Building Safety Bill

Royston Smith Excerpts

2nd reading
Wednesday 21st July 2021 Commons Chamber

[Sir Mike Penning (Hemel Hempstead) (Con)]

Welcome to the Chair, Madam Deputy Speaker, and perhaps I should declare an interest as a former firefighter and a former fire Minister.

I took the promise of the Housing Minister, who is a good friend and an honourable Gentleman, that the previous Bill, the fire Bill, was not the vehicle in which to bring forward measures to protect the leaseholders in my constituency. I tabled or signed some amendments as probing amendments, but then withdrew them, and I took a lot of flak from leaseholders in my constituency, who said I had let them down. I am not going to let them down with this Bill, because it was supposed to address their concerns.

Thousands of my leaseholders are trapped within their properties. Thousands of them have already paid unbelievably large amounts of money which they cannot afford, and even if they could afford to pay it is morally wrong in the first place.

[Royston Smith (Southampton, Itchen) (Con)]

While I understand that the ministerial statement was late in being shown to us, does my right hon. Friend agree that there is much in it to be optimistic about?

[Sir Mike Penning]

I agree. There is a lot in it that is good. I did not have a chance to read it while the Secretary of State was still making his speech because I am not that brilliant at doing such things, but I have read it since the Secretary of State sat down and there are some good things in there. There are questions about it and I hope to serve on the Bill Committee; I hope those on the Treasury Bench listen to me on that, although that might be slightly difficult for Ministers.

I completely agree with my hon. Friend the Member for Stevenage (Stephen McPartland), I agree with the Chairman of the Select Committee, the hon. Member for Sheffield South East (Mr Betts), and I agree with much that was said from the Opposition Front Bench as well. This should not be party politics; this should be about what is right and what is wrong. This is a homeowning nation, and that includes freeholders and leaseholders, and the party I am proud to be a member of is a home- owning party.

On Grenfell, I pay huge respect to the families who lost loved ones or whose loved ones were injured, and to my former colleagues who went in the right direction with their paramedic friends and the police when the rest of the public quite rightly got out of the way— the bravery of the firefighters at that incident is to be commended.

However, there are issues that are not addressed in the Bill. This is not all about cladding. It is about the remedial works people are being charged for and the fire watch. I have heard of situations where residents in one block—a fairly low-rise block, actually—were told they could not have any mats outside their front doors. As a former firefighter, I think that is bonkers. They were told to take pictures of the wall in the communal areas. That is not what went wrong at Grenfell; what went wrong at Grenfell was a systematic failure across the picture—including within the fire service, to be fair. I was trained on high rise and in high-rise fires we told residents to stay in their flats. We told them they were safe in the stairwell, but often they would not be.

There is one area that fascinates me. We have heard about insurance and keep talking about insurance premiums, but where are the insurance companies paying out on premiums paid by the developers and contractors? When I was a builder I could not walk on to a building site without having liability insurance.

We can do this; we did this as a Government when the mesothelioma Bill went through this House and we compensated people dying from asbestos who could not find an insurer or a contract. The Government intervened to compensate those families and loved ones, and that is what we will have to do here, too.

I will be joining my colleagues on amendments that we have signed, and if I cannot serve on the Bill Committee what a great opportunity there will be for me on Report, not because I want to be difficult, but because I want to get this right for leaseholders. I was promised the previous Bill was not the answer. This has to be the answer to put things right.

--- Later in debate ---

[Royston Smith (Southampton, Itchen) (Con)]

For the avoidance of doubt, I refer the House to my declaration in the Register of Members’ Financial Interests; I do not think this does affect me, but just in case and for the avoidance of doubt.

I really hoped that we would have resolved the awful situation for leaseholders during the passage of the Fire Safety Bill, but of course we all know that did not happen. During those many debates, the Government told us that the McPartland-Smith amendments to the Fire Safety Bill were defective and the Fire Safety Bill was not the place to deal with who pays for remediation. The Government said that the Building Safety Bill was the Bill to address those issues. We now know that the Building Safety Bill in its current form does nothing to address the fundamental issue: leaseholders should not and will not have to pay.

Too many issues have been deemed fire safety defects when they are not. The Secretary of State and his statement have referred to it, but it cannot be repeated often enough. Most people in high and low-rise apartments are safe. Most buildings are not dangerous. Not all cladding is flammable. I am not sure, Madam Deputy Speaker, what you would have to do to ignite a wooden balcony, for example. But people living in properties with those features cannot sell and have extortionate insurance bills. Some simple changes such as smoke alarms and fire alarms and a realistic reinspection would make the properties that are currently dangerous safe again. I hope that the written statement becomes legislation and will go some way to address that. If we look at the properties that should not be failing EWS1 and we remove them from the process, the remaining buildings could be remediated far more quickly. Most properties would then see their values restored and the market will again operate successfully.

There are of course other issues, and in summing up, I hope the Minister will explain why insurers have apparently been let off the hook. Every development has professional indemnity insurance. It is the law. As soon as there is a complaint, the insurers are informed. As soon as they are informed, they should start the process of settling any claims. Why are they allowed to remain in the shadows while innocent leaseholders pick up the tab? Is it not time for us to name and shame the insurers that covered the risk of development, but have not offered to put right the defects?

One solution is a levy, as house builders now accept. They know, as I know and everyone else knows, that that is the only way out, and they want out of this nightmare as quickly as everyone else. They are suffering reputational damage for issues that were no more their fault than the fault of the leaseholders; it was down to regulation and legislation, and the failure of the insurance companies, which have some way to go on that. Taxpayers should not pick up the tab, but they can underwrite the remediation not covered by insurance. The levy can then pay back the underwriting and everyone can go back to living in a safe property, which is what they deserve to do.