Building Safety Bill

Nigel Evans Excerpts

2nd reading
Wednesday 21st July 2021 Commons Chamber

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

My warmest congratulations, Madam Deputy Speaker. I think everybody welcomes the new and enhanced regulatory regimes for building safety in the Bill, but, as many Members have stated, I am equally concerned about the action that is needed now to make existing homes and products safe and to stop leaseholders from being hit with catastrophic bills from building owners to fix historic failures. I also want to put on record my concerns about a statement being issued in the middle of an opening speech presenting the Bill. I think it is absolutely appalling.

Moving on to Dame Judith Hackitt’s report, she concluded that it was the construction industry’s prevalent culture that was undermining building safety. She referred to procurement regimes that were not fit for purpose. In relation to building safety, she added that

“unhelpful behaviours such as contract terms and payment practices which prioritise speed and low cost solutions, exacerbate this situation.”

She concluded that poor procurement and payment practice

“provide poor value for money”

and produce “poor building safety outcomes.” She recommended that contracts’ payment terms and practices should be recorded as part of a proposed digital building safety file. I could not agree more with her conclusions.

There is a toxic culture in too many parts of the construction industry, where fly-by-night firms benefit by accepting the lowest-price jobs achieved by poor payment practices to their supply chain. This Bill provides a unique opportunity to deal with not just the scandal of unsafe buildings, but the scandal of the manipulation of late-payment practices by large, unscrupulous construction companies. Evidence given to Committees of this House following the Carillion collapse revealed the appalling abuse of tier 1 contractors such as Carillion. In spite of my Bill in 2019—the Public Sector Supply Chains (Project Bank Accounts) Bill—to tackle the misery that so many small construction companies continue to face and to protect them from becoming insolvent, as nearly a thousand did after Carillion’s demise, absolutely nothing has been done.

Almost six years on from the Business Department reviewing the practice of retentions that harms thousands of small businesses by depriving them of much needed cash flow, it has sat on its hands. Based on figures provided by the Department in October 2017, every day, almost £1 million-worth of retentions is lost by firms—mainly small businesses—because of upstream insolvencies. Today, according to insolvency specialists, almost 100,000 firms in the industry are under severe financial stress. Small construction firms are having to grapple with the massive cost pressures of their base and many are facing the issues that I have talked about. If an industry is free of the widespread and egregious treatment—

[Mr Deputy Speaker (Mr Nigel Evans)]

Order.

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[Alison Thewliss (Glasgow Central) (SNP)]

I wish to speak briefly on a few issues that affect my constituents.

First, I heard the intervention earlier from the hon. Member for Cardiff South and Penarth (Stephen Doughty), who asked about the quantum of Barnett consequentials for Wales. The Secretary of State said that the Welsh Government have not devised a scheme for existing consequentials yet. This becomes a bit of a strange paradox, because it would be daft for a Government on a fixed budget to commit to spending more than they have, and they cannot plan for that. If a devolved Administration were to establish a scheme without the certainty that the money was coming, they would then be considered irresponsible. Therefore, it needs to be made clear what those additional consequentials are for the devolved Administrations.

The Scottish Government have proceeded on the basis of the £97 million allocated to the Scottish Parliament and have set up the Scottish Government single building assessment scheme, which prioritises by risk. I pay tribute to Kevin Stewart MSP who, as Minister, spearheaded much of this work. There have been more than 100 expressions of interest in the scheme, but in order to ensure that it reaches as far as it can, the consequentials have to be made absolutely clear so that the problem can be tackled.

Let me take the opportunity to pay tribute to those in my constituency who have championed their fellow residents, including Lisa Murray of the Verde Residents Group and Hector Thomson and Barry Cooper of the Lancefield Quay Residents Association. Hector and Barry told me of the difficulties that they have had in obtaining building insurance for the development of which they are a part. There are hundreds of flats in that development and their insurance was suddenly withdrawn on 23 December 2020, leaving them very worried over the Christmas period about what would happen.

Contrary to what the Secretary of State has said, there is a failure in the market. He mentioned Aviva, but my understanding is that it has a limit of £50 million, whereas for Lancefield Quay it is £75 million. I understand that Aviva also has a bar on commercial property as part of that. Sure enough, there is an Indian restaurant at the bottom of Lancefield Quay, which will be exempted from securing coverage if that is indeed the case.

I urge the Minister to solve that problem. People are being offered insurance that is comprehensive but entirely unaffordable—or just about affordable, but not for everyone; at Lancefield Quay there are some people who cannot afford the insurance payments—so they do not have the comprehensive coverage that they think they need. There are implications if someone proceeds without adequate coverage for their mortgage, I understand, so that their property is not properly insured. The Minister needs to look at those issues and find a solution, because this is not working at present, and the Bill does nothing to address that. I also urge the Minister to look at issues with VAT and building materials, because at the moment, the Government are profiting from the work that is being done and residents are not.

[Mr Deputy Speaker (Mr Nigel Evans)]

The winding-up speeches will begin at 6.40 pm, with the Minister at 6.50 pm.

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[John McDonnell (Hayes and Harlington) (Lab) [V]]

In the final minutes of the debate, perhaps I can provide some time for the words of one of my constituents. The latest email that I have received says this:

“The impact of the Fire Safety Scandal on leaseholders’ mental health is considerably underestimated”

by the Government.

“From the many messages on Twitter and Facebook, there are millions of devastated lives and souls in the country. Many families and young adults had to live through not just the pandemic during the last 18 months, but also the added anxiety of the unfolding and ever growing Fire Safety Scandal.

It is a triple hit for so many leaseholders: the pandemic, then losing jobs or being furloughed on smaller salaries (with the constant threat of losing their jobs if their employer would go bust) and then the ever increasing costs of the Cladding scandal. This government has totally ignored the cries of its citizens for help.

Knowing that there is a ready solution to the issue in Australia—which could easily be adopted in the UK as well…shows that the Government is simply not interested in fixing the problem for innocent leaseholders. The contempt—with which they treat their citizens—is truly shambolic.”

I received that email from one of my constituents this week, and I think that it reflects the views of hundreds of them.

In opening the debate, the Minister mentioned Ballymore. I am dealing with Ballymore; I have dealt with Ballymore since it first submitted a planning application to build apartment blocks in my constituency. I welcomed the news of developments that would provide homes for local residents, but not a single one of the planning gains that Ballymore promised has been delivered. It went bust, and was then bailed out by the Irish Government.

Subsequently—and since this scandal has hit us—Ballymore initially refused to meet and seriously discuss with residents the problems that they were facing. My constituents demonstrated, so Ballymore is now meeting them and having proper discussions, but it threatened them that if they demonstrated again, it would end the talks. Now it has applied for the building safety fund, but will not give any assurances that it will cover the full costs of what my constituents are facing until it knows what resources from the fund are available to it.

This continuous blackmail—and, indeed, emotional blackmail—of my constituents is simply unacceptable. As the email from my constituent made clear, it is having a direct impact on their mental health. We are facing a pandemic of mental health problems because of the covid crisis, but this adds to it. It requires Government intervention which is serious, which takes responsibility, but which then pursues the developers to ensure that they are held accountable as well.

[Mr Deputy Speaker (Mr Nigel Evans)]

Because it is almost Christmas, Jim, we are going to give you a bonus minute. Four minutes! I call Jim Shannon.

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[The Minister for Housing (Christopher Pincher) [V]]

This is the first and I trust the last time that I will have to speak from the virtual Dispatch Box, but I am afraid that self-isolation rules allow me no other option.

I begin by thanking all right hon. and hon. Members across the House for their contributions to this debate. I know that this is a highly emotive subject, and understandably so. I particularly want to pay tribute to my hon. Friends the Members for Blackpool North and Cleveleys (Paul Maynard), for Harrow East (Bob Blackman), for Bolton North East (Mark Logan), for Waveney (Peter Aldous), of course for Kensington (Felicity Buchan), and for Dudley North (Marco Longhi), my right hon. Friend the Member for Basingstoke (Mrs Miller) and the Father of the House, my hon. Friend the Member for Worthing West (Sir Peter Bottomley), for their thoughtful contributions.

Mercifully, as my right hon. Friend the Secretary of State said in his introduction to the debate, the spread of fire in high-rise buildings is rare, and it is becoming more rare, but as he also made clear, it is all too clear what can happen when those responsible for designing, building and managing those buildings fail—tragedies such as Grenfell can happen. That is why it is this Government’s absolute priority to make sure that such a tragedy never happens again. The contributions from across the House firmly reiterate just how important it is to pass this Bill to restore confidence—confidence among residents in their own safety and confidence in the wider housing market. Safety is our paramount concern, and I can assure the hon. Member for Strangford (Jim Shannon) of that.

We see this as a landmark Bill. It represents the greatest improvement to building and fire safety in a generation. It is flagship legislation that will spearhead our wider safety programme to ensure the proportionate management of risk in buildings. It will require building owners to manage safety risks to the same high standards as the best do—it will be a system where there are clear safety responsibilities for those responsible for the design, construction, completion and occupation of high-rise buildings, where they must demonstrate that they have effective and proportionate measures in place to meet those responsibilities, and where they are accountable to the regulator and to their residents.

A number of colleagues across the House have made some very important points and, in the short time that I have, I would like to address a number of them. The first is proportionality, which was discussed by my hon. Friends the Members for Southampton, Itchen (Royston Smith), for Bassetlaw (Brendan Clarke-Smith) and for Orpington (Gareth Bacon), to name three. It is hugely important that we take a proportionate approach to the safety of tall buildings and all buildings. The industry must take note that risk aversion is causing unnecessary financial burdens to homeowners. Remediation works should only ever be undertaken where absolutely necessary. We must not spend taxpayers’ money where it is unnecessary to do so, or ask hard-pressed leaseholders to pay for works that do not need to be done. Our Bill takes a proportionate approach. It rightly focuses on mitigating and managing risk and targeting activity only where action is needed.

The new building safety regulator is being established in the Health and Safety Executive, precisely because of its experience overseeing safety case regimes and its record of delivering robust yet proportionate regulation. The requirements of the Bill will help to ensure that proportionality is embedded in its operations.

Building owners and managers, along with lenders and insurers, need to ensure that they, too, take a proportionate approach to risk in blocks of flats whatever the height. In line with the expert evidence that we have published today, EWS1 forms should not be a requirement on buildings below 18 metres. Lower-rise blocks should not need them, and lenders should not ask for them. The consolidated advice note, which was born out of the need for safety information in the aftermath of the Grenfell fire, will now be retired.

Any concerns that do exist about existing buildings should be addressed primarily through risk management and mitigation. For many thousands of people, the “computer says no” approach to risk and valuation has been hugely unfair and distressing. It must become much more proportionate. That is what our measures are intended to do—to get the market moving again, as my hon. Friend the Member for Beaconsfield (Joy Morrissey) called for. I hope that they will also address some of the concerns raised by my right hon. Friend the Member for Hemel Hempstead (Sir Mike Penning).

I want also to assure the House that the Bill in no way absolves the sector from responsibility for paying its way. Indeed, it will place more and greater duties and responsibilities on developers, construction companies, building owners and managers than ever before, embedding the principles of safe design and construction right from a building’s inception. The new regulator will have the skills and resources to pursue those who refuse to meet their responsibilities. We will strengthen criminal penalties throughout the Bill, making offences imprisonable for up to two years, and making directors and managers criminally liable if they decide that their companies should act unlawfully.

Those who can pay must pay. Through the Bill, we will further cement developers’ contributions to the cost of remediation, as well as increase the ability of building owners and leaseholders to seek redress. Specifically, part 3 of the Bill contains a provision to introduce a levy, which will apply to high-rise residential buildings and will be paid by developers. That complements the residential property developer tax that the Chancellor will bring forward. Together, those will contribute more than £2 billion for remediation.

I also want to respond to concerns raised by Members including my hon. Friend the Member for Bolton North East regarding the right of homeowners to seek redress. The Bill will give millions of homeowners new rights to seek redress for shoddy workmanship, extending the period during which they can claim from six years to 15 years. It will empower building owners, leaseholders and homeowners to take legal action, clamping down on rogue developers and their owners.

I urge all who have fallen victim to shoddy work to use the newly extended liability period to consider whether litigation is right for them and to explore who, or which group of them, can best take action. I trust that the Bill will also encourage developers and freeholders, aware of the new additional rights of their customers, to act responsibly and quickly to deal with concerns before they reach the courts.

As well as redress, the Bill will provide residents with a greater voice. It will strengthen the voice of residents and leaseholders through a statutory residents panel, while a formal complaints process will give residents the confidence to raise issues and escalate them where needed, including to the building safety regulator.

I am conscious that it is nearly 7 o’clock. I am conscious, too, that there will be plenty of opportunity in other debates in the House, in Committee and on Report to debate the Government’s proposals further. So let me conclude by saying that we are leaving no stone unturned in our pursuit of a regime that is both proportionate and comprehensive. We have tested, we have consulted, we have analysed and we have done it all at considerable length, and we have now produced a Bill that I believe we should all support—a Bill that will confront the building safety issues that no Government have dared to tackled before, and a Bill that will force industry to take collective responsibility for the safety defects that they have created and support a change in culture so that residents’ concerns are listened to, problems are identified and dealt with early, and tragedies such as Grenfell never happen again.

I thank everyone who has taken part in the debate and all those who have contributed to the development of the Bill. I commend it to the House.

Question put and agreed to.

Bill accordingly read a Second time.

BUILDING SAFETY BILL (PROGRAMME)

Motion made, and Question put forthwith (Standing Order No. 83A(7)),

That the following provisions shall apply to the Building Safety Bill:

Committal

(1) The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

(2) Proceedings in the Public Bill Committee shall (so far as not previously concluded) be brought to a conclusion on Tuesday 26 October 2021.

(3) The Public Bill Committee shall have leave to sit twice on the first day on which it meets.

Proceedings on Consideration and Third Reading

(4) Proceedings on Consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which proceedings on Consideration are commenced.

(5) Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.

(6) Standing Order No. 83B (Programming committees) shall not apply to proceedings on Consideration and Third Reading.

Other proceedings

(7) Any other proceedings on the Bill may be programmed.—(David T. C. Davies.)

Question agreed to.

BUILDING SAFETY BILL (MONEY)

Queen’s recommendation signified.

Motion made, and Question put forthwith (Standing Order No. 52(1)(a)),

That, for the purposes of any Act resulting from the Building Safety Bill, it is expedient to authorise the payment out of money provided by Parliament of:

(a) any expenditure incurred under or by virtue of the Act by the Secretary of State, and

(b) any increase attributable to the Act in the sums payable under any other Act out of money so provided.—(David T. C. Davies.)

Question agreed to.

BUILDING SAFETY BILL (WAYS AND MEANS)

Motion made, and Question put forthwith (Standing Order No. 52(1)(a)),

That, for the purposes of any Act resulting from the Building Safety Bill, it is expedient to authorise:

(1) the charging of fees, charges and levies under or by virtue of the Act; and

(2) the payment of sums into the Consolidated Fund.—(David T. C. Davies.)

Question agreed to.

[Mr Deputy Speaker (Mr Nigel Evans)]

I will now suspend the House, and suspension will be followed by a statement by Victoria Atkins on the strategy for tackling violence against women and girls.

Building Safety Bill

Nigel Evans Excerpts

Report stage
Wednesday 19th January 2022 Commons Chamber

[Christopher Pincher]

I beg to move, That the clause be read a Second time.

[Mr Deputy Speaker (Mr Nigel Evans)]

With this it will be convenient to discuss the following:

New clause 1—Review of payment practices and building safety—

“(1) The Secretary of State must, within 60 days of the day on which this Act is passed, establish a review of the effects of construction industry payment practices on building safety in general and on safety in high-risk buildings in particular.

(2) The review must, in particular, consider—

(a) the extent to the structure of the construction market incentivises procurement with building safety in mind,

(b) the extent to which contract terms and payment practices (for example, retentions) can drive poor behaviours, including the prioritisation of speed and low cost solutions and affect building safety by placing financial strain on supply chain,

(c) the effects on building safety of other matters raised in Chapter 9 (procurement and supply) of Building a Safer Future, the final report of the Independent Review of Building Regulations and Fire Safety, published in May 2018 (Cm 9607),

(d) the adequacy for the purposes of promoting building safety of the existing legislative, regulatory and policy regime governing payment practices in construction, including the provisions of Part II of the Housing Grants, Construction and Regeneration Act 1996, and

(e) recommendations for legislative, regulatory or policy change.

(3) The Secretary of State must lay a report of the findings of the review before Parliament no later than one year after this Act comes into force.”

This new clause would put an obligation on the Secretary of State to review the effects of construction industry payment on practices on building safety and to report the findings to Parliament.

New clause 2—Building regulations: property protection—

“(1) The Building Act 1984 is amended as follows.

(2) In section 1 (Power to make building regulations), after subsection (1)(f), insert—

‘(g) furthering the protection of property’.

(3) In Schedule 1 (Building Regulations), in paragraph 8(5A)—

(a) after ‘1(1)(a)’ insert ‘(d), (e) and (g)’;

(b) after ‘flooding’ insert ‘and fire’.”

This new clause would add “furthering the protection of property” to the list of purposes for which building regulations may be made under the Buildings Act 1984, and extends the purposes for which persons carrying out works on a building may be required to do things to improve building resilience.

New clause 15—Duty of social landlords to undertake electrical safety inspections—

“(1) A social landlord of a residential dwelling in a high-rise building must—

(a) hold a valid Electrical Installation Condition Report (EICR) for that dwelling;

(b) provide to the tenant of the dwelling, including any new such tenant—

(i) a copy of that EICR, and

(ii) a document explaining the provisions of this Act;

(c) handle any valid complaint about the safety of the electrical installations of the dwelling in accordance with subsection (5).

(2) A person who fails to comply with a duty under subsection (1) commits an offence.

(3) A person guilty of an offence under this section is liable on summary conviction to a fine.

(4) A complaint is valid if—

(a) it relates to the safety of the electrical installations of the dwelling;

(b) it is made in writing by, or on behalf of, the tenant of the dwelling; and

(c) it is not frivolous or vexatious.

(5) The landlord must investigate any valid complaint within 28 days of receiving that complaint.

(6) If such an investigation shows that the electrical installations are unsafe, the landlord must rectify the situation using a qualified and competent person within 28 days of the completion of the investigation.

(7) If the landlord believes that a complaint is not valid they must write to the tenant within 28 days of receiving that complaint explaining why they do not think it is valid.

(8) In this section—

a ‘valid Electrical Installation Condition Report’—

(a) is dated within the last five years;

(b) covers the whole fixed electrical installation of the dwelling;

(c) has a satisfactory outcome;

(d) was completed by a qualified and competent person; and

(e) is based on the model forms in BS 7671 or equivalent;

‘social landlord’ has the same meaning as in section 219 of the Housing Act 1996.”

This new clause requires social landlords to ensure the safety of electrical installations in high rise buildings and is intended to reduce risk of spread of fires between flats.

New clause 16—Duty of leaseholders to undertake electrical safety inspections—

“(1) A leaseholder of a residential dwelling in a high-rise building must—

(a) hold a valid Electrical Installation Condition Report (EICR) for that dwelling; and

(b) provide a copy of that EICR to a person specified by the Secretary of State.

(2) A person who fails to comply with subsection (1) shall—

(a) initially receive a written request from the specified person to provide the EICR; and

(b) if he or she fails to comply with such a written request, be liable to a civil penalty.

(3) The Secretary of State shall, by regulations, nominate who the specified person shall be.

(4) In this section a ‘valid Electrical Installation Condition Report’—

(a) is dated within the last five years;

(b) covers the whole fixed electrical installation of the dwelling;

(c) has a satisfactory outcome;

(d) was completed by a qualified and competent person; and

(e) is based on the model forms in BS 7671 or equivalent.”

This new clause requires leaseholders to ensure the safety of electrical installations in high rise buildings and is intended to reduce risk of spread of fires between flats.

New clause 17—Staircase standards—

“The Secretary of State must, within 6 months of the day on which this Act is passed, consult on regulations requiring staircases in all new build properties to comply with British Standard 5395-1.”

New clause 18—Property flood resilience—

“(1) The Secretary of State must, before the end of the period of six months beginning on the day this Act is passed, use the power under section 1 of the Building Act 1984 to make building regulations for the purpose in subsection (2).

(2) That purpose is to set minimum standards for the safety of new build public and private properties in England for—

(a) property flood resilience,

(b) flood mitigation, and

(c) waste management in connection with flooding.

(3) The Secretary of State must by regulations establish—

(a) a certification scheme for safety improvements to domestic and commercial properties in England made in full or in part for flood prevention or flood mitigation purposes, and

(b) an accreditation scheme for installers of such improvements.

(4) The scheme under subsection (3)(a) must—

(a) set minimum standards for the improvements, including that they are made by a person accredited under subsection (1)(b), and

(b) provide for the issuance of certificates for insurance and assurance purposes stating that improvements to properties have met those standards.

(5) The scheme under subsection (3)(a) may make provision for the certification of improvements that were made before the establishment of the scheme provided those improvements meet the minimum standards in subsection (4)(a).

(6) In setting minimum standards under subsection (4)(a) the Secretary of State must have regard to the minimum standards for new build properties under subsection (1).

(7) The Secretary of State and local authorities in England must take all reasonable steps to make data about flood prevention and risk relevant to building safety publicly available.

(8) The duty under subsection (1) extends to seeking to facilitate use of the data by—

(a) insurers for the purpose of accurately assessing risks to buildings, and

(b) individual property owners for the purpose of assessing the need for property flood resilience measures.”

This new clause would establish minimum standards for property flood resilience measures in new build properties and in improvements to existing building designed to increase safety protections for flood prevention and mitigation purposes, and require local and national government to make data available to support this.

New clause 23—Building control: independent appointment—

“In section 47 of the Building Act 1984 (giving and acceptance of initial notice), in subsection (1)(a) after ‘approved inspector’, insert ‘who has been chosen by a system of independent appointment, prescribed by regulations made by the Secretary of State.’”

This new clause, along with Amendment 73, is intended to remove choice of building control body from those carrying out all building work.

New clause 24—Building Safety and Local Authorities—

“(1) The duties performed by the regulator under section 31 of this Act in respect of relevant buildings must be performed by the local authority that exercises building control functions in the area in which the building is located.

(2) In this section ‘relevant building’ means a building—

(a) under 18 metres in height, and

(b) comprising more than one dwelling.”

New clause 25—Building Safety Regulations for multi-occupancy dwellings—

“The Secretary of State must by regulations amend paragraph 1 of Schedule 1 to the Building Act 1984 to apply to all buildings that comprise more than one dwelling.”

Amendment 1, in clause 3, page 2, line 13, at end insert—

“(aa) furthering the protection of property, and”.

This amendment would require the building safety regulator to exercise its functions with a view to furthering the protection of property, which is intended promote longer term protections for occupant safety and reducing fire damage and cost.

Amendment 74, in clause 30, page 18, line 17, at end insert—

“(3A) In making regulations under this section, the Secretary of State must have regard to the ability of residents to evacuate a building, taking into account the vulnerability of residents and the number of means of egress.”

This amendment is intended to ensure the Secretary of State has regard to the ability of residents to evacuate a building when revising the definition of higher-risk building.

Amendment 73, page 60, line 7 leave out clause 45.

This amendment, along with NC23, is intended to remove choice of building control body for those carrying out all building work.

Amendment 75, in clause 57, page 79, line 23, at end insert—

“(5) The regulations must exempt any relevant application made by or on behalf of a registered social landlord for the provision of social housing as defined under section 68 of the Housing and Regeneration Act 2008.

(6) A ‘relevant application’ under subsection (5) means an application of a description specified in regulations made by the Secretary of State.”

Government amendments 11 to 40.

Government amendments 60 and 61.

Government amendments 63 and 64.

Government new schedule 1—Special measures.

Government amendment 70.

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[Christopher Pincher]

My right hon. and gallant Friend, as ever, is on or near the money. The point of the changes is to make sure that the accountable person is indeed accountable, so they do what it says on the tin.

Amendment 13 makes it clear in the Bill that an accountable person who allows occupation of a single residential unit or more in part of a higher risk building, as defined in clause 62, without a relevant completion certificate has committed a summary offence, and the guilty person is liable for conviction up to a maximum summary term. Amendment 60 allows regulations made under clause 71 to be subject to the affirmative procedure. Clause 71 sets out the parameters of the part of the building for which an accountable person is responsible. Amendment 64 provides that the consequential amendments in schedule 5 relating to the Parliamentary Commissioner Act 1967—an Act we all know well—and the Freedom of Information Act 2000 extend to all of England, Wales, Scotland and Northern Ireland. Amendment 68 provides that clause 127 is automatically commenced two months after Royal Assent.

The amendments, while hardly scintillating, will help to improve the Bill and make it ready for scrutiny by our colleagues in the other place. I trust that my hon. Friends and Opposition Members have listened closely, with care and attention, have absorbed all the points I have made, and that they will support the amendments.

[Mr Deputy Speaker (Mr Nigel Evans)]

Before I call Matthew Pennycook, I ask colleagues who are trying to catch my eye that they please make sure that they address the new clauses and amendments in the group before us, not those in the previous group.

[Matthew Pennycook]

Scintillating they may not be, but it is still a pleasure to respond for the Opposition to the remaining proceedings on consideration. I will first deal briefly with several of the non-Government amendments selected, before taking the opportunity to ask the Minister several specific questions relating to Government new clause 19, new schedule 1 and various other amendments relating to special measures and protections against forfeiture. I hope he is able to answer at least some of them.

New clause 1, which stands in the name of my hon. Friend the Member for Oldham East and Saddleworth (Debbie Abrahams), who sadly cannot be in her place today because she has contracted covid, is a straightforward amendment that would place on the Secretary of State an obligation to review the effects of behaviour in the construction industry that have a negative impact on building safety, such as contract terms and payment practices that prioritise speed and low-cost solutions, and to report findings to this House. We support the new clause fully and urge the Government to give it due consideration.

New clause 18, which stands in the name of my hon. Friend the Member for Kingston upon Hull West and Hessle (Emma Hardy), would establish minimum standards for property flood resilience measures in new-build homes. In response to my hon. Friend last week, the Secretary of State made it clear that “more could be done” on this issue. I hope my hon. Friend gets a chance to make her case in more detail in due course, and that the Minister will give serious consideration to her new clause and to what might be done through future planning legislation to drive up standards when it comes to flood mitigation and resilience.

New clause 15, which stands in the name of my hon. Friend the Member for Hammersmith (Andy Slaughter), would extent the electrical safety inspection duties that currently apply in the private sector to social landlords. It is straightforward and we believe it warrants support.

New clause 16 would extend the same duties to leaseholders. Although we do not want extra burdens to be placed on leaseholder-occupiers—those who sub-let are of course required to have the relevant certification anyway—and we do want further assurances that the provision would not duplicate powers and duties that the Bill confers on the building safety manager, we support in principle steps to ensure the safety of electrical installations in high-rise buildings and to reduce the risk of fire spreading between flats.

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[Paul Maynard (Blackpool North and Cleveleys) (Con)]

I rise to speak to new clause 17, which stands in my name.

The Minister, probably more than anybody else in this Parliament, already knows that I have a tendency to fall over. Because I am teetotal, this is not down to drink either. Indeed, I suspect that every single Member here will know someone—a friend, a loved one or a relative—who has had a fall on the stairs. They are a silent killer and claim the lives of over 700 people every year, as well as thousands more who suffer injuries and lose their independence.

Finding a solution to the issue of flammable cladding has proven fiendishly complex, as we know from our time here, but for staircase safety it should be, and indeed is, simple. A British standard already exists that reduces falls by a staggering 60%: British Standard 5395-1. It means that stairs must have a minimum size of “going”—the horizontal surface on which one treads—and a maximum rise in height limiting steepness and providing enough surface area on which to step. Provision of easy-reach handrails is also required for staircases to be compliant. While such staircases hardly look different at all to the naked eye, their impact on preventing falls is remarkable.

British Standard 5395-1 has been in place since 2010 but never enshrined in law as a requirement, so today I am proposing this new clause, alongside the hon. Member for Sheffield South East (Mr Betts), for whose support I am most grateful. This is the result of ardent campaigning by the UK’s leading accident prevention charity, the Royal Society for the Prevention of Accidents, but also, crucially, major players in the housing industry such as the Berkeley Group. Industry wants this regulation. It wants a level playing field where there is one simple rule for all to adhere to. Because I am only calling for the standard to be applied to new-builds, there will be negligible cost and no need for retrofitting.

I can almost hear what the Minister is about to tell me—that it is uncommon to use primary legislation to enshrine such a standard into law. The Government will argue that our focus should be outcome-based rather than legislating on method, but I might point to regulation 7 of the building regulations, on combustible materials, which is in itself descriptive and sets out how the industry must achieve that particular regulation. If the outcome that we are all aiming for is safety of stairs, then the status quo is simply not working, and hundreds of people are dying every year from something that could so easily be prevented: I refer back to the 60% figure. If the Government have some other way to achieve such a reduction in preventable death in the home, then I am all ears, as many people have often pointed out to me. Independent safety campaigners such as RoSPA are confident from the statistics that this simple measure will save more lives than perhaps anything else in the entire Bill.

Genuine low-hanging fruit does not come along very often in politics, and I would like the Minister to grasp it when he sees it. He may not wish to satisfy me by granting me the agreement of the Government to the new clause. He has spent many years working on this with me trying to keep me satisfied and happy, but failed. Now he has his chance to redeem himself after 12 months of horror. Will he at least agree to meet me to discuss how we can take this matter forward? He can make my day by saying, yes, the Government agree. He can give me a minute of happiness and take forward Conservative party harmony, so rare these days, just by agreeing to meet me. I look forward to hearing what he might just have to say.

[Mr Deputy Speaker (Mr Nigel Evans)]

Just a minute of happiness—very good.

[Andy Slaughter]

I will speak briefly to new clauses 15 and 16, which are in my name and which relate to electrical safety. They seek to extend the requirement for five-yearly checks on electrical equipment to resident leaseholders and to social landlords, where these already apply and in fact apply more widely than just to high-rise residential buildings and private landlords.



We have quite rightly spent a lot of time this afternoon talking about the effects on leaseholders, and we have strayed into other territory and exposed other deficiencies in the Bill in relation to the requirements for social landlords and tenants, what types of building are covered and, indeed, as we heard from the hon. Member for Harrow East (Bob Blackman), how certain types of buildings now being constructed are still being constructed with many of those faults.

--- Later in debate ---

[Emma Hardy (Kingston upon Hull West and Hessle) (Lab)]

I rise to speak in favour of new clause 18. This amendment seeks to tackle the Government’s currently laissez-faire approach to flood protection, which are known as property flood resilience measures, by introducing minimum national flood protection standards in new builds.

The reasoning behind this amendment is the inevitable change to our climate and the fact that we are going to see more flooding in this country, and it feels as though our legislation is not keeping up with the reality we all face. As the shadow spokesman, my hon. Friend the Member for Greenwich and Woolwich (Matthew Pennycook), said, the Secretary of State did acknowledge in his response to me on the statement that “more could be done”. Therefore, I really do hope that the Government go away, have a look at the amendment I am putting forward, and consider how we can increase flood protections as part of building safety.

Currently, local authority planning departments can choose what property flood resilience measures they introduce as part of their pre-commencement conditions. In reality, that means that adjacent local authorities have different requirements for property flood resilience, flood mitigation and water management measures, even if they are rated in the same flood zone. In Hull, we have very strict flood resilience measures, as the House can imagine—we are an area that floods—but if the surrounding local authorities are not as strict on flood mitigation, we end up with the flood water from those areas, which creates more of a problem for an area such as Hull. That is why we are talking about having the same level right across the country. Even if a part of the country does not flood at all, the new clause seeks to ensure that they still need to take flooding seriously because if they do not, it will lead to problems upstream for somebody else—excuse the pun.

The new clause would also address the lack of clarity about effective PFR measures by looking at a proper accreditation scheme, which would include installers. In the same way that we have gas safety certificates and other safety measures, as well as energy efficiency ratings that are set and established and which everybody understands, the new clause would do the same thing on flooding so that people know they get a certain standard of flood protection in their property and in new builds.

In 2021, Flood Re proposed that lower premiums should be offered on policies where property flood resilience measures have been installed, but the insurance industry says that the lack of standards and proven efficacy makes it very difficult to assess premiums. If the new clause introduced standardisation and a certain standard was set, people could say to insurance companies, “This property has reached a certain standard, so there should be some reflection of that in the premium you’re offering.” This proposal is about looking at a certification scheme.

To further help insurers and the public, the new clause would create a requirement that all the relevant available data held by bodies such as the Environment Agency and local authorities on flood mitigation measures should be made publicly available. This is about trying to make premiums cheaper for people. Insurers purchase flood mapping data to aid them in setting premiums, and the better information they have, the more accurate their insurance premiums will be. At the moment, as I am sure the Minister knows, householders in some parts of the country cannot get any flood insurance if their property has been built after 2009. This proposal attempts to address that issue as well.

Climate change is causing heavier and more frequent flooding, and we currently have 6.3 million homes in the UK at risk of flooding, without any property flood resilience measures. That should be a cause for extreme concern, yet the Government are failing to address it and, in fact, flooding is not mentioned anywhere in the Bill. It is irresponsible and reckless to allow new builds to continue to be built in this country without really strong property flood resilience measures, because we need our homes to be fit for the future. Without positive action from the Government, tens of thousands more homes will be built without the protection they need. This is another housing scandal in the making, so I urge the Minister to go away and look at improving provisions on flooding as part of this Bill.

[Mr Deputy Speaker (Mr Nigel Evans)]

I call Clive Betts, who has tabled amendment 73 and 74.

[Mr Betts]

And new clause 23, but let me comment briefly on two other new clauses. New clause 17, which was tabled by the hon. Member for Blackpool North and Cleveleys (Paul Maynard), is about safety on stairs and ensuring that stairs built in new properties conform to British standards. He is absolutely right and I have put my name to the new clause. Each year, 300,000 people are admitted to A&E because of falls on stairs. That is a staggering figure and anything that we can do to reduce that has to be considered. This proposal is not a difficult one; as he said, it should be easy to implement and cost-free because it would be in new properties. Making sure that the stairs are wide enough and have proper handrails is not rocket science, and I hope that the Minister might indicate agreement on that in future, even if he cannot agree to the new clause today.

I just want to make it clear that nothing I am saying here is meant to try to improve harmony in the Conservative party—that is not something I want to be associated with, as the hon. Member for Blackpool North and Cleveleys indicated. However, I am more than happy to have harmony with him in promoting new clause 17.

My hon. Friend the Member for Hammersmith (Andy Slaughter) is right that there should be similar standards for social tenants in social rented properties. The Select Committee on Levelling Up, Housing and Communities has an ongoing inquiry into the regulation of social housing, and if he could drop a note to the Committee as evidence so that we can take account of his proposals, that would be useful.

I turn to new clause 23 and amendment 73 in my name, which reflect what the Select Committee has looked at. Building control has come up as an issue as a result of the Hackitt review. Dame Judith Hackitt made it clear that two of her concerns about the construction industry were: the whole culture of the industry with its race to the bottom; and—this goes alongside that—conflicts of interest.

In the previous debate, I mentioned conflicts of interest on approvals for products in the industry, with suppliers hawking products around until they found someone—a friendly approver—who would approve them. Building control is the same—it is about the developer finding someone less likely to give them difficult scrutiny. The Government have addressed that for the highest-risk buildings, for which in future building control will be appointed by the regulator. However, for all other properties the developer can say, “Yes, I’ll have you to do my building control” or, “I won’t have you, because you gave me a difficult time with the last property I built.” That is not acceptable.

We need someone to approve a building who is independent of the developer. The Committee has gone on record on that several times, and we recommended it when we scrutinised the draft Bill. So far, the Minister has come back with, “The Government don’t agree.” I hope that at some point the Government will reconsider, because that seems to be a fundamental principle and something that will make all buildings safer in future. It would provide security for the owners, occupiers and tenants that their buildings have been approved by someone independent of the developer.