Fire Safety Bill

Baroness Winterton of Doncaster Excerpts

2nd reading & 2nd reading: House of Commons
Wednesday 29th April 2020 Commons Chamber

[The Minister for Security (James Brokenshire) [V]]

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

Almost three years have passed since the tragic events on the night of 14 June 2017. It was the greatest loss of life following a residential fire since the second world war. None of us will ever forget the events of that terrible night, and the Government are resolute in their commitment to ensure that they are never repeated. Those 72 people should never have lost their lives. Our thoughts today are very much with the victims’ families, survivors and fellow residents, who have had to rebuild their lives over the past three years.

I know from my time as Secretary of State for Housing, Communities and Local Government the profound effect the events have had on the Grenfell community, but also that community’s sense of purpose and its clear demands for justice and change. I have had the privilege to meet survivors and their families, as well as those in the local community who joined together to support them. Those discussions have been humbling and harrowing. They have underlined the responsibility—indeed, the duty—on us to act. The Government will continue to provide support to the affected families and support the creation of a memorial on the site of the tower, a process that is rightly being led by the bereaved and the local community.

The House has had the opportunity to debate the tragic events at Grenfell Tower on a number of occasions. Despite the unusual circumstances we are operating under today, I have no doubt that we will hear once again many powerful and impactful contributions. There is considerable experience across the House, and we will continue to listen to views from all interested colleagues, as well as working with the all-party parliamentary group on fire safety and rescue. I welcome the hon. Member for Torfaen (Nick Thomas-Symonds) to his new role as shadow Home Secretary. We will continue to engage constructively with him and his team.

Our home should be a place of safety and security. At a time when we are asking the people of this country to stay at home—indeed, many of us will contribute to this debate from our homes—we are reminded of the overriding importance of people being safe and feeling safe at home, especially in high-rise properties.

In the days following the terrible tragedy, the then Prime Minister, my right hon. Friend the Member for Maidenhead (Mrs May), announced that there would be a full independent inquiry, led by Sir Martin Moore-Bick, to get to the bottom of what happened on that night and to understand why the building was so dangerously exposed to the risk of fire. Alongside the Ministry of Housing, Communities and Local Government, the Home Office commissioned an independent review of building regulations and safety, which was led by Dame Judith Hackitt. Dame Judith’s findings have underpinned our unprecedented programme of building and fire safety reform. We are resolute in our commitment to delivering on them, and significant steps have already been taken to address building safety and fire safety risks.

Where a fire and rescue service has been advised of a high-rise residential building with aluminium composite material cladding, the National Fire Chiefs Council is confident that that building has been checked by the local fire and rescue service and, where appropriate, additional interim measures have been put in place to ensure the safety of residents. The Government have established a fire protection board, chaired by the National Fire Chiefs Council, to provide oversight of the programme to ensure that all high-rise residential buildings are inspected or reviewed by the end of 2021; £10 million has been allocated to support the fire and rescue service in this endeavour.

In December 2018, the use of combustible materials on new high-rise homes was banned, and my right hon. Friend the Chancellor announced in this year’s Budget that the Government will provide £1 billion to fund the removal and replacement of unsafe non-ACM cladding systems for both the social and private residential sectors on buildings of 18 metres and above. The prospectus for this new building safety fund will be published in May and open for registrations soon after. The funding is an addition to the £600 million we have already made available to ensure the remediation of the highest-risk ACM cladding of the type that was in place on Grenfell Tower.

In January, MHCLG issued specific advice for building owners on assurance and assessment and how to ensure fire doors meet appropriate fire safety standards. We have pushed owners and local authorities hard to identify and remediate unsafe buildings. We work closely with local fire authorities and fire and rescue services to ensure that interim safety measures are in place in all buildings until the cladding is replaced, but there is an urgent need for remediation to progress, even at this challenging time, recognising the continuing risks and the financial burdens on leaseholders in maintaining waking watches. I therefore want to be clear that remediation work can and should continue wherever it can be done safely—wherever it can, whenever it can.

It is critical that this work continue, and to help support that we have published information for industry and stakeholders on the gov.uk website on how to ensure sites can operate appropriately under the current restrictions. We have also appointed a firm of construction consultants to provide specific advice for those carrying out cladding remediation work.

While the focus of much of our activity has been high-rise residential buildings, it is important to stress that our work rightly goes far beyond that. To support the protection work targeting other high-risk buildings. the Home Office will be providing fire and rescue services with a further £10 million to help deliver protection work within their communities.

While talking about essential work within communities, at this time of incredible national challenge I want to use this opportunity to recognise, and pay tribute to, the essential role fire and rescue services are playing in our response to the coronavirus pandemic. In addition to their core duties, fire and rescue services have around 4,000 volunteers working to support ambulance services, coroners and local communities, as well as helping the vulnerable and those isolated at this incredibly difficult time. I want to thank firefighters and staff up and down the country for their incredible service, their dedication to duty and their desire to help others where they can, and for the incredible difference that is making.

The Queen’s Speech committed the Government to bringing forward two Bills on fire and building safety. The first is this short, technical, Home Office-led Fire Safety Bill, which will amend the Regulatory Reform (Fire Safety) Order 2005. The second, the building safety Bill, led by MHCLG, will put in place an enhanced safety framework for high-rise residential buildings, taking forward the recommendations from Dame Judith’s review. The purpose of the Bill before the House today is to clarify that the fire safety order applies to the external walls, including cladding and balconies, and individual flat entrance doors in multi-occupied residential buildings. The fire safety order requires responsible persons, often building owners or managers, to assess the risk from fire, to put in place fire precautions so far as reasonably practicable to keep premises safe, and otherwise to comply with the requirements of the order. The order does not apply to domestic premises, except in limited circumstances.

The Grenfell Tower inquiry’s phase 1 report found compelling evidence that the external walls of the tower were not compliant with building regulations. In January this year, the independent expert advisory panel on building safety set up by the Government shortly after the Grenfell fire published its consolidated advice. That includes advice on measures that building owners should take to review ACM and other cladding systems to assess and assure their fire safety and the potential risks to residents of the spread of external fire.

We have established that there are differing interpretations of the provisions in the order as to whether external walls and, to a lesser extent, individual flat entrance doors in multi-occupied residential buildings are in scope of the order. For that reason, we submit that the Bill is a clarification of the fire safety order. It will apply to all multi-occupied residential buildings regulated by the order. The current ambiguity is leading to inconsistency in operational practice. That is unhelpful at best and, at worst, it means that the full identification and management of fire safety risks is compromised, which can put the lives of people at risk.

Twenty flats in Barking were destroyed in June 2019 when a fire spread from a wooden balcony. Richmond House was a four-storey timber-framed block of flats in Worcester Park that burnt down in September. Only last week, my hon. Friend the Member for Erewash (Maggie Throup) highlighted a further significant fire in her constituency. Such fires are stark reminders of how a conflagration can spread on the external envelope of a building, and why those risks need to be identified or mitigated.

The Bill will therefore ensure that, when the responsible person makes a suitable and sufficient assessment of the risks, it takes account of the structure, external walls, balconies and flat entrance doors in complying with the fire safety order, and allows enforcement action to be taken confidently by fire and rescue authorities. That will complement existing powers that local authorities have under the Housing Act 2004.

The Grenfell inquiry’s phase 1 report, published last October, provided a comprehensive picture of what happened on the night of 14 June 2017. As my right hon. Friend the Prime Minister made clear at the time of publication, the Government accepted in principle all of the 14 recommendations addressed to the Government directly.

For high-rise residential buildings, the inquiry’s recommendations included new duties on building owners and managers: to issue information to the fire and rescue services; to ensure that there are premises information boxes; to carry out regular inspections of lifts; and to ensure that building floor numbers are clearly marked. For all multi-occupied residential buildings, the inquiry also called for new duties for regular checks of fire doors.

The objective is to ensure that fire and rescue services can plan for and respond to a fire in a high-rise residential building, alongside overall fire safety benefits for residents. As we said in our initial response to the report, we are committed to working closely with other organisations to ensure that the right changes are brought about to protect the public.

The Bill will also provide the firm foundation on which the Government will bring forward secondary legislation to enact those recommendations. Our proposals will be the subject of public consultation, to be published in the coming months. The consultation will also set out proposals to ensure that the fire safety order continues to regulate fire safety effectively in all the premises it covers, as part of the ongoing improvements to building safety following our 2019 call for evidence on the order.

The Bill will give the Secretary of State a regulation-making power to amend or clarify the list of premises that fall within scope of the fire safety order. That will enable us to respond quickly to any further developments in the design and construction of buildings and our understanding of the combustibility and fire risk of construction products.

As the order and therefore the Bill relate to matters within the legislative competence of the Welsh Assembly, the Deputy Minister for Housing and Local Government in the Welsh Assembly has confirmed that she will put the matter before the Assembly for a legislative consent motion.

I am aware that the provisions of the Bill will require potentially significant numbers of responsible persons to review and update their fire risk assessments. For many, that will require specialist knowledge and the expertise of the fire risk assessor. We are working with representatives of the sector to understand the particular challenges in delivery. That will inform our approach to the implementation of the Bill, while maintaining a clear and consistent approach to fire risk assessments. In any event, and in line with the independent expert advisory panel’s consolidated advice, I would none the less encourage those with responsibilities to carry out a fire risk assessment under the order as a matter of good practice and to consider flat entrance doors and external wall systems as part of their fire risk assessment for multi-occupied residential blocks as soon as possible, if they have not already done so.

As I have highlighted, there is further legislation to follow. Following the 2019 consultation, the building safety Bill will put in place an enhanced safety framework for high-rise residential buildings. It will establish a new system to oversee the performance of building control functions, with stronger enforcement and sanctions, and give residents a stronger voice in the system, ensuring that their concerns are never ignored. That Bill will be published in draft form before the summer recess.

We will also establish a new national building safety regulator within the Health and Safety Executive. The new regulator will be responsible for implementing and enforcing a more stringent regulatory regime for high-rise residential buildings, as well as providing wider oversight of safety and performance.

The Fire Safety Bill complements all the actions that we have taken to date. It demonstrates that we are applying the lessons from the Grenfell tragedy and will continue to do everything within our power to ensure the safety of people in their homes. While legislation alone can never provide all the answers, I believe that it will make a significant and lasting contribution to the safety of residents. It will provide a catalyst to drive the culture change that is needed within our building and construction sector to put safety and security at the forefront and provide responsibility and accountability where people fall short. Above all, it will help to provide the legal foundations to ensure that such a tragedy can never happen again. I commend the Bill to the House.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the shadow Home Secretary, Nick Thomas-Symonds, who is asked to speak for no more than 15 minutes.

[Nick Thomas-Symonds (Torfaen) (Lab)]

I thank the Security Minister for his speech and his welcome. I shadowed him briefly in a previous role over recent months, and I look forward to working with him on issues of national interest.

In our deliberations today, at the forefront of our minds are the 72 people who lost their lives and the more than 70 who were injured in the terrible tragedy of Grenfell on 14 June 2017. All of us in this House and, indeed, the whole country will remember where we were when we first saw those devastating scenes in west London. It was one of the most heart-wrenching tragedies we can all imagine, and what made it unbearable was the fact that the event that unfolded was wholly preventable. It is and always will remain a stain on our national conscience. For those who escaped, for the emergency services at the scene and for all the family, the friends and the wider community, the events of that awful day will live with them forever.

The fact that such a tragedy could happen in one of the wealthiest boroughs in one of the wealthiest countries in the world shines a piercing light on the inequality in modern Britain and the many ways in which it manifests itself. Over the course of this debate, we will, of course, discuss the legislation, the numbers and the finance, but at the heart of it, we must always remember first and foremost that this is about people, and most strikingly, those who lost their lives and those who managed to escape but will live forever with the memories of that night. That is why people will rightly look to this House for not just words but action.

Getting the Bill right is vital, not just to address the failings so horrifically exposed by Grenfell but to guard against similar incidents—incidents that may appear unlikely or unimaginable today, but could be all too real in future. Labour Members support the Bill, but we urge the Government to go further and faster on fire safety so that there are no more Grenfell Tower tragedies and people are kept safe and secure in their own homes.

In October, we welcomed the first phase of the Grenfell Tower inquiry, which addresses the events of the night itself: when the fire began, when the first 999 call was made, at six minutes to one in the morning, and when the first firefighters reached the tower, five minutes later. We await phase 2 of the inquiry and its investigation into the broader causes, but we already know from the first phase report how it happened. The report says:

“Once the fire had escaped from Flat 16, it spread rapidly up the east face of the tower. It then spread around the top of the building in both directions and down the sides until the advancing flame fronts converged on the west face near the south-west corner, enveloping the entire building in under three hours.”

The report also sets out that there is

“compelling evidence that the external walls of the building failed to comply with…the Building Regulations 2010, in that they did not adequately resist the spread of fire having regard to the height, use and position of the building. On the contrary, they actively promoted it.”

It continues:

“It is clear that the use of combustible materials in the external wall of Grenfell Tower, principally in the form of the ACM rainscreen cladding, but also in the form of combustible insulation, was the reason why the fire spread so quickly to the whole of the building.”

Given the particular focus on the actions of the London Fire Brigade at the scene in the first phase report, recommendations made to the fire service should be given the full response that they require. At the same time, while recognising what the first phase report says and learning the lessons, we continue to pay tribute to the heroic actions of firefighters in our country every day, including on the night of the Grenfell Tower fire, when so many put themselves at serious risk to save the Grenfell Tower residents. We will continue to press the Government to give all survivors the support that they need, to bring those culpable to justice, and to put in place every measure needed to prevent a fire such as Grenfell from ever happening again.

As the Security Minister said, the Bill’s provisions clarify that the Regulatory Reform (Fire Safety) Order 2005 applies to external walls, including cladding, balconies and windows, and individual flat entrance doors in multi-occupied residential buildings. Responsible persons will need to ensure that they have assessed the fire safety risks of the relevant premises and have taken the necessary fire precautions, with fire and rescue authorities having enforcement powers, including the ability to remove cladding and to put in place prohibitions until changes are made. However, we have to be absolutely clear who the responsible persons are and allow nobody—owners or anyone else—to shirk their responsibilities under the Bill.

Although those powers are welcome, they are clearly not enough in themselves to meet the Government’s pledge to prevent another tragedy from happening. Clause 2 gives the Government powers to make further changes through secondary legislation, and the Government have said that that will provide a foundation to take forward recommendations. The Government have said they will launch a consultation on the Regulatory Reform (Fire Safety) Order 2005 in spring 2020, and that that will include proposals for implementing the Grenfell Tower phase 1 report recommendations, which will be delivered via secondary legislation.

However, the Government have not given a timetable for when they will deliver those recommendations through secondary legislation. They must do so urgently. There is an urgent need for the fire safety measures recommended, and that urgency must be reflected in the actions of Ministers. Indeed, almost three years after Grenfell, this three-clause Bill is the first and only piece of primary legislation on fire safety that the Government have put before the House.

The Bill does not include provisions for the inquiry’s recommendations. The Government had already promised, in October 2019, to implement the inquiry’s recommendations in full and without delay. The 2019 Conservative manifesto repeated that commitment, but even the simpler recommendations, such as the inspection of fire doors and the testing of lifts, are not in the Bill. Long-overdue reforms of building safety are also not included in the legislation—they are to be in a separate building safety Bill. The Security Minister indicated that the draft version of that Bill would appear before the summer, but that process still needs to be moved forward as quickly as it possibly can be. He should clarify when it will appear in final form.

The House cannot escape the way in which the inquiry report was repeatedly critical of the Government: for the failure to remove ACM cladding from other blocks; for not funding the fire service efficiently to be properly equipped; for failing to publish national guidelines on the evacuation of tall buildings; and for ignoring recommendations to retrofit sprinklers in social housing blocks in the years leading up to the Grenfell tragedy.

The Bill will require a higher level of inspection and enforcement and will increase the workload on fire and rescue services. There has to be clarity about the funding to carry out such work. The Fire Brigades Union has said today that there are 1,100 fire-safety inspectors left; there have to be more to carry out the duties in the Bill. Between 2010 and 2016, the fire and rescue services were cut centrally by 28% in real terms, with a further cut of 15% by 2020. That led to 12,000 fewer firefighters—20% of the whole service.

As Mayor of London, the Prime Minister was responsible for deep cuts. An independent review by Anthony Mayer found that in the eight years of the Prime Minister’s mayoralty, the London Fire Brigade was required to make gross savings of more than £100 million, leading to the cutting of 27 fire appliances, 552 firefighters, 324 support staff, two fire-rescue units and three training appliances, along with the closure of 10 fire stations and a reduction of fire rescue unit crewing levels.

Grenfell was not the first fire in a high-rise block of flats that resulted in loss of life. In 2013, coroners wrote to Ministers about two separate fires: in Camberwell in 2009, in which six people died; and in Southampton in 2010, in which two firefighters died. The coroners’ letters included clear points of criticism and recommendations, important parts of which—including recommendations to retrofit sprinklers in high-rise housing blocks and to urgently overhaul building regulations—were either rejected or ignored. Letters were sent to the then Housing Minister by the all-party group on fire safety and rescue, with the last sent just 26 days before the tragedy.

An issue that must be recognised is the reaction to the Grenfell fire, with the Government not acting swiftly enough to remove Grenfell-style cladding from tower blocks and a failure to support residents with interim safety costs. To give an example, waking watches, when fire wardens patrol residences, can cost residents £10,000 or more for very short periods of time.

Coronavirus is an unprecedented challenge and I recognise what the Security Minister said about action continuing where it can and the crisis that we are currently in. We of course recognise that it absolutely changes working patterns, but it cannot ever be an excuse for failing to take strong and swift action on the removal of cladding, because 60,000 worried residents are still living in buildings wrapped in cladding that needs to be replaced. Almost nine in 10 private sector buildings and half of social sector buildings have not had cladding removed.

The Security Minister will, I am sure, remember setting a deadline of the end of 2019 for social sector blocks to be made safe, and of June 2020 for private sector blocks—a deadline that now looks likely to be missed. In addition, the Government have yet to publish their findings from the audit of how many buildings are covered with dangerous non-ACM cladding, such as high-pressure laminate. I urge the Minister to make that audit’s findings, which I understand were available at the end of March, fully available as soon as possible.

After Grenfell, the Government accepted that there were flaws in the building safety regime and commissioned the Hackitt review, as the Security Minister said. That was published in May 2018. The Government accept that they did not go far enough. That led to the ban on combustible cladding in November 2018 and the restrictions on desktop studies. As I have indicated, the Government have yet to publish that primary legislation. While the draft will be available in the summer, as the Security Minister said, the process must be faster.

Labour will look to improve the Bill during its passage through Parliament. I urge the Government to have an open mind in the short Committee stage they have allocated and to give reassurance on a timetable for the measures they intend to take. Anything less than that would be a breach of promise to those who were lost and every person affected by the terrible tragedy of Grenfell, which none of us wants to see ever happen again.

I will conclude by taking a moment to pay tribute to all those who were impacted by the Grenfell tragedy and the remarkable community efforts that grew up and have been maintained to support people. In this, the most awful of incidents, we also saw the very best in people. I commend the work that they have done campaigning for justice.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I am now introducing a time limit of five minutes. I advise Members who are speaking virtually to have a timing device visible.