(3 years, 1 month ago)
Public Bill CommitteesWe did see that, and I certainly do not want to undermine the work that individual leaseholders have done to get a grasp of the system. That is not what I am trying to say. I want to see a system that is as easy as possible to navigate. Yes, we have seen those examples and I completely get that, but I could equally refer to individuals in states of absolute emotional distress who would have to deal with this system, as we have touched on under previous new clauses.
We have the Building Safety Regulator, as the hon. Member rightly pointed out, centralising what works in co-operation with the other stakeholders, including local fire services and local authorities, which my hon. Friend the Member for Liverpool, West Derby advocated for. We also have the building safety fund. However, there sometimes seems to be a black hole in things. Things disappear and drift, and there is dither and delay. The new clause is about turbocharging the process, providing that leadership and drive that not only leaseholder residents require, but us collectively as legislators of the nation require to deal with this scandal.
I think that we agree with the idea of turbocharging and streamlining the process, but where we disagree is on how we go about doing that. I question whether a building works agency in the form prescribed in the new clause would do that. My other slight concern is that we are already part way through a process of remediation. I want to see that process improved in the ambits in which it already sits. That is the point that I am trying to hammer home.
My concern is about the practical application. The hon. Member for St Albans rightly said, and I do not disagree with her, that many people have had to learn to navigate these difficult systems. On the flip slide, there will be many people who are totally lost and because of the circumstances they find themselves in, they may not be able to navigate these systems in the same way—notwithstanding her point, which I totally take on board; she is right.
To reiterate, I do not disagree with the sentiments expressed by the hon. Member for Weaver Vale and other hon. Members who have intervened. We do need a system that is accessible to those who have been most affected. My concern is about the practical application of new clause 14 and how it would work. I am conscious that we are already going through a process of remediation. The focus should be on ensuring that my right hon. Friend the Minister gets it absolutely right in the first instance.
This is an emergency and an urgent crisis. We have a new Secretary of State, so we can look afresh at the matter. We have looked across the water at something that works. I know that Ministers, shadow Ministers and other stakeholders have spoken to governments in Victoria and New South Wales, looking at what has worked and sharing notes to take things forward. This is a crisis, so I would hope that the new Secretary of State can work with all stakeholders and politely bash heads together at almost a building safety summit. I hope that the matter will be looked at seriously to drive the process forward.
The hon. Gentleman is right in what he says about moving things forward in the longer term, which is how I took it. It is incumbent on me and him to get the new Secretary of State to ensure that this works in the way that those who have been affected would expect. I am sure that my right hon. Friend the Minister is waiting with bated breath for the representations that I will make to him to ensure that this works.
The hon. Gentleman has drawn on the example of the Australian state of Victoria and the conversations that have taken place. Of course, it is important that we look at international examples when we are deliberating the best way to solve this problem—he is right to label it as a crisis, because it is a crisis. I have already articulated this point, but my concern about drawing direct parallels with Victoria is the quantity and scale involved. As I said in my opening remarks, there are 2,000 properties in Victoria that fit the criteria and would fall within new clause 14, as opposed to 100,000 in England alone. My concern is about how we ensure that this system is practically operational, but I do not disagree with the philosophical sentiment behind new clause 14: the idea of streamlining the process, of having a culture in the longer term that is about prevention, and ensuring that those individuals who need to access the system can do so.
(3 years, 2 months ago)
Public Bill CommitteesI definitely agree with my hon. Friend—I wouldn’t dare not—and this cannot be allowed to continue.
On Monday I met the National Housing Federation, and a point was made about tenant engagement. Sometimes the risk is that those who do not speak up have the most serious issues and are not being heard. As part of the hon. Gentleman’s amendment, which is very interesting, how does he feel that, operationally, we can ensure that tenants who often do not make complaints are actually heard? Quite often it is the same people time and again, which is great, but those from whom we do not hear often have serious issues. How does he feel that we could do that?
I think it is about ensuring that the voice of tenants, residents and leaseholders is central to the new process—it is about bringing that to life. Throughout the Bill’s journey so far, Members from across the House have spoken eloquently about that, regardless of their political affiliation.
The programme that I refer to, and the issues it raises, brought shame on the country’s housing system and those involved in the neglect shown on ITV. It also highlights how the Government have defunded, diminished and undervalued social housing, and how little progress has been made since 2017 to bring in full social housing reform. The amendment brings us back to the reason the Bill was introduced: the tragedy at Grenfell Tower. Survivors of the fire at Grenfell are very clear that they were let down by the process. As tenants, they had no voice. They, more than anyone, support tenants having a voice and being heard.
(3 years, 3 months ago)
Public Bill CommitteesThis is a really important clause. My right hon. Friend was rather succinct in his comments, but he touched on the balancing of the environment with the Bill. As we talked about in our previous deliberations earlier this week, we want to ensure that we can still have the environment in place in order to continue to build, because we still need to build homes and ensure that there is an adequate process in place. The important part of the clause, which links to other clauses that we have debated so far, is about ensuring that there is an adequate process in place to ensure that there are no delays and that we have adequate building taking place in an expedient manner.
We also need to ensure that those who want to play according to the rules, as I discussed on Tuesday, know how to do that and can ultimately have their matters determined in an expedient manner. I am sure my right hon. Friend will touch on that in his remarks when he responds later, but I want to ensure that in the clause we maintain the balance between a proper determination to ensure safety for leaseholders and residents and an expedient manner to determine applications, which will be important.
I will not talk about the impact in Wales. I commented on that during our previous deliberations, but I fully support the clause, which strikes the right balance in the underlying tensions in the Bill. I look forward to hearing my right hon. Friend’s comments in due course.
I should have said earlier, Mr Efford, that it is yet again a pleasure to serve under your chairmanship.
We welcome the increased regulation—the compliance and stop notices recommended by Dame Judith Hackitt in the independent review—but I have a couple of questions for the Minister. Will these powers given to the regulator apply to buildings that are 11 to 18 metres tall, and will compliant products be kitemarked for ease of inspection to ensure that they are compliant, or not?
I should also have said in my previous contribution that it is a pleasure to see you back in the Chair today, Mr Efford, and I thank you for your indulgence during our previous deliberations. You are being very generous with your time in the Chair.
I have a few questions for my right hon. Friend the Minister as well, dovetailing with what the hon. Member for Weaver Vale just said. The one concern I have is about individuals who purchase their property pre-completion of construction—because that does happen in these settings too—and what protections we can devise for that. I have seen it happen before: people have put down a deposit or spent significant amounts of money on legal and transactional fees to get to a particular point. I heard what my right hon. Friend said, and I agree that we are talking about extreme cases of individuals who are flouting the rules or not following them, but my concern is that as we embed new sets of regulations, issues often become apparent quite commonly and quite quickly. I am sure that those of us who have been Members much longer than I have will have seen the array of issues that arise when new legislation comes into effect during its initial implementation.
My question to my right hon. Friend the Minister is whether he is open to a broader discussion about what we can do to avoid potential blockages in transactions as an unintended consequence of this. What we see is that people who are trying to let or purchase properties are left in limbo, with a back and forth for months on end, while stop notices are issued and remediation is done. Clause 37 seeks to ensure that remediation is taken, and, more importantly, that work in the initial process is compliant in the first place and we do not reach a situation where stop notices have to be issued.
I am grateful to my hon. Friend for his intervention. Dame Judith Hackitt’s review highlighted a shameful system. Putting in place a criminal offence shows that we will not and should not tolerate this shoddy behaviour any more, and nor should those individuals who have had to suffer the highest cost as a result of it. He is right in what he says in the spirit of his intervention. He listed the plethora of individuals who would be caught by this and I do not disagree that they should. People should not be able to hide behind the corporate veil and dodge liability. He is right that, in drafting the Bill, my right hon. Friend the Minister and his team have ensured that it is all-encapsulating. What we do not want to see—perhaps I am being optimistic, but I hope not—is individuals being able to dodge this.
On a point of order, Mr Efford. For clarity, are we talking to clause 37 or clause 38, which is about offences?
We welcome the stronger sanctions, given the gravity of the consequences and the context, which the Minister referred to, of the tragic events of Grenfell over four years ago.
I, too, welcome the clause. I wish to raise a couple of points with the Minister about the defences under proposed new section 35(2) of the Building Act, relating to instances where duty holders believe wrongly that another duty holder has reported an incident. It will be
“A defence to the offence of failure to report where the person being prosecuted was not aware of the occurrence which gave rise to the requirement to report”.
I want to ensure that the scope of the defences is as tight as it can be. Clearly, there is a balance to be struck. We are fully aware that incidents happen; human failure can happen and we cannot eliminate that, so we have to take account of that within the regulatory framework, but we need to tighten the circumstances where this defence can be used. I am conscious that there is a risk that developers will see this as an opportunity to do some finger-pointing and say, “It wasn’t me. It was him,” or, “No, he missed that and I missed that.” I know that is not the intention behind the defences under clause 38, but can my right hon. Friend the Minister assure me that there will be appropriate guidance on implementation and enforcement of the provisions of clause 38, which is really important?
We have an obligation to follow through on what Dame Judith Hackitt noted in her report, particularly about the regulatory landscape. Ultimately, we do not want people who have not done right by the people we are trying to protect to find some way of getting round things. I know my right hon. Friend has worked hard to ensure that does not happen, but given that the broader point of the clause is to send out a message, particularly through custodial sentences, that breach of building regulations is serious—we are dealing with human life, as we saw with Grenfell—I want to get some reassurance from him that he will tighten that up.
I welcome the enforcement period extension. I think that is right. My right hon. Friend touched on that in his comments, so I do not need to repeat that. If he can give me those reassurances, I will be immensely grateful.
As the Minister says, this will raise the bar and raise the standards of building control throughout, as recommended by Dame Judith Hackitt and the review. It will do so through its process procedure and, very importantly, enforcement and deterrent. One of the concerns the Opposition raised with other clauses is the potential to have a two-track approach to building control with buildings below 18 metres. What assurances can the Minister give that that will not be the case and that standards will be raised in buildings that are below 18 metres, say, from 11 to 18 metres?
I, too, welcome clause 41 and its effect on the Building Act. I want to raise a point with my right hon. Friend the Minister around clarity. We will effectively have two bodies in England and Wales that will deal with this. In England it is the regulator itself and in Wales it is Welsh Ministers. I would be grateful if he will confirm that he will ensure that his Department will keep that discussion ongoing. The importance of the clause, as with the rest of the Bill, is to ensure consistency. We talked in previous deliberations about cross-border work. We need to ensure that the professionals who would sit within this regime have consistency and are conducting work across the English-Welsh border to ensure that we keep the market going and continue to meet those home building targets.
I agree that the Bill is long overdue. As the hon. Member for Weaver Vale pointed out, it is about raising standards and ensuring that the profession knows what is expected of it. There is a broader point to be made on communication: making sure the points contained within clause 41 are communicated clearly, not just within the profession but more broadly. We have talked about how the impacts of making these regulatory and standards changes need to be communicated with the sector and with training providers, but they need to be communicated with the industry more broadly. If that is not done, we might have a situation in which people enter the industry without necessarily being clear about where they need to be. I would therefore ask the Minister to be sure that his Department continues to engage.
Considering the issues, the measure is long overdue. It is common sense and something that any other regulated profession would do. There is detail about the power to have investigations, and again we need to ensure that that system works and that the regulator is in place for that, in particular for proposed new section 58H—that system must flow properly. Sanctions, too, must be proportionate. The clause is a significant one, so I will not go into every single element of it, but will the Minister ensure that its implementation is reviewed and that we continue the discourse on it, notably on proposed new section 58I on sanctions for professional misconduct?
The regulator must ensure that it continues those discussions of what is appropriate. As we have touched on in other deliberations, circumstances change and things develop. I reiterate that to the Minister, and I ask him to ensure that his Department continues those communications, that the expectations of the industry are communicated and that under the mandate of clause 41 the regulator continues its conversations with Welsh Ministers, so that we can have consistency—that will be key, given its cross-border nature. We must ensure that the clause is implemented so it is how we want to see it work. I am sure he will, but I will be grateful for his reassurances.
(3 years, 3 months ago)
Public Bill CommitteesI thank the Minister and other Members for their helpful contributions. As has been said, insurance, particularly professional indemnity insurance, has caused considerable debate and angst, not only for the professionals involved, but about the future role of the accountable person and those involved in building control. The ABI and AXA refer to that in their submissions.
Members have spoken about secondary legislation. The market has to respond to this measure, and that is why more detail would have been helpful. The Minister’s comments on consulting key stakeholders are constructive and reassuring. I assume that the ABI will be one of those stakeholders, and those discussions may be taking place not quite as we speak but over the next few weeks—I hope that that is the case. Ultimately, this is about ensuring that the clause and the new SIs provide adequate cover and deliver the culture change that we all want.
I will keep my comments brief. I want to touch on whether primary legislation is the appropriate place to set out the specification.
I fully appreciate and do not disagree with the comments that have been made on the need to see the detail. I completely agree with the comments of members across the Committee about the need to consult and to ensure that stakeholders are appropriately engaged. If we put this in primary legislation, I think there might be a slight unintended consequence of pigeonholing it too far.
My interpretation of the ABI’s evidence is that there is a need to ensure that appropriate stakeholder feedback is reflected in regulation. In other areas, it is not uncommon for insurance mechanisms such as those in clause 47 to be delegated to secondary legislation, because it allows time for that engagement and the pulling together of stakeholders. It also allows for drilling down into the detail, because that secondary legislation can focus specifically on those really important points. As my right hon. Friend the Minister has said, it is appropriate to delegate to secondary legislation, but I also agree with the points raised by the hon. Member for St Helens South and Whiston. There is concern in the industry, as we have heard, particularly about incidences of fire and the inability to obtain appropriate insurance. Clause 47 seeks to remediate that and to interlink that more widely, so that we can have the safety we have been talking about and the cultural change that the hon. Member for Weaver Vale mentioned a moment ago.
This is an important but technical debate on whether primary or secondary legislation is the appropriate place for the requirements in clause 47. Broadly speaking, I think my right hon. Friend is right, but I say to him again, and this has been echoed across the Committee, that Members are seeking to ensure the broadest level of engagement with different stakeholders as this progresses. That will be important in ensuring that the subsequent legislation that feeds off clause 47 reflects accurately what we are trying to bring about and, ultimately, that the clause achieves its aims.
Briefly, I am sure these clauses are welcome; information sharing will be vital to the new landscape of building safety. The introduction of an electronic portal—I might refer to the Minister’s previous profession and experience in IT—will result in greater systems efficiency, but will require some investment in hardware, systems, development and training. Could the Minister touch on that?
I will keep my comments brief, to keep in line with the culture across the Committee so far. To complement what the hon. Member for Weaver Vale just said, I had hoped to intervene on my right hon. Friend the Minister’s point about consistency of process. The portal in clause 52 is welcome, but the back-office processes required to ensure that that is usable and feasible will clearly be important. We have been discussing this duty to share information throughout the Bill, but it is particularly highlighted by clauses 51 and 52. Clearly, for that to succeed, we must be able to ensure that it can be done in the way that we would require.
The point that I really want to press on my right hon. Friend the Minister is that we should ensure that we have that consistency of approach. Perhaps he could reassure us that his Department will work with local authorities to ensure that, in respect of these clauses, we can get that consistency? As hon. Members have said, operational delivery is the one thing that this might fall down on. I am also heartened to hear what he said on the funding point, but, as this progresses, it may need a somewhat flexible approach.
It just rolls off the tongue, doesn’t it? According to the Government’s own figures, 274 hospitals of 18 metres and above are in scope at the moment, as well as 10 care homes. For the hospitals, that will affect capital spending in other Departments. I am sure that we all have ambitions to get renewed hospital facilities in our constituencies via capital spending. Drawing on the previous amendment, I am sure that that is something that Ministers are strongly considering. Of course, the Opposition—or Members across the piece, actually—would urge them to look at those exclusions.
I am really pleased to speak both to the clause and to the amendment tabled by the hon. Member for Luton South. As someone who probably would not be here were it not for social housing, I completely agree with the sentiment behind her amendment and with most, if not all, of what she said about the need to build more social housing, and in particular, her point about improving the quality of existing stock. I am sure that the biggest issue we both deal with is the quality of the existing stock in which people currently live. I do not disagree with the sentiment behind the amendment, which seeks to enable social housing providers to retain their limited resources—I am sure she would agree that they need more—to improve their stock.
I am heartened to hear from my right hon. Friend the Minister about the positivity that appears to be coming from Her Majesty’s Treasury on this matter. It is fantastic to hear that those deliberations and conversations have been positive. I will probably not articulate it very well—apologies, this is a bit personal for me—but I am really pleased to hear that. It is important, and I was probably struggling with the issue a bit given my background and experiences. I am glad to hear that the Treasury have heard that point, and I thank the hon. Lady for tabling the amendment.
The clause is the right move in respect of developers and the levy. As Dame Judith Hackitt pointed out, we will ultimately ensure that our system works and is financially robust. As the hon. Member for Weaver Vale pointed out in his contribution, the regulations will be the meat of the legislation. I note the exemptions listed. I listened with real interest to the point the hon. Gentleman made about hospitals and care homes. Many of us, across the piece, can have discussions about that and perhaps work on it. We have talked about unintended consequences all day, and what we do not want to see is any sort of inhibition of the Government’s agenda of building more hospitals, improving social care, and doing what we know needs to be done in our communities. The hon. Gentleman made an important point. I do not necessarily expect an answer from my right hon. Friend the Minister today; I appreciate that the conversations are ongoing, and I am sure he agrees that they are important.
We have heard some well-articulated speeches, and it is always a bit of a nightmare speaking after them because we tend to say what everyone else has said. To keep my comments as brief and to the point as possible, the sentiment behind the hon. Lady’s amendment is absolutely spot on, and I am really heartened to hear the response from my right hon. Friend the Minister. The levy is right, but we will need to scrutinise the accompanying regulations, particularly on exemptions, which I will consider with interest. The principle underpinning clause 57 is right and has my wholehearted support.
(3 years, 3 months ago)
Public Bill CommitteesYes, but what I heard from the witnesses —the evidence is crystal clear—is that there are buildings, such as hospitals, that have vulnerable people. One thousand hospitals will not be within the scope of the Bill, because they are below 18 metres. According to the Department’s own figures, 13,200 care homes will not be classed as at risk under the current regulatory landscape.
The clause will provide that flexibility, which the Minister referred to. If there are thematic incidents, fires or failures related to building safety, the Secretary of State has the welcome flexibility of the regulator in the future. We certainly want the definition of risk on the record, as witnesses have requested throughout.
I shall be brief, as I am conscious of the fact that we have already touched on the clause.
The point on which I wish to comment, which was highlighted in the comments of the hon. Member for Amesbury, is the ability of the Secretary of State to liaise with the Building Safety Regulator, as provided in the clauses added to schedule 5 to the Building Act 1984. The key is the facility to recognise that circumstances change—specifications change, the industry changes. The clause gives the Department the flexibility holistically to utilise the Building Safety Regulator, ensuring that subsequent regulations reflect reality.
We have debated the 80 metres specification, but we heard during the evidence sessions that flexibility is necessary. There are many shades of grey in this space—it is not all black and white. The clause pretty much mandates the Secretary of State to have regard to the Building Safety Regulator’s advice and to take on board its recommendations. That is vital, because the way in which we have structured the BSR in the Bill thus far is for it to act not just as an enforcer but as an adviser too, and there will be individuals within the organisation who have the expertise and skill.
The clause provides the flexibility that we will need, and as we come to secondary legislation we will see how important that is going to be. As we build the legislative framework, it will be important that Ministers have the agility to take advice and react to the market. The market and the specifications now will not be the same in five years’ time or 10 years’ time. We must ensure that if things need to change we can act expeditiously. Clause 30 is the right clause. It provides that flexibility to my right hon. Friend the Minister and his officials and I therefore support it.
It is incredible that this is not part of the status quo, because we are talking about competence in the construction sector. Of course, this is a changing landscape, with everyone, as the Minister says, having the appropriate knowledge, skills and competence to carry out the new requirements of the regime. There is a lot of onus on the client and the principal contractor. Who assesses whether the principal contractor is competent? What does competent look like? Again, it seems that this may be outlined in guidance and secondary legislation. How do people know whether somebody is genuinely competent to construct or refurbish a higher-risk building? I would be interested to hear the Minister’s comments.
I am mindful that just looking at this clause triggers a lot of thought processes. As the hon. Member for Weaver Vale has just said, we might have thought that this was already a given: that if we get someone to do a job, they should have the skills and qualifications needed to do it properly. It triggers some broader thought processes on how we embed these legislative and regulatory standards within the system more broadly.
I am grateful to my right hon. Friend the Minister for his response to the intervention on education. Clearly, as a result of this clause, we will have to embed this within the culture, which will require that stakeholder engagement. I was heartened to hear my right hon. Friend say that he would take that away and ponder it.
The key thing, as with all of this, is how it will operate in practice. The sentiment of the clause is the right one: in order to ensure that people living in high-rise buildings are safe, those buildings must be constructed by individuals who know what they are doing, and the onus must be placed in statute on the organisations constructing these buildings to ensure that the competence and skills base is there.
My hon. Friend the Member for North Devon raised an important point in her intervention about getting the balance right. I think this does get the balance right, in that it ensures that we can still recruit to the industry, so that a flow of workforce still comes into it, but things clearly have changed since 1984. My right hon. Friend the Minister articulated that by highlighting that the existing regulations are 37 years old. Just to put that in perspective for the Committee, that is slightly before I was born. I was born in 1992—I do not know whether that horrifies some Members.
I am the grandson of a builder, and it is clear that building sites have changed in 40 years. The expectations and complexity of the jobs that firms are now undertaking require the ability to know that the competencies are there. We now have a raft of qualifications, and different levels of experience and needs, as I have said in previous contributions—I am sure everyone has noted that meticulously. None the less, it is important. Things have changed and moved on. We are operating and trying to regulate an ever-changing marketplace that has new technologies coming on board and new materials coming into play, and we need the individuals who operate in this space to have the skillsets and ability to react to that.
The one thing that I would say—perhaps this will be addressed in secondary legislation—is that in my profession, we always had to show continuous professional development. We had to show that we had not just sat there after qualifying perhaps 10 years ago, because things had moved on.
(3 years, 3 months ago)
Public Bill CommitteesIt is a pleasure to serve under your chairmanship, Mr Efford.
As the Minister rightly said in his introduction, clause 21 ensures that appropriately trained individuals secure the involvement of local authorities, key stakeholders and fire and rescue teams in working with the Health and Safety Executive and the regulator.
The current definition of at-risk buildings is those of 18 metres and above. I have said throughout proceedings on the Bill that the scope of “at risk” should be broadened, and we will debate that under later clauses.
We welcome the recommendations, which draw on the findings of the independent review conducted by Dame Judith Hackitt.
How will the regulator ensure that individuals are appropriately trained and qualified under the framework? An example arose yesterday on social media of a resident living in a block in Bournemouth. The block was signed off by a previous employee of the council but it has been riddled with fire safety issues that we in this room and beyond are all familiar with. The individual has now set up as a private contractor, free to assess so-called fire safety issues in other at-risk buildings.
Clause 22 is straightforward, and we agree with it. Although it is beyond the Minister’s remit, a £1,000 fine for impersonation seems little deterrent, given the amount of money involved in building construction. As the Minister said, current levels of fines under the justice system for impersonating police officers will apply.
It is a pleasure to be back on a Committee with you, Mr Efford, and to see you in the Chair. I shall keep my comments brief because my right hon. Friend the Minister articulated most of the relevant points in his customary clear manner. I do not want to be repetitious.
Clause 21 is positive. It reinforces the non-siloed approach that we need to take to building safety. The Building Safety Regulator has the ability to work with different agencies and ensure it can meet its goals. The ability to gain entry to buildings and ensure compliance is important. We discussed the issue last week and it was clear that safety has to be at the heart of this. We must ensure that the mechanism safeguards residents.
We also discussed last week the need to ensure that the regulator is not beholden to anyone—that it is independent. I was heartened by the comments made last week by my right hon. Friend the Minister about the regulator always being the independent voice, especially in its engagement with third parties to deliver the objectives in clause 21.
Clause 22 deals with the criminal offence element. As I said in my earlier intervention, it reinforces the role of the Building Safety Regulator. It says to the industry and to stakeholders, “You have to take this seriously. You cannot stop the regulator doing what it needs to do to keep people safe.”
The introduction of a level 3 fine seems proportionate, but I implore the Minister to use a degree of flexibility. As circumstances change, things might need to become a bit more severe. I hope not. I hope that the Bill will lead to a sea change in the environment we have seen hitherto. The fact that we have put obstruction of the regulator on a statutory footing will reinforce that.
I fully support the clauses and wish them well.
We support the clause and the schedule. They are pragmatic, common sense and based on learned experience—the experience of those who were ringing alarm bells for a considerable number of months with regards to Grenfell and other tragedies before that. The evidence is crystal clear: people being passed from pillar to post and information being lost and in some cases hidden from key stakeholders. Strengthening the provisions and the regulatory regime is most welcome. In 2018, I noted, Kensington and Chelsea was again found wanting by the Information Commissioner—on withholding information about building safety in Grenfell. The Minister was right, as were others in all parts of the Committee, about building trust in the new regulatory regime. That is vital.
I feel that my contribution might be slightly repetitive, given the broad agreement on the clause in Committee.
The hon. Member for Weaver Vale was right that the clause is pragmatic. He was spot on when he said it is about rebuilding trust in the processes. Like my hon. Friend the Member for Stroud, I trained as a lawyer and I know the frustration when bodies do not share information with one another. We have to remember—the hon. Member for St Albans picked up on this in her interventions—we are dealing with people who do not understand the systems, but will have to access them. After looking at the array of information, should someone send their concern or query to the wrong body—unaware that they had done so—we have to ensure that it is still actioned. We are dealing with situations and problems that impact on people’s lives: this is about the safety of individuals in their homes. Where that happens, we have to ensure that seamless sharing of information and co-operation between the agencies—the clause does that.
It is also right for those organisations to co-operate with one another. As we touched on last week in our deliberations, we cannot have a siloed approach. Organisations have to communicate and work together. We have to build a structure within the legislative framework that not just enables that, but to a degree ensures it happens and almost makes it the default that they have to share information, because that is the system in which they find themselves—so there is no way they can avoid doing so.
That being said, the proof of how this will work is in how it is delivered operationally. What will be vital for the regulator to do and for my right hon. Friend the Minister to work on is to ensure that the operational delivery works, that the systems are there to allow that to happen and that the communications are there, that agencies are talking to one another and we have computer systems that do not just fall down at the first moment, but can operate. Once the system becomes operational, I will be looking at how it functions.
I am heartened to see an emphasis on data privacy. We have to get the balance right. Ultimately, we are dealing with personal data. We still need to ensure the right of individuals to have their personal data safeguarded, and their right to remain anonymous, where necessary, is also important. We must ensure that data is dealt with appropriately.
It is right to handle the situation by putting a duty on the different stakeholders. The way we have had to deal with these horrendous issues has been through a multifaceted, multi-stakeholder approach, so we are going to have to build networks. As is often the case, when the networks are built, there is then pressure to ensure that operational delivery works.
I support the clause and am heartened to see what is in schedule 3. We have to ensure that the clause can deliver, and it will be for my right hon. Friend the Minister, his ministerial colleagues and the civil servants to ensure that can happen. If the clause delivers and we ensure that it works, we will have a seamless system that people trust, and people will know that if they have concerns, they will be addressed.
I thank the Minister. The amendments are a tidying-up and technical exercise that we quite naturally support. I heard what the Minister said about fees and charges, and obviously there have been a number of questions about those fees and charges potentially being passed on to leaseholder residents. I know that where there is a regulatory failure, and fees and charges are passed on to the accountable person, those cannot—I am seeking clarity on this one—be passed on to leaseholders. Is that the same for service charges as well?
This might seem quite a technical clause and set of amendments, but it is an important one. I speak as the Member for the 14th most deprived borough in the country. I am conscious that we have to strike a balance, and I was quite reassured by what my right hon. Friend the Minister said.
Starting from the beginning, it is not uncommon for bodies to charge fees in respect of their activities, where necessary, and in particular bodies that exercise a function such as the regulator. In a way, clause 27 and the accompanying amendments are not uncommon in the nature of what we are discussing. The broader point, which has been made by Members on both sides of the Committee, is that we have to ensure proportionality. That was the key point made by the hon. Member for Weaver Vale.
We need to find a way to ensure that the regulator itself is financially stable and can carry out its work properly; it has to be able to undertake tasks that will be so important in keeping residents safe, and in ensuring that the industry knows it is being regulated and watched. A lot of the detail will be set out in secondary legislation, and it will be incumbent on all of us across the Committee to grasp the detail of that to ensure that it is done in the right way. I think of the leaseholders in my constituency who would not be able to afford ridiculous levels of service charge; it would not strike them as proportionate. However, there is clearly a balance to strike.
I listened to the intervention from the hon. Member for St Helens South and Whiston. She is a distinguished former council leader, and at some point she will have had to make decisions about what to charge for council services. It is difficult, when leading a public body, to decide how to balance those charges with the needs of the public. I do not envy anyone in that situation. Ultimately, we all agree that we want to deliver a public service in the way that has the least impact on the livelihoods of the people trying to use it. They are taxpayers too; they want to feel that they receive that public service when they pay their taxes.
Clearly, as my right hon. Friend the Minister has articulated, the key principle is ensuring that the regulator can carry on. What I am trying to express to my right hon. Friend—something that he has articulated in his contributions—is the need to be open-minded in terms of how that operates. We all accept that there has to be a fee-charging regime, but we have to ensure that it is proportionate and accepts the fact that the people at the right end of that are leaseholders and residents, and those are the people we are here to protect and serve. We need to make sure there is the right balance. I get the impression from the contributions made from across the Committee that there is acceptance that this has to be done. It is probably broadly agreed that the methods proposed in the clause are the way we need to do this but, as with much of our deliberation of the Bill thus far, the detail will come afterwards in the secondary legislation.
I thank my colleague for her intervention. I am fairly confident that the Minister will oblige by furnishing her with an answer, if not now then soon.
I am sure that many on the Committee are wondering what on Earth I could have to say about the service of documents. I would, of course, have given way to the hon. Member for Brentford and Isleworth. I was hoping to rise to put an important question to the Minister, but I am glad that the hon. Member for Weaver Vale was able to help the hon. Lady.
I know this is an incredibly technical clause, but I speak from some painful experiences around service of documents in my previous life. While it might seem straightforward and we look at the clause and think, “OK, fair enough. It is very prescribed and descriptive”, I must say that having explained how service of documents works to numerous people, that is not the case.
My right hon. Friend the Minister articulated incredibly well how it will function. On the face of it, it is straightforward. We look at subsection (2) on how documents may be given and think, “OK, that seems pretty straightforward to me”. I implore him—I hope I am not going astray, Mr Efford, but I am sure you will tell me if I am—that we must ensure this is communicated to the people who will be utilising it. These are people who may not have a lot of experience of how documents are served. They are not doing this all day, every day. From my past life, I know the pain of having people who do not have the experience and are trying to do this themselves, and it causes issue after issue.
One thing that may come out of this, which touches on some of my previous comments, is around the idea of data share and co-operation. Without sounding flippant, the documentation we served and the information that would be exchanged using the process will be an important part of a vital regulatory process. It is vital that we ensure that is communicated as clearly as possible and the individuals who use the processes laid out in clause 28 understand how that operates. I do not want to see circumstances where legitimate problems and concerns are delayed because of a misunderstanding or issue with the process.
I reiterate my concern that if we do not ensure the provisions of clause 28 are translated down in a usable way to individuals, we run the risk of processes we have built up to now and have deliberated in previous clauses not being as effective as we would like.
I am glad that the clause understands that times have moved on. Gone are the days when things were couriered round. Email has been revolutionary. I remember from my professional life having to run round to another firm’s office to serve stuff. I was the junior so I made tea and served documents.
I am happy to see an understanding that the provision can be amended under subsequent regulations too. We have to be conscious that time and technology moves on, and we must ensure the process can continue and still function as things progress. While this may seem to be a very technical clause—I hope I have answered the question as to why on Earth I am speaking on this particular point—it underpins the importance of this process. Ensuring that the service of documents is done in a clear way and that those who utilise the process, from the large corporations down to the individual, understand how it functions properly will be key to ensuring that everything we have done up until now functions appropriately. I am heartened by the Minister’s contribution and he was very clear. I am glad to see that, as with most clauses in the Bill, there is a degree of flexibility in clause 28, and it is a vital part of this important Bill.
(3 years, 3 months ago)
Public Bill CommitteesIt is a pleasure to serve under your chairmanship, Mr Efford.
As the Minister rightly said in his introduction, clause 21 ensures that appropriately trained individuals secure the involvement of local authorities, key stakeholders and fire and rescue teams in working with the Health and Safety Executive and the regulator.
The current definition of at-risk buildings is those of 18 metres and above. I have said throughout proceedings on the Bill that the scope of “at risk” should be broadened, and we will debate that under later clauses.
We welcome the recommendations, which draw on the findings of the independent review conducted by Dame Judith Hackitt.
How will the regulator ensure that individuals are appropriately trained and qualified under the framework? An example arose yesterday on social media of a resident living in a block in Bournemouth. The block was signed off by a previous employee of the council but it has been riddled with fire safety issues that we in this room and beyond are all familiar with. The individual has now set up as a private contractor, free to assess so-called fire safety issues in other at-risk buildings.
Clause 22 is straightforward, and we agree with it. Although it is beyond the Minister’s remit, a £1,000 fine for impersonation seems little deterrent, given the amount of money involved in building construction. As the Minister said, current levels of fines under the justice system for impersonating police officers will apply.
It is a pleasure to be back on a Committee with you, Mr Efford, and to see you in the Chair. I shall keep my comments brief because my right hon. Friend the Minister articulated most of the relevant points in his customary clear manner. I do not want to be repetitious.
Clause 21 is positive. It reinforces the non-siloed approach that we need to take to building safety. The Building Safety Regulator has the ability to work with different agencies and ensure it can meet its goals. The ability to gain entry to buildings and ensure compliance is important. We discussed the issue last week and it was clear that safety has to be at the heart of this. We must ensure that the mechanism safeguards residents.
We also discussed last week the need to ensure that the regulator is not beholden to anyone—that it is independent. I was heartened by the comments made last week by my right hon. Friend the Minister about the regulator always being the independent voice, especially in its engagement with third parties to deliver the objectives in clause 21.
Clause 22 deals with the criminal offence element. As I said in my earlier intervention, it reinforces the role of the Building Safety Regulator. It says to the industry and to stakeholders, “You have to take this seriously. You cannot stop the regulator doing what it needs to do to keep people safe.”
The introduction of a level 3 fine seems proportionate, but I implore the Minister to use a degree of flexibility. As circumstances change, things might need to become a bit more severe. I hope not. I hope that the Bill will lead to a sea change in the environment we have seen hitherto. The fact that we have put obstruction of the regulator on a statutory footing will reinforce that.
I fully support the clauses and wish them well.
We support the clause and the schedule. They are pragmatic, common sense and based on learned experience—the experience of those who were ringing alarm bells for a considerable number of months with regards to Grenfell and other tragedies before that. The evidence is crystal clear: people being passed from pillar to post and information being lost and in some cases hidden from key stakeholders. Strengthening the provisions and the regulatory regime is most welcome. In 2018, I noted, Kensington and Chelsea was again found wanting by the Information Commissioner—on withholding information about building safety in Grenfell. The Minister was right, as were others in all parts of the Committee, about building trust in the new regulatory regime. That is vital.
I feel that my contribution might be slightly repetitive, given the broad agreement on the clause in Committee.
The hon. Member for Weaver Vale was right that the clause is pragmatic. He was spot on when he said it is about rebuilding trust in the processes. Like my hon. Friend the Member for Stroud, I trained as a lawyer and I know the frustration when bodies do not share information with one another. We have to remember—the hon. Member for St Albans picked up on this in her interventions—we are dealing with people who do not understand the systems, but will have to access them. After looking at the array of information, should someone send their concern or query to the wrong body—unaware that they had done so—we have to ensure that it is still actioned. We are dealing with situations and problems that impact on people’s lives: this is about the safety of individuals in their homes. Where that happens, we have to ensure that seamless sharing of information and co-operation between the agencies—the clause does that.
It is also right for those organisations to co-operate with one another. As we touched on last week in our deliberations, we cannot have a siloed approach. Organisations have to communicate and work together. We have to build a structure within the legislative framework that not just enables that, but to a degree ensures it happens and almost makes it the default that they have to share information, because that is the system in which they find themselves—so there is no way they can avoid doing so.
That being said, the proof of how this will work is in how it is delivered operationally. What will be vital for the regulator to do and for my right hon. Friend the Minister to work on is to ensure that the operational delivery works, that the systems are there to allow that to happen and that the communications are there, that agencies are talking to one another and we have computer systems that do not just fall down at the first moment, but can operate. Once the system becomes operational, I will be looking at how it functions.
I am heartened to see an emphasis on data privacy. We have to get the balance right. Ultimately, we are dealing with personal data. We still need to ensure the right of individuals to have their personal data safeguarded, and their right to remain anonymous, where necessary, is also important. We must ensure that data is dealt with appropriately.
It is right to handle the situation by putting a duty on the different stakeholders. The way we have had to deal with these horrendous issues has been through a multifaceted, multi-stakeholder approach, so we are going to have to build networks. As is often the case, when the networks are built, there is then pressure to ensure that operational delivery works.
I support the clause and am heartened to see what is in schedule 3. We have to ensure that the clause can deliver, and it will be for my right hon. Friend the Minister, his ministerial colleagues and the civil servants to ensure that can happen. If the clause delivers and we ensure that it works, we will have a seamless system that people trust, and people will know that if they have concerns, they will be addressed.
I thank the Minister. The amendments are a tidying-up and technical exercise that we quite naturally support. I heard what the Minister said about fees and charges, and obviously there have been a number of questions about those fees and charges potentially being passed on to leaseholder residents. I know that where there is a regulatory failure, and fees and charges are passed on to the accountable person, those cannot—I am seeking clarity on this one—be passed on to leaseholders. Is that the same for service charges as well?
This might seem quite a technical clause and set of amendments, but it is an important one. I speak as the Member for the 14th most deprived borough in the country. I am conscious that we have to strike a balance, and I was quite reassured by what my right hon. Friend the Minister said.
Starting from the beginning, it is not uncommon for bodies to charge fees in respect of their activities, where necessary, and in particular bodies that exercise a function such as the regulator. In a way, clause 27 and the accompanying amendments are not uncommon in the nature of what we are discussing. The broader point, which has been made by Members on both sides of the Committee, is that we have to ensure proportionality. That was the key point made by the hon. Member for Weaver Vale.
We need to find a way to ensure that the regulator itself is financially stable and can carry out its work properly; it has to be able to undertake tasks that will be so important in keeping residents safe, and in ensuring that the industry knows it is being regulated and watched. A lot of the detail will be set out in secondary legislation, and it will be incumbent on all of us across the Committee to grasp the detail of that to ensure that it is done in the right way. I think of the leaseholders in my constituency who would not be able to afford ridiculous levels of service charge; it would not strike them as proportionate. However, there is clearly a balance to strike.
I listened to the intervention from the hon. Member for St Helens South and Whiston. She is a distinguished former council leader, and at some point she will have had to make decisions about what to charge for council services. It is difficult, when leading a public body, to decide how to balance those charges with the needs of the public. I do not envy anyone in that situation. Ultimately, we all agree that we want to deliver a public service in the way that has the least impact on the livelihoods of the people trying to use it. They are taxpayers too; they want to feel that they receive that public service when they pay their taxes.
Clearly, as my right hon. Friend the Minister has articulated, the key principle is ensuring that the regulator can carry on. What I am trying to express to my right hon. Friend—something that he has articulated in his contributions—is the need to be open-minded in terms of how that operates. We all accept that there has to be a fee-charging regime, but we have to ensure that it is proportionate and accepts the fact that the people at the right end of that are leaseholders and residents, and those are the people we are here to protect and serve. We need to make sure there is the right balance. I get the impression from the contributions made from across the Committee that there is acceptance that this has to be done. It is probably broadly agreed that the methods proposed in the clause are the way we need to do this but, as with much of our deliberation of the Bill thus far, the detail will come afterwards in the secondary legislation.
I thank my colleague for her intervention. I am fairly confident that the Minister will oblige by furnishing her with an answer, if not now then soon.
I am sure that many on the Committee are wondering what on Earth I could have to say about the service of documents. I would, of course, have given way to the hon. Member for Brentford and Isleworth. I was hoping to rise to put an important question to the Minister, but I am glad that the hon. Member for Weaver Vale was able to help the hon. Lady.
I know this is an incredibly technical clause, but I speak from some painful experiences around service of documents in my previous life. While it might seem straightforward and we look at the clause and think, “OK, fair enough. It is very prescribed and descriptive”, I must say that having explained how service of documents works to numerous people, that is not the case.
My right hon. Friend the Minister articulated incredibly well how it will function. On the face of it, it is straightforward. We look at subsection (2) on how documents may be given and think, “OK, that seems pretty straightforward to me”. I implore him—I hope I am not going astray, Mr Efford, but I am sure you will tell me if I am—that we must ensure this is communicated to the people who will be utilising it. These are people who may not have a lot of experience of how documents are served. They are not doing this all day, every day. From my past life, I know the pain of having people who do not have the experience and are trying to do this themselves, and it causes issue after issue.
One thing that may come out of this, which touches on some of my previous comments, is around the idea of data share and co-operation. Without sounding flippant, the documentation we served and the information that would be exchanged using the process will be an important part of a vital regulatory process. It is vital that we ensure that is communicated as clearly as possible and the individuals who use the processes laid out in clause 28 understand how that operates. I do not want to see circumstances where legitimate problems and concerns are delayed because of a misunderstanding or issue with the process.
I reiterate my concern that if we do not ensure the provisions of clause 28 are translated down in a usable way to individuals, we run the risk of processes we have built up to now and have deliberated in previous clauses not being as effective as we would like.
I am glad that the clause understands that times have moved on. Gone are the days when things were couriered round. Email has been revolutionary. I remember from my professional life having to run round to another firm’s office to serve stuff. I was the junior so I made tea and served documents.
I am happy to see an understanding that the provision can be amended under subsequent regulations too. We have to be conscious that time and technology moves on, and we must ensure the process can continue and still function as things progress. While this may seem to be a very technical clause—I hope I have answered the question as to why on Earth I am speaking on this particular point—it underpins the importance of this process. Ensuring that the service of documents is done in a clear way and that those who utilise the process, from the large corporations down to the individual, understand how it functions properly will be key to ensuring that everything we have done up until now functions appropriately. I am heartened by the Minister’s contribution and he was very clear. I am glad to see that, as with most clauses in the Bill, there is a degree of flexibility in clause 28, and it is a vital part of this important Bill.
(3 years, 3 months ago)
Public Bill CommitteesIt is a pleasure to serve under your chairmanship, Mr Davies. For many of us in this room our homes have been a place of sanctuary and safety, but for far too many that has not been the case. We have remained in our homes to protect the NHS and save lives, but too many have been housed in cramped, damp, poorly designed and shoddily constructed homes. Their immediate environment has been polluted by the air they breathe, and they have lacked space, whether communal or recreational. We have an opportunity to apply the lessons of the pandemic, which we are all familiar with, particularly our constituents, to create safe and healthy homes and communities.
By broadening the definition of safety in this part of the Bill, the amendment provides an opportunity to speak about risks beyond high-rise buildings and fire, and would address housing health and safety issues the Bill’s title claims to address. The Town and Country Planning Association’s written evidence points out that health risks and harms such as air pollution, overheating and noise pollution, as well as more indirect issues, such as poor accessibility or walkability, insecurity, lack of access to green space and cramped living conditions, are not covered by the Bill but undermine people’s wellbeing and health and ultimately their safety. I therefore hope that the Minister will consider the amendment.
It is a pleasure to serve under your chairmanship, Mr Davies. Again, I find myself being slightly repetitive. I do not disagree with the sentiments of the hon. Member for Weaver Vale. On this point, he and I will probably find a lot of common ground. However, the amendment strays slightly into the planning space—I almost get the impression that the hon. Gentleman is perhaps trying to tease the Minister to give us a sneak peak of what might be in the planning Bill in the Queen’s Speech. Our local planning authorities should consider these matters when they determine planning, and I know from the local councils I deal with that they do. They do have conversations when they look at the design of a particular development. They consider what impact it will have, whether there will be space to live, and whether people will feel they can live there meaningfully.
I thank the hon. Lady for her intervention, and I see her point, but I maintain the point that I made: we are slightly straying here. I see what she says, because if a building is fundamentally unsafe, of course the new Building Safety Regulator would need to intervene. I question whether we need the amendment to say that, though. I am concerned that perhaps these conversations are happening before time. Broadly speaking, although I agree with the sentiments behind the amendment, I just think that operationally—
We are all in agreement—including, very importantly, many of the witnesses who gave evidence—that the regulator sits correctly in the Health and Safety Executive. Health and safety are paramount under the Health and Safety at Work etc. Act 1974. When I think about how buildings are constructed, including some buildings that we are all very familiar with—thousands of buildings up and down the country—I see that the impact on our constituents, residents and leaseholders’ mental health is tremendous. That is because of the built environment. The interplay between health, homes and communities is crystal clear.
I do not disagree with the hon. Gentleman. One point that I would make, now that I have been able to gather my notes, is that clause 5 kind of addresses the issue. It says:
“The regulator must keep under review—
(a) the safety of people in or about buildings in relation to risks as regards buildings, and
(b) the standard of buildings.”
To pick up on the point that the hon. Member for Brentford and Isleworth made, the Bill already does that.
On the points that the hon. Member for Weaver Vale articulated very well on wellbeing and the need for homes that are placed so that people can live and thrive, from my experience those conversations are had at the planning stage and the determination stage. On the safety element, again I do not disagree with the hon. Member for Brentford and Isleworth. She is right that the regulator needs to look at that. From my reading of the Bill, clause 5 address that. Although the sentiments behind the amendment are absolutely right, clause 5 half deals with that, and we have a planning process that deals with the other half. From that perspective, we are already doing this within the structures in which we are already operating. Again, I agree with the sentiments, but operationally there are ways in which we are already doing it.
Clause 5 gives building safety regulators the flexibility to monitor the safety of buildings and the standard of builders, thereby allowing the building advisory committee, which the Minister referred to, and essentially the regulator to respond quickly to emerging systematic failures in the industry, which certainly has not been the case in the past, with external wall systems and cladding systems for example, rather than there just being a drip-drip of evidence. We therefore welcome the clause and it will certainly add transparency to the system.
I have one question for the Minister. Beyond the consultation with residents that he mentioned and a recommendation to the Secretary of State, what engagement will there be with parliamentarians?
I, too, welcome the clause. I think it is representative of the broad intention in the Bill for there to be collaboration, because collaboration will be a really important part of this story as we move forward. I know how it complements the building advisory committee, which we will talk about more broadly later.
It is really positive that there will be this ongoing review. That is absolutely what is needed and it is right that it will be done in a way that brings together all of the stakeholders who are qualified to review the safety of buildings and review these regulations, and ensure—this is a point I touched on in an earlier contribution—that with the pace of change as we move forward, we ensure that the homes we build in the future are indeed safe and indeed places that people can live in without fear.
We heard in the evidence sessions—it was a point made by all the witnesses we spoke to—about the importance of collaboration, conversation and talking. To echo some of the comments by the hon. Member for Weaver Vale, it will be important to ensure that within the building advisory committee there is breadth of expertise. That is the one point that I will press on my right hon. Friend the Minister. As this process continues, we need to ensure that there is a true breadth of expertise, from fire specialists, surveyors, members of local authorities and, to some degree, parliamentarians too, as well as from residents, to ensure that we bring in the full range of the landscape and ensure that the Bill is as comprehensive as it can be, because there is a real opportunity here to do something that I do not think we do very often, which is to review these landscapes regularly and ensure that they meet the needs of the people who know this situation through their lived experience.
This is a really positive clause that will provide real opportunities, so I wholeheartedly support it. However, as with many measures in the Bill, we must ensure that when it comes to the operation of this measure, it works.
Throughout our evidence sessions, we heard a consistent call to improve the culture referred to by hon. Members today in inspections of the built environment. From the Fire Brigades Union to the Local Government Association and the evidence emerging from the Grenfell inquiry, it is clear that a step change is needed in that culture, so clause 6 is welcome.
Concerns have been highlighted, however, about the choice-based competitive environment for inspectors of buildings below the threshold of 18 metres. The LGA recently spoke to me about that, as did Matt Wrack from the FBU. We could still have a situation, which has led to a number of safety concerns and shoddily built buildings, where a developer appoints someone as a building inspector for what is not, seemingly, an at-risk building according to the current definition, who inappropriately gives sign-off to something that should never have been signed off. I seek the Minister’s assurance that that will be reviewed and tackled.
I welcome the aims of the clause, in combination with other clauses. It is right that the regulator is able to review competences. As we heard in the evidence sessions, the one thing we are trying to fight here is the race to the bottom in standards and in how people behave in the industry more broadly.
On the point that the hon. Member for Weaver Vale made, we heard interesting evidence about building inspectors and what they are doing. I found that interesting because my training and background is as a lawyer, and we were always taught that, irrespective of the client that instructed us, we still had an ultimate responsibility for the administration of justice. It was slightly concerning to hear that evidence, because it felt at times that there was not that overarching responsibility. I am hopeful that we can perhaps re-embed that through clause 6.
Irrespective of the debate that we might have about building inspectors and how they operate, and whether the local authority model or the private model works, there is a broader discussion here about where the fiduciary duty will go. Hopefully, clause 6, in establishing that review—that committee—and allowing the BSR to do that can start those discussions again and really look the industry in the eye and say, “What are you doing?” As I say, the evidence we heard was, at times, quite shocking. I am hopeful that clause 6, combined with other clauses, will enable us to have that broad-brush conversation and to review the industry, in order to ensure we have something that works for the safety of residents living in these developments and a gloves-off discussion about how that operates. I welcome this clause, Mr Davies, and it has my full support.
This system is a welcome and essential step, and was recommended, as the Minister said, by the independent review. My only question is, how will it be closely monitored? To take one example—it is not from this country—residents in Florida spoke about the concrete system and evidence of cracks and creaking. The proposed system would pick that up, so that is a welcome step forward, but we must closely monitor it going forward.
I will keep my comments brief. Like other hon. Members, I support the clause. The key thing for me is that the Building Safety Regulator will sit within the HSE, which already has structures and competences to deal with these issues, particularly in terms of whistleblowing and sharing information. I completely agree with the sentiment that information must be accessible so people can make informed decisions off the back of it, and that it is used in the right way to mitigate and head off any issues that may present.
The underlying structures developed through the Bill enable the clause to be operationally sound. We have the competence and experience to enable the systems to be put in place. We need to see what those systems will look like. I hope that they will be robust and can be used as envisaged by my right hon. Friend the Minister. The sharing of information and the ability to access it are at the core of these issues, and will be vital to ensuring that the delivery of the clause’s aspirations is sound.
(3 years, 3 months ago)
Public Bill CommitteesI concur with that powerful point. Indeed, the Local Government Association made the same representations. Of course, local authorities have been somewhat hammered over the past decade in terms of resources and austerity. The hon. Lady makes a good point.
In conclusion, Labour welcomes the regulator overall, but we would of course go further and establish a building works agency to deal with the crisis here and now, building by building, with the principle of find, fund, fix and recover, and that the polluter pays. That is the immediate way forward.
It is a pleasure to serve under your chairmanship, Mr Dowd, to participate in this Committee and to follow the hon. Member for Weaver Vale. His contribution was fascinating, and I want to pick up on one of his points about clause 2. I hear what he is saying about not necessarily dealing with the present, but clause 2 is also focused on the future. I am sure he will agree that we have to ensure that we do not see a repeat of what we have seen thus far. We have to ensure, as we heard in the evidence sessions, that the housing market and the industry is fit for the future and keeps people safe, and that we do not allow this race to the bottom to continue or put vulnerable people at the risk of individuals who seem to think it acceptable to create unsafe places to live. Clause 2 is part of the patchwork to do that.
My right hon. Friend the Minister talked about the importance of the Building Safety Regulator sitting within the Health and Safety Executive. I absolutely agree with him. He particularly mentioned the importance of collaboration. HSE has 45 years of experience in dealing with health and safety, and will now be focused on building safety too. That is the right approach. As the Building Safety Regulator is developed, we have to ensure that the right expertise is there, because it will have such a crucial role in the future of the housing market, probably for the next generation.
In the light of your comments, Mr Dowd, I shall try to keep mine short and sweet.
I do not disagree with a lot of what the hon. Member for Weaver Vale said. My concern, as a constituency Member who had real flooding issues last year, is that planning is a real patchwork. That is one thing that we perhaps need to go further on. The hon. Gentleman talked about house building, and he will know as well as me that water companies, for example, are not statutory consultees on planning issues. I would like that to change, because it is ridiculous that water companies are just asked to join an estate up to the network, having played no part whatsoever in planning. That is an example of something that needs to change.
On flooding specifically, we go down a plethora of different avenues. Flood Re is meant to cover buildings at risk, and some house building standards are being amended right now. I do not disagree with the hon. Gentleman about the climate change issue; we know that temperatures are going up and that we all have a responsibility to tackle that. The environment that we are dealing with at the moment is complex and will require us to bring many strings together. Although I do not disagree with his intentions, my concern is about the mechanism for ensuring that that happens. I do not think that relying on the BSR should be our only avenue; we need a mechanism to ensure that this happens.
I have seen the impacts of flooding on my constituents, particularly in deprived urban areas, which are quite often overlooked. For the best part of 18 months, I have been making the case that there needs to be more of a realisation that it is not just nice shire areas that get flooding, but inner-city areas, too.
In my own constituency, the Northwich area has been subject to flooding for the last two years. Undoubtedly, that is partially an impact of the climate emergency. In future, a high-rise buildings regulator could, through a planning gateway process, future-proof that and other environments.
Last week, I had the displeasure of visiting the Strand in Liverpool, near the waterfront. Work there was signed off by building control under a permitted development, and some secondary legislation has already been passed for that. The regulation for such buildings is minimal, to say the least. It is so important that this provision is added to the remit to future-proof and to respond to the climate emergency, including with the practical examples that the hon. Gentleman gave. Beyond this debate, I would like to sit with Ministers and have a conversation about the wording around this, because it is very important.
(3 years, 3 months ago)
Public Bill CommitteesQ
Eric Leenders: I think our primary interest, like the rationale for drafting the Bill, is to ensure adequate safety and protection for homeowners, so we all buy into that. To the extent that the Building Safety Bill gives voice to homeowners and perhaps particularly to leaseholders, we think it is very important. There are some details of the Bill we are likely to come on to discuss where other experts can support homeowners and leaseholders, particularly regarding safety standards. Our primary interest as lenders, of course, is to ensure that homeowners, particularly those who require mortgage finance, are able to afford the borrowing they take on, and that includes potential remediation costs if they are necessary for particular properties. Work in the Bill and work undertaken by the Ministry of Housing, Communities and Local Government outside the auspices of the Bill are helpful in that regard.
Q
Eric Leenders: Experts are probably better placed to consider the dimensions of the Bill, but I did mention the work that the MHCLG has done, which looks to support those who have been classified as cladding prisoners. I understand that in working through the detail of the support for those in properties of 11 to 18 metres, it was found that there could be some complexities in the security arrangements for any lending and the allocating of responsibility for any lending to a property or an individual or leaseholder and so on. The Bill could provide a platform for some of those technicalities to be worked through so that there is a sound legislative footing.
(4 years, 9 months ago)
Commons ChamberThat is not the intention of this Bill. I am sure that some of this will be explored in Committee stage, if the Bill gets there.
The Bill also intends to break down monopolies with single suppliers, which, at times, is based on a historical nudge and wink. Fair and transparent tendering and increased competition will help to drive down prices for hard-pressed families, while rewarding good retailers and manufacturers.
I just want to take a step back for a minute. What does the hon. Gentleman think about the inclusion of PE kits, DT kits and things such as that? Much of the time, what a school specifies to parents is not just about the blazer, the shirt and the shoes, but about the other things as well. How does he think that that could be dealt with in this Bill, or does he think that we need to go wider still? May I also commend him for bringing this absolutely fantastic initiative before the House today?
I thank the hon. Member for his intervention and indeed for his support. This Bill does cover the broad scope, as did the 2013 guidelines, so yes to his question.