Fire Safety Bill

Sarah Jones Excerpts

Consideration of Lords amendments & Ping Pong & Ping Pong: House of Commons
Wednesday 24th February 2021 Commons Chamber

[Kit Malthouse]

My hon. Friend speaks with some expertise in this area and has been a constant presence in debates on this matter over the past few years. He is right. The amendment is self-defeating given the number of, for example, freeholds that are held in limited liability vehicles, which could, in the position he points out, simply put themselves into some kind of insolvency procedure. That is why any measure along these lines would need to be scrutinised carefully and thought about in a little more detail before we brought it in.

Alongside all that, my right hon. Friend the Secretary of State for Housing, Communities and Local Government has committed to taking decisive action to end the cladding scandal once and for all through the Government’s five-point plan to provide reassurance to homeowners and build confidence in the housing market. Funding will be targeted at the highest-risk buildings, in line with long-standing independent expert advice and evidence. Lower-rise buildings with a lower risk to safety will gain new protection from the costs of cladding removal through a long-term, low-interest Government-backed financing scheme. The Government are also committed to making sure that no leaseholder in these buildings will pay more than £50 per month towards this remediation. Let me be clear: it is unacceptable for leaseholders to have to worry about the cost of fixing historical safety defects in their buildings.

I ask hon. Members to recognise that while these amendments are based on good intentions, they are not the appropriate means to solve these complex problems. By providing unprecedented funding and a generous financing scheme, we are ensuring that money is available for remediation, accelerating the process, and making homes safer as quickly as possible. I give my assurance that the Government schemes to address these issues will be launched as a matter of priority and that we will provide an update on the underpinning details, as Members have urged us, as soon as we are in a position to do so. For the reasons set out, I hope that the House will see fit to support me in my aspirations with regard to these and other amendments.

[Sarah Jones (Croydon Central) (Lab)]

It is a pleasure to follow the Policing Minister. I, too, put on record my best wishes to the right hon. Member for Old Bexley and Sidcup (James Brokenshire), who cannot be here to lead for the Government today. We all wish him a speedy recovery

I thank our fire and rescue services, who are going above and beyond to keep us safe and have worked tirelessly to protect us throughout the covid pandemic. I am grateful to Ministers, to officials and to House staff who have worked with us on this Bill. I give particular thanks to Yohanna Sallberg and Kenneth Fox, who have supported me, in particular, throughout the Bill’s passage. I thank Lord Kennedy of Southwark, and all those Lords who have led this Bill through the House of Lords, and ensured that Labour’s key amendment on implementing the Grenfell phase 1 recommendations was accepted there.

Every time we debate and discuss the aftermath of the Grenfell Tower fire, we hold the memory of those who died in our hands. We must be gentle and respectful, but we must also see the injustice, and honour those who died by taking action, and by not resting until justice has been done and everybody has a safe home that they can afford. I pay tribute to the campaigners—Grenfell United, the families, survivors, and the entire community—for their tireless fight for justice. I also pay tribute to those campaigners who are fighting every day for the hundreds of thousands of people who are trapped in unsafe buildings, and who face extortionate bills and are unable to move. The drumbeat of their lives is fear and anxiety. No Parliament can ignore that.

Thousands of people are working on this, but I particularly thank Ritu and Will from the UK Cladding Action Group, for their assiduous efforts. I thank the 200 people who joined our roundtable this morning, so that we could hear at first hand the horrors that this Government are wilfully enabling. As Ritu said, “we are fellow human beings in these buildings—your family, your friends, your colleagues.” To everyone who is affected, and who is living in fear and anxiety, I say sorry—we must do better.

As we have said throughout the passage of the Bill, we support it, but it is small and the only piece of concrete legislation we have had since Grenfell. That is not an adequate response to the biggest housing safety crisis in a generation. It does not even scratch the surface of the work that must be done to fix the wild west of building control and fire safety that we have seen played out with such horror over the past few weeks during phase 2 of the Grenfell inquiry. It has taken so long to get here, and at every stage we have had to drag the Government into action.

The Government promised to act swiftly after Grenfell, yet it took them almost three years to introduce this Bill. We waited 12 weeks just for them to bring the Bill back to consider Lords amendments. This is intended to be a foundational Bill. Its purpose is to provide clarity, and state what is covered by the fire safety order, which will inform other related and secondary legislation. In Committee the Minister said that the Government intend to legislate further, and he spoke many times of action still to come, as he did today. By this stage, however, we need more than vague commitments about secondary legislation. At the very least, we need a clear timetable from Government that sets out when further changes to the Regulatory Reform (Fire Safety) Order will be delivered, when secondary legislation will be introduced, and when the Bill will be implemented.

In response to a deeply frustrated letter from Grenfell survivors in September, the Government said that the introduction of the Fire Safety Bill was a key priority, yet the Bill does not include provision for any of the measures called for by the first phase of the Grenfell inquiry. We would like many issues around improving fire safety to be included in the Bill, but many will now have to be introduced through the draft Building Safety Bill and by secondary legislation. We have no idea when any of those things will happen.

[Jim Shannon (Strangford) (DUP)]

I have been asked to speak by my party leader, my right hon. Friend the Member for Lagan Valley (Sir Jeffrey M. Donaldson), and by other Members who have relatives who own such flats on the mainland. They have extreme concerns, and the fears that the hon. Lady has referred to about their properties, and what that means for the future. Although the Government have good intentions, I believe —as I think does she—that the Bill does not go far enough. Is she convinced by what the Minister has said, and if not, will she push the amendment to a vote?

[Sarah Jones]

I thank the hon. Gentleman for his intervention. I do not think the Government have gone far enough, and I do not accept the reasons why we are going at such a snail’s pace on something so important. I will come to what we think should be done about it.

The Government rejected many attempts to amend the Bill. The draft Building Safety Bill places various requirements on what is called the “responsible person” and refers to the fire safety order for the definition of that, but the fire safety order does not provide a definition of the responsible person. The draft Building Safety Bill even attempts to put into law a building safety charge. It is vital that the fire safety order makes it clear that there is no ambiguity around the definition of responsible person and that it does not mean leaseholders. However, the Government chose to reject that amendment.

The fire safety order requires regular fire risk assessments in buildings, but it includes no legal requirement for those conducting the assessment to have any form of training or accreditation. In Committee and on Report, we tabled amendments that would bring into force an accreditation system for fire risk assessors, rather than waiting for more secondary legislation. We also tabled an amendment to require the schedule for inspecting buildings to be based on a prioritisation of risk, not an arbitrary distinction of types and heights of building. On that point, I am glad that the Government have listened, having turned us down in the initial stages, and taken good practice from Croydon and other areas and introduced a risk-based approach to the Bill.

We tabled an amendment on waking watch to require the Government to specify when and for how long such measures should take place. Thanks to Lord Kennedy of Southwark, our amendment on implementing key measures from the first phase of the Grenfell inquiry passed in the Lords, despite the Government’s attempts to block it. The Government have made so many promises to address the fire safety crisis but failed to keep them. The families and survivors are still waiting for justice, and hundreds of thousands of leaseholders and tenants are still trapped.

As we debate the Lords amendments this afternoon, the Government face a choice on what they include in the Bill. They could do the right thing and fulfil their promises, or they could push the can down the road again—“We do care, just not quite enough, not quite yet.” There are two answers that thousands of people across the country are watching and waiting for today: will the Government change their mind and back the Lords amendment to implement recommendations from the Grenfell inquiry, and will the Government legislate to ensure that leaseholders—blameless victims of this crisis—do not have to foot the bill for measures to make their buildings safe?

[Kevin Hollinrake]

Although I understand the point behind the hon. Member’s position—I assume she will vote for Lords amendment 4—can she answer the point I made to the Minister? What will she do when the building owners simply walk away? Where will the costs go? Does she have a solution for that? Does she not accept that this amendment is fundamentally flawed and is not the right way to achieve what she wants to achieve?

[Sarah Jones]

I thank the hon. Member for his intervention. He is an expert in this area, and I very much respect what he says. The answer is that it is for the Government to resolve this crisis. It is not for leaseholders to foot the bill. We suggested a national taskforce, whereby the Government could take responsibility for assessing the costs of the remediation work and then find out who is responsible, so that, as with the polluter pays principle, we could get to the point where the people who were responsible for the problem were paying the bill. That is fundamentally what we are trying to achieve, because in law at the moment, those who can least afford to pay are the only ones having to pay. The Minister says that there are flaws in the way the amendment is worded, but he could have amended it.

Lords amendment 2 would place robust requirements on building owners or managers and implement the key recommendations from phase 1 of the Grenfell inquiry. The Minister said that he had concerns with the way the amendment was worded. Again, the Government could have tried to amend it and to fix some of the problems along the way, but have chosen not to do so.

The Government said that they would implement the Grenfell phase 1 inquiry recommendations in full and without delay, and Lords amendment 2 would be a straightforward way for them to fulfil that promise. It seeks to require the owners of buildings that contain two or more sets of domestic premises to do four simple things: to share information with their local fire and rescue service about the design and make-up of the external walls; to complete regular inspections of fire entrance doors; to complete regular inspections of lifts; and to share evacuation and fire safety instructions with residents. Those measures are straightforward and supported by key stakeholders. Indeed, a common response is incredulity that these measures are not already in law.

The Government have even tried to water down proposals on the evacuation of disabled people, as has been reported today. They have proposed requiring personal evacuation plans for disabled people only in buildings with known safety issues and a waking watch. It is only after legal action by the families of those who died in the Grenfell Tower fire that the Government have relaunched a consultation on this.

--- Later in debate ---

[Stephen Doughty]

I wholeheartedly agree with the points that my hon. Friend is making. I want to emphasise the importance of paragraph (a) of Lords amendment 2, on sharing information about the materials that a building is constructed of, because my constituents in Cardiff South and Penarth have real difficulties getting hold of, for example, architectural drawings and original “as built” drawings. There is simply no consistency in this across the UK, which means that fire and rescue services, let alone anybody trying to undertake works, have a much harder job.

[Sarah Jones]

My hon. Friend is absolutely right, and I have had many similar cases in my constituency, with people just trying to get to the bottom of what the issues are, and meanwhile they cannot sell their flat and are facing fire remediation and waking watch charges, their insurance is rocketing and their lives are on hold. We heard from many such people this morning, and it really was very sad.

It is hard to understand why the Government have put forward a motion to disagree with Lords amendment 2. I heard what the Minister said, but my challenge is that he could have tried to amend our amendments if he had a problem with them, to make them work. The answer, “We will do these things, but later” is simply inadequate.

[Felicity Buchan (Kensington) (Con)]

I think that we all share the same objective across the House. I certainly want the recommendations of the first phase of the Grenfell inquiry to be implemented as quickly and robustly as possible. I am afraid, however, that the hon. Lady is trying to make a political point, because my has made it very clear that we have a robust system in place. We have the Fire Safety Bill. We have already done the consultation on the fire safety orders, which will be coming out in the spring. Our methodology has been backed by the National Fire Chiefs Council, and the step-by-step process has also been backed by Dame Judith Hackitt.

[Sarah Jones]

I thank the hon. Lady for her intervention, and I do not doubt her sincerity or the work that she has done on this since becoming a Member of Parliament, but I fundamentally disagree. The step-by-step process might be the right process, but it is so slow. It is almost four years since the Grenfell fire, and it is a year since the recommendations were made. The consultation finished in October, and the Government are still considering the responses. It is painfully slow. Have we not seen with covid what is possible when we put our minds to something? Look at how tremendously quickly we have achieved amazing things through this year of trauma. I think that, with commitment, the Government could work faster on this.

[Ben Everitt]

We all share the frustration and want this to be done quickly, but it has to be done right. If it comes down to a choice between quick and right, we owe it to the leaseholders to do it right.

[Sarah Jones]

I hear what the hon. Member says, but whether we should have a system in law whereby we check that a lift is safe is really not that complicated. Of course there are experts, but throughout all stages of the Bill the Government and the Minister have referred to steering groups, taskforces and consultations, rather than actually implementing the recommendations. We could have gone much faster. The Government published the consultation on fire safety in July and it closed in October, but four months later they are still analysing the feedback. They cannot keep promising to act later; they need to act now. There really are no more excuses. There is no reason why this amendment could not be made. The Lords were right.

I will now move on to Lords amendment 4, to which many amendments have been tabled in an attempt to improve it and build on it. This morning I heard from many leaseholders in this very situation. They told me of their desperation, how their lives have been put on hold, how they face mental health issues, how their insurance has rocketed, how their waking watch costs are exorbitant, how they cannot get EWS forms and so cannot sell their homes, how they face costs of other fire remediation way beyond cladding, and how they live in blocks not covered by the Government schemes. Many of them face bankruptcy. They simply cannot understand the injustice of having to pay for things that were never their fault. They cannot understand how the Government do not get this and will not put it right.

[Christian Wakeford (Bury South) (Con)]

To echo the comment from my hon. Friend the Member for Milton Keynes North (Ben Everitt), it is about getting this right, rather getting it done quickly. Does the hon. Lady not agree that a lot of these policies that we are bringing forward have been measured, have been accepted by experts and are tackling the issue? It is right that we tackle those at most concern of not being safe first, and then follow through afterwards, rather than trying to do all of them at the same time and getting it wrong.

[Sarah Jones]

I thank the hon. Member for his intervention. I genuinely struggle to understand why the Government have not grasped the scale of this crisis and the quantity of people who cannot sell their flat, who cannot afford the costs that they are currently looking at, who cannot change jobs and who cannot get married or have children because their lives are on hold. Many are first-time buyers who have saved up, worked really hard and got their flat. If the Government would say today, “We will commit to legislate to say that lease- holders should not have to foot the bill”, we could accept that there was a commitment there, but there is not.

There is no commitment to say that leaseholders should not have to foot the bill. The words are said, but there is no action to put it into law. [Interruption.] The Minister says from a sedentary position that there is £5 billion, and that is true, but that does not cover the vast number of people who are still affected—the vast number of people whose lives are still on hold. One could say that some of them are perhaps traditional Conservative voters. We struggle on this side of the House to understand how the Treasury has not grasped the scale of this crisis and is not putting it right.

[Stephen Doughty]

I know for a fact that some of those affected are traditional Conservative voters. I have spoken to people from all walks of life, and they are in absolute anguish about this. They are being left in the dark. We had the announcement the other day—it was typical to announce a big sum of money and then not be clear about how much would come to Wales, how the system would work or when the money would come through. These people have been living in the dark and in anguish for months and for years, and it is completely unacceptable.

[Sarah Jones]

My hon. Friend is completely right. There is the idea that someone would have a long-term loan where they pay £50 a month. If someone needs to pay off a £20,000 loan, and that loan stays with the building, they have no chance of selling their flat. Nobody is going to want to buy a flat with a bill that high.

[Kevin Hollinrake]

What evidence does the hon. Lady have for that claim? This is a maximum charge per unit per month of £50. If she understands how property transactions work, that is a maximum of £600 a year, which capitalises to about £12,000. I am not saying it would not affect the value of that property, but it does not make them unsaleable. It makes them far more saleable—I draw the House’s attention to my declaration in the Register of Members’ Financial Interests—than they are today and actually affects the value by a relatively small amount.

[Sarah Jones]

The hon. Member said, “I am not saying it would not affect the value of that property”, and that is the key. This issue should not be affecting the value of the property when people have saved up for many years, worked hard, bought their flat and then through no fault of their own suddenly finds that the value of their property goes down because of the Government failure to deal with the problem.

Through successive lockdowns, the people in these blocks have gone to bed at night with the added pressure of sleeping in a building at risk of fire or being themselves at risk of bankruptcy and deep financial trouble. It is taking a heavy toll on people’s mental health and putting millions of lives on hold. Leaseholders have been trapped in this impossible position for far too long.

I hate that we are still having this conversation. I hate that I have stood here at this Dispatch Box time after time for years saying the same thing to Ministers, and I hate that good people on both sides of this House are saying the same things and it is still falling on deaf ears. The problem is not going to go away. The Government could legislate today to ensure that leaseholders do not pay by supporting the Lords amendment, the McPartland-Smith amendment or the Labour amendments. At this point, I do not mind which one they pick; I just want the job done.

[Jim Shannon]

One of the items that has been brought to my attention is that 57% of flats requiring remediation were purchased for under £250,000, which means that many of those people are living in negative equity in their properties. Does the hon. Lady agree that this is not about cake tomorrow, but about what happens today, and unless the Government accept the amendments that have been tabled, those people will feel that they have no hope for the future?

[Sarah Jones]

The hon. Member is absolutely right. We heard from a lady this morning that the cost of insurance for her small block had gone up from £30,000 a year to £500,000 a year. We heard from a lady who lives in a block in Kent—I know one Government Member has stood up for her in this place many times—where the residents have already spent £500,000 on a waking watch. It is quite extraordinary.

I was alarmed to see reports this afternoon that the Prime Minister’s press secretary, Allegra Stratton, has said:

“Our problem with McPartland’s amendment is that, far from speeding things up for constituents across the country who are worried about finding themselves in these properties, it would actually slow things down.”

That mirrors the intervention that the hon. Member for Strangford (Jim Shannon) has made, and it is an absolute cop-out. We are four years on, and leaseholders are struggling. We think that 11 million people are affected by this—not necessarily those living in dangerous blocks, but those living in blocks where they do not know, because they have not got the forms sorted and they are paying more insurance. That is a huge crisis.

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

Does the hon. Lady recall that in the Opposition day debate called by the Labour party just a few weeks ago, I asked the Minister, if our amendment is defective, why do the Government not take it, fix it, and make it work? They had the opportunity then. Does the hon. Lady think they should have done that?

[Sarah Jones]

The hon. Gentleman is absolutely right: if there were any problems with these amendments, they could have been addressed by the Government through this process. They had 12 weeks between the Bill leaving the Lords and coming here to try to effect some of these things, but have chosen not to.

The amendments tabled by the hon. Member for Stevenage (Stephen McPartland) and for Southampton, Itchen (Royston Smith) are to prevent leaseholders from being billed for fire safety repairs. Labour’s amendments went further, because the McPartland-Smith amendments—supportive and good though they are—would not cover leaseholders in blocks where flammable cladding had been added at some stage following the building of the block. Labour’s amendments would have included, for example, Grenfell Tower, which was built in the ’70s but to which the flammable cladding was added later, in 2017.

In our amendments (f), (g), (h) and (i) to Lords amendment 4, we have sought to go even further, to make sure that the cost of fire safety problems from refurbishment jobs such as the cladding of Grenfell Tower cannot be passed on to leaseholders. Our amendments (f) and (g) would ensure that leaseholders cannot be passed on the cost of remediating problems issued under the fire safety order wherever the problem was created. Labour’s amendment (i) would ensure that the Bill protects leaseholders from the day it comes into law, instead of an unknown date in the future, and Labour’s amendment (h) would have ensured that if the fire safety order is extended in the future, the Secretary of State must publish an analysis of the financial implications for leaseholders—although that amendment was not selected today, as it was out of scope. [Interruption.] You are hurrying me along, Madam Deputy Speaker, so I am turning pages so that I can speed up, which I will of course do.

To conclude, Labour’s amendments in lieu are straight- forward. They are based on issues that the Government need to address and have pledged to do so, but have not acted on. The risk of fire and looming bankruptcy will not wait while the Government dither and delay, with inaction or failed proposals that keep many lease- holders in debt. Each amendment I have spoken to today corresponds to a broken promise from the Government.

Today is another chance for the Government to finally put public safety first, and bring forward a set of legally binding commitments to deliver on the promises they made to leaseholders and implement the recommendations of the Grenfell phase 1 inquiry. Blameless victims of this crisis, who are in dangerous homes and facing financial ruin, expect nothing less. As debates over the past four years have repeatedly shown, solving this issue fairly would command cross-party support, and today should be a day to deliver justice. It is not too late for the Government to put the British public first and do the right thing.