Building Safety Bill (Sixth sitting)

Siobhan Baillie Excerpts

Thursday 16th September 2021 Public Bill Committees

[Daisy Cooper (St Albans) (LD)]

I have been struck by the outbreak of cross-party consensus on the content of this and the previous amendment. The dispute is about where it sits. If Government Members do not wish to see it in the Bill and we do not yet have a planning Bill to look at, I wonder whether the Minister might be able to provide some assurances that he would be willing to consider setting up an alternative mechanism that would be in between planning and housing, to look at precisely these kinds of issues that come up, as a form of horizon scanning.

On a slightly different note, which is slightly tangential to the amendment, we took evidence in our hearings, particularly from the Fire Brigades Union, on the need for a mechanism to do horizon scanning. I wonder whether that might be the place to take up these kinds of issues, and whether the Minister might be willing to provide assurances that he would consider such a proposal.

[Siobhan Baillie (Stroud) (Con)]

It is a pleasure to serve under your chairmanship, Mr Davies. I do not think I was articulate enough when discussing the previous amendment, when we talked about the process of adding amendments. I feel strongly that legislation needs to be functional and clear, and that it should be implemented as swiftly and simply as possible. It has to be understood by lay people, even if they are reading it in a rush, as we have seen with the amazing witnesses who have come forward, having become building experts because they have had to look into issues in their own buildings.

I fear that giving the regulator a role and an objective to prevent the injury of the health and wellbeing of an individual is a recipe for challenge and confusion, even though it may be well meaning.

[Mike Amesbury]

Will the hon. Member give way?

[Siobhan Baillie]

I will if the intervention is short.

[Mike Amesbury]

I will keep my intervention brief; you, Mr Davies, are seasoned in keeping them as such. The regulator is what it says on the tin: it is a health and safety executive, covering health and wellbeing and certainly safety. I actually disagree with the point that the hon. Member is making, quite eloquently and powerfully.

[Siobhan Baillie]

I will come to that intervention shortly, but I was just about to say that a quick google of the definition of the word “wellbeing” is quite telling. The top result notes that it is

“a state of being comfortable, healthy or happy.”

As Members know, one man or woman’s happiness and comfort is another man or woman’s woe. A quick search of “wellbeing” hashtags across Instagram is even more illuminating as to what makes people healthy, happy, and feeling that the “wellbeing” box is ticked. My overarching view is that we do not want to be too prescriptive to the regulator.

[Shaun Bailey]

I relayed this point to my right hon. Friend the Minister earlier. Does my hon. Friend agree that it is very important that the regulator should not be siloed in its approach to building safety? While I agree with the point that she is articulating about the broad definition of welfare, does she agree that it is going to be important to ensure that the regulator is looping in with different agencies and organisations, so that it can take a holistic approach to its objectives?

[Siobhan Baillie]

I absolutely agree with that point.

As I said regarding an earlier amendment, the definition of the requirements and the core functions as set out to the Building Safety Regulator will require it to go out to a range of different agencies. The hon. Member for Weaver Vale made a point about the Health and Safety Executive. I am a member of the Select Committee on Work and Pensions. The Health and Safety Executive is world-leading in many ways, and is going in and out of businesses looking at, for example, issues surrounding covid. It is very much people-focused, and I believe that giving the regulator the absolute ability to determine safety is important. I do not think that the amendment is necessary; I think it could end up creating more confusion and issues, particularly surrounding what health and wellbeing means to individuals. As such, I urge the hon. Gentleman to withdraw the amendment.

[Ruth Cadbury]

It is a pleasure to serve under your chairmanship again, Mr Davies. The Minister has said that this Bill will bring in a new era for building safety, but will it? I agree that it is better than nothing—it is definitely an improvement on the legislative framework that we have had until now—but I am concerned about all of the gaps where people are working in, living in and occupying the many buildings that are outwith the scope of the Bill as currently drafted. That is why amendment 10, which stands in my name and that of my hon. Friend the Member for Weaver Vale, needs to be in the Bill. As many witnesses have told us, the safety of a building depends on a range of factors, including its location and what it is used for. If a tower block is located underneath the arrival path of an airport, for instance, that is a safety issue as well as a planning issue. As we will see in later clauses, so many occupants and so many types of buildings are excluded from this Bill. It is called the Building Safety Bill and, in my view, a building safety Bill should be about making all buildings safe.

It is not clear whether the Bill will protect students in student accommodation. We all remember when fire ripped up the sides of The Cube in Bolton, so are student residences protected? Are care home residents covered by the scope of this Bill; will they be protected if a fire rips through their building or up its sides? Of course, care home residents are, almost by definition, among the least mobile in our communities, perhaps superseded only by occupants of hospital beds. They cannot move quickly in the case of a fire, and my understanding is that they are excluded from the scope of the Bill.

--- Later in debate ---

[Christopher Pincher]

Dame Judith Hackitt’s independent review identified that competence needed to improve across the built environment sector. It challenged the industry to show leadership and take responsibility for raising competence. The Building Safety Regulator will play a key role in supporting the industry to raise its competence levels. One of the regulator’s core functions will be to assist and encourage those in the built environment industry and the building control profession to drive improvements in competence.

For industry, the regulator is expected to do this by working with the industry competence committee to oversee and support the industry’s work to raise competence. The regulator will set the strategic direction of the committee, to ensure that its work supports the regulator’s plans and priorities and the needs of the sector. It will also carry out importantThe regulator, with advice from the committee, may propose changes to building regulations and/or regulations under part 4 of the Bill to the Secretary of State on industry competence matters. The regulator’s role will also be to increase building safety by improving compliance with building regulations and raising standards in the building control profession.

Through the clause, the regulator can demonstrate leadership of the profession, developing a strategy to increase the competence of registered building inspectors. Exactly how that will be done is a matter for the regulator, but it might produce advice or guidance, or identify areas where it can develop training to upskill registered building inspectors. It may also convene working groups or advisory committees, or commission research and analysis to further inform areas for improving competence.

The provisions will help position the Building Safety Regulator at the heart of industry and the building control profession.

[Siobhan Baillie]

I was struck by the evidence from the industry experts we heard over the past week or so in their desire to improve and to see improvements, and in their recognition of the fact that Governments of all colours had not brought about a Bill such as this, which is very welcome. Yes, things can be improved, but we will be debating changes as we go along. Does the Minister agree that the regulator may be pushing at an open door when seeking to improve the clause?

[Christopher Pincher]

I, too, heard the evidence provided to the Committee by a range of experts and industry players. In Parliament and beyond, we have heard from the development sector. If there is an open door, I trust that the Building Safety Regulator will make sure that it stays wide open, and should it ever close, I trust that the regulator will play a role in pushing it back open. It is important that the regulator monitors emerging risks or gaps in competence, surveys the landscape, as we have already identified and agreed, and considers carefully whether further action is warranted or appropriate. I agree with my hon. Friend that it is important that the regulator works with the sector and the industry and, where appropriate, takes action to make sure that the competence that we require across the sector is complied with.

The clause creates a key and influential role for the regulator to help drive up collective standards. We believe that it is an important clause as we embed the regulator in the Health and Safety Executive and define its role and responsibilities. I commend the clause to the Committee.