has been concern across the House. The Government may wish to change NPSs in the light of legal judgments, but does she agree that changes to them for policy reasons, particularly when they affect massive projects like Hinkley Point C and Sizewell, should continue to come before the House?