UK Parliament / Open data

Fire Safety Bill

Proceeding contribution from Lord Greenhalgh (Conservative) in the House of Lords on Thursday, 1 October 2020. It occurred during Debate on bills on Fire Safety Bill.

My Lords, I thank everyone across the Chamber for contributing so constructively to this Second Reading debate. There have been a number of powerful contributions, but it is clear that all noble Lords who have spoken today have rightly focused on the safety of residents. Ultimately, what matters is saving lives from the terrible impact of fire. I

will address many of the points raised, although time will likely preclude me from providing a substantive response to all of the questions raised by noble Lords. Prior to that I will make a few comments.

As Members know, I have only relatively recently started in this post, but it underlines the importance that the Government place on building and fire safety that we now have a Minister working across two departments with the aim of driving forward these important reforms. I commit today that the package of reforms that has been mentioned will be driven at the fastest possible pace.

There have been a number of criticisms today about the lack of action from the Government since the Grenfell fire. I have outlined in the all-Peers letter and in my opening speech the measures the Government have undertaken, which have been supported by an unprecedented level of funding that has been made available, not just to support remediation of cladding but to improve the fire safety capability of fire and rescue services.

We are driving forward a once-in-a-generation change. The Bill is the first legislative step in this process and, as noble Lords can already see, we are committed to delivering the Grenfell recommendations through regulations following on from the fire safety consultation. As I have said before, the building safety Bill, which is currently subject to pre-legislative scrutiny, will deliver extensive and much-needed building safety reforms.

I extend my personal and sincerest welcome to my noble friend Lord Herbert of South Downs and offer my congratulations on his fine maiden speech. He brings formidable intellect and a first-class record of delivery as a Minister. I look forward to his contributions and to working with him in future. He was very eloquent about the social injustice involved in the Grenfell fire tragedy.

My noble friend Lord Kirkhope asked how individuals or businesses can determine whether they are a responsible person under the fire safety order. The order clearly sets out who is a responsible person, and their duties. To make it easier for individuals to confirm whether they are a responsible person, we are looking at ensuring that easy-to-understand guidance is available to aid self-identification.

I thank my noble friend Lady Sanderson for highlighting the importance of implementing the Grenfell Tower inquiry phase 1 recommendations in full. We have made that commitment, as I said in the all-Peers letter. We have a statutory duty to consult on the proposals to deliver these recommendations, and the responses to this will help us get the legislation right. I reassure all noble Lords that this Government are and have always been committed to implementing, where appropriate, legislation for the inquiry’s recommendations, as was set out in our manifesto.

The noble Baroness, Lady McDonagh, asked whether HMOs are in scope. They are clearly in scope, except for the domestic premises within that. The noble Lords, Lord Kennedy and Lord Whitty, also raised the issue of scope. This is for all multi-occupied residential buildings, not just buildings over 18 metres, which is a difference from the building safety Bill.

The noble Baroness, Lady McDonagh, also asked about impact assessments. An impact assessment has been carried out for both this Bill and the fire safety order consultation. I can direct her to that if necessary.

My noble friend Lord Bourne wanted some statistics, and I am happy to give him some. So far, 50% of the 458 buildings have completed remediation or removed the unsafe ACM cladding.

My noble friends Lady Sanderson and Lord Bourne, the noble Lord, Lord Stunell, and the noble Baroness, Lady McDonagh, all raised the need to get the package of reforms right. I will provide information on the implementation of the fire safety consultation and the building safety Bill as far as I can, because that package of measures—together with the creation of a new regulator, which already exists in shadow form in the Health and Safety Executive—is how we will coherently reform the system needed to ensure we never see this tragedy happen again.

I reassure my noble friend Lady Sanderson that we are committed to delivering the reform and bringing the legislation forward to underpin this. The fire safety consultation, as she mentioned, will close on 12 October. Following on from this, we aim to publish a response in early 2021. Where these proposals require legislative changes, the intention is to deliver those through regulations in spring 2021 where appropriate, and, where amendment to the fire safety order is required, through primary legislation in the draft building safety Bill. That Bill is currently subject to pre-legislative scrutiny, which should conclude by the end of the year. We will look to finalise it for introduction to Parliament as soon as practical.

The noble Lord, Lord Shipley, raised the subject of access to information for residents. This is covered in our proposals in the fire safety order consultation: responsible persons have to provide comprehensive information to residents, including sharing fire risk assessments with new responsible persons. There is always a golden thread of continuity in providing that information.

The noble Lord, Lord Storey, wanted information on the timing for the commencement of the Fire Safety Bill. Recognising the operational implications that the Bill could have, we have established a task and finish group made up of operational experts in fire safety. Its role is to advise the Government on the most optimal way of commencing the Bill. The Home Office received the group’s advice earlier this week. Its broad recommendation is to implement the Bill’s provision all at once and to take a risk-based approach to do that. We are considering a number of more detailed policy and operational issues; I intend to set this out in more detail in Committee.

The noble Lords, Lord Stunell and Lord Shipley, my noble friend Lady Eaton and the noble Baroness, Lady Wheatcroft, all mentioned the burden that could fall on leaseholders in many cases. We recognise this issue and are working on measures to address these concerns as part of the process of finalising the building safety Bill as it passes through the other place and this House.

The noble Lords, Lord Stunell and Lord Shipley, and the noble Baroness, Lady Wheatcroft, asked what funding had been provided to support the fire and

building safety reforms. I mentioned in my opening speech that £30 million of additional funding will be provided to fire and rescue services and the National Fire Chiefs Council this year in response to the Grenfell Tower fire, and I have gone through the elements of that funding package.

The noble Lords, Lord Whitty, Lord Monks and Lord Kennedy, and the noble Baroness, Lady Wilcox of Newport, all mentioned the concerns raised by the Fire Brigades Union on this Bill, particularly on capacity issues and funding. Fire and rescue services have the resources they need to do their important work. It is the responsibility of each fire and rescue authority to assess the risks in its area and determine how best to allocate its resources effectively across all its prevention, protection and response functions to mitigate the risks facing its community. This includes deciding the number of fire safety officers needed to deliver its fire safety enforcement duties under the fire safety order. As I have stated, the Government are investing £30 million of additional funding to help with this approach.

A number of noble Lords, including the noble Baronesses, Lady Pinnock and Lady McDonagh, and the noble Lords, Lord Stunell, Lord Whitty and Lord Shipley, and my noble friend Lord Kirkhope, mentioned issues around shortfalls of fire engineers and fire risk assessors. We are working with the sector to develop a plan and a clear approach. We are also funding the British Standards Institution to develop guidance and work with professional bodies on training.

In response to the noble Baroness, Lady Wheatcroft, on the speed of carrying out these fire risk assessments, I say that we will take a risk-based approach. That is the advice we have received. I also point out to the noble Lord, Lord Kennedy, and the noble Baroness, Lady McDonagh, that there is no intention to have anything other than properly qualified fire safety officers carrying out the fire risk assessments. Indeed, we are also looking at plans to build the capacity to carry out the assessments needed for high-risk buildings, as we recognise that there is a shortage of fire engineers. There are plans afoot to work with professional bodies to do this.

My noble friends Lord Bourne and Lord Randall, and the noble Lord, Lord Tope, raised electrical safety and the importance of thinking about the causes of these fires and how we respond to them once they have occurred. The noble Lord, Lord Tope, asked what the Government were doing with regard to electrical equipment and appliances. The Office for Product Safety and Standards was created in 2018 to lead and co-ordinate the product safety system, including responding to incidents and recalls. The Government have also provided £12 million a year of additional funding for product safety regulations since 2018.

The new Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 are now in force and will apply to new tenancies from 1 April 2021. These regulations require that electrical installations be inspected and tested by a qualified person at least every five years. Social landlords are expected to comply with the decent home standard by the Regulator of Social Housing. This includes homes being free of

hazards, including electrical hazards, as set out under the housing health and safety rating system. In the social housing Green Paper, we asked whether new safety measures in the private rented sector should be extended to the social sector. We are considering responses to the consultation and will bring forward a social housing White Paper soon.

I say to the noble Lord, Lord Tope: let us work together and see whether there are specific gaps that we can address through appropriate legislation. The building safety Bill may be a vehicle in which to address some of the gaps that we may be able to plug. I look forward to working with him constructively on these matters. We are happy to meet Electrical Safety First at officer level and discuss further our approach.

The noble Baroness, Lady Pinnock, and the noble Lord, Lord Shipley, mentioned flat entrance doors. Regarding entrance doors to communal areas, under the fire safety order, the occupier of any private domestic premises should co-operate with responsible persons to enable them to carry out their duties, which include assessing the full fire safety risks for flat entrance doors. Our fire safety consultation seeks views on whether the provision under the fire safety order ensures the effective co-operation between the occupier of any domestic premises and the responsible person. The noble Lord, Lord Kennedy, also raised difficulty of access. Most of the powers in that area come under the Housing Act 2004.

The noble Baroness, Lady Wilcox of Newport, gave a characteristically positive overview of what is happening in Wales. I make a commitment that we will work with all the devolved Administrations in ensuring that our approach takes in all the best practice that we can learn. I noted her point that a White Paper will be published. However, the context in Wales is different from that in England. There are only 147 high-rise residential buildings in Wales and well over 11,000 in England. The sheer scale and magnitude of the issue is much greater here. However, I make a genuine commitment to her and my noble friend Lord Bourne that we will learn lessons from the Welsh Assembly.

My noble friend Lord Bourne and the noble Lord, Lord Whitty, raised the progress of the path to justice and asked about the number of people interviewed under caution in relation to the Grenfell Tower tragedy. I shall have to write to noble Lords on that matter. We all want to see justice done for the 72 people who lost their lives.

I have not been able to respond to all the substantive points raised by noble Lords. Where that is the case, I will make sure that I respond in writing. Noble Lords should feel free to contact me. Although I appreciate that some would wish us to go much further, I welcome the cross-party support for the provisions in the Bill. Where noble Lords wish to go further, in most instances it is not the case that we disagree but that we see it as something we are seeking to address either through the fire safety consultation or the draft building safety Bill, already published.

This Government are steadfast in their determination to see this Bill enacted and implemented as quickly as practicable. I commend it to the House and beg to move.

Bill read a second time.

About this proceeding contribution

Reference

806 cc353-8 

Session

2019-21

Chamber / Committee

House of Lords chamber
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