UK Parliament / Open data

Fire Safety Bill

Proceeding contribution from Lord Greenhalgh (Conservative) in the House of Lords on Wednesday, 28 April 2021. It occurred during Debate on bills on Fire Safety Bill.

My Lords, I will not trade Alice in Wonderland anecdotes with the noble Lord, Lord Adonis, but I take issue with the point made by the noble Lord, Lord Kennedy, and the noble Baroness, Lady Pinnock, that this Government and Prime Minister have done nothing or sat on their hands.

The reality is that I was appointed a Minister, a little over a year ago, into this role. The previous Government had first committed £400 million and then, very reluctantly, an additional £200 million towards the costs of remediating the same cladding that was on Grenfell Tower—aluminium composite material. In the month I was made a Minister, the Chancellor committed a further £1 billion. Now this Chancellor and Prime Minister have committed a further £3.5 billion, taking the total funding to an unprecedented £5.1 billion. It is simply not correct to say that we are doing nothing; that is a considerable sum of money and a massive commitment to recognising that we need to dampen the impact of the costs of remediating the unsafe cladding—the major fire accelerant on these buildings—so that a tragedy like the Grenfell Tower fire never happens again.

I also take issue with the noble Earl, Lord Lytton, whose contributions I really enjoy; he is a property professional who speaks with great passion. The reality is that I spent the last year at the coalface, dealing with the tail of building owners who do not want to get on with the remediation—even when the funding is in place. There are two enforcement routes to get them to move even when they do not want to: one is the Housing Act 2004 and the other is the current fire safety order of 2005. It is recognised as an enforcement route, even for external cladding systems; it is just that some fire and rescue authorities feel that it is too ambiguous. That ambiguity, lack of clarification and operational disagreement between different fire and rescue services—I say this as Fire Minister—is a significant problem. However, one reason that remediation is happening today is that enforcement options are in place and this modest three-clause Bill is a very sensible clarification of the fire safety order of 2005.

We are at an impasse. I hope that we may get this vital Bill through, because it is important to get that legal clarity I have referred to. The safety of leaseholders and residents is paramount, and it will be compromised if we do not ensure that this Bill is placed on the statute book by the end of this Session. Tonight is the moment to decide that very fact. The Bill falling will not help leaseholders or make homes safer.

I turn to the amendment from the noble Lord, Lord Kennedy. It lacks clarity in prohibiting all kinds of remediation costs being passed on to leaseholders. It means that, where costs are minor, as a result of wear and tear, or even where leaseholders are responsible for damage, they would still not be expected to pay, which is not a proportionate response. I think all Members would agree that the taxpayer should not pay for all and every cost associated with remediation. The scope is far too broad to be a sensible solution.

In several ways, this amendment has the potential to make things worse for leaseholders; for example, it is unclear who should take responsibility for remediation works until a statutory funding scheme is in place to pay for the costs. This would result in all types of remediation being delayed, which is an unsatisfactory outcome for leaseholders. Practically speaking, on the amendment’s requirement to deliver particular requirements to Parliament within 90 and 120 days, we must be mindful that drafting legislation is a complex matter, which cannot be dealt with in the timeframe proposed. I note that the noble Lord is unlikely to press for a Division this evening, so I will not go any further, but to impose an arbitrary deadline, as stated, is neither helpful nor practical.

9 pm

I turn to the amendment proposed by the noble Baroness, Lady Pinnock, who has indicated that she wishes to test the will of the House. We see the same key elements of this amendment time and again and the other place has voted it down time and again. The same issues apply with this amendment. It lacks clarity, which will lead to delay. The scope is too broad and there are practical issues. For instance, regardless of blame and whether it is remediation or wear and tear, it seems like no leaseholder will ever have to pay more than £600 a year. What if a leaseholder is responsible for an attempt at renovations that is picked up in a fire risk assessment and has damaged part of the structure of the building? Is the noble Baroness really suggesting that the leaseholder should not pay for that?

A number of noble Lords have asked the Government to come up with their own wording to deal with this issue but, as I have stated before, the Fire Safety Bill is simply not the right place for these amendments. It does not have the legal underpinning to carry them. This issue does not belong here.

I place on record once again this Government’s commitment to an unprecedented sum of £5.1 billion to protect leaseholders from the costs of remediating unsafe cladding. We are committed to developing stronger avenues for redress and we are ensuring that developers contribute through our high-rise levy and developer tax.

In answer to the right reverend Prelate the Bishop of Rochester, it is quite clear that the ability to deliver and provide grants will be via the building safety fund, which is in operation today. If it is helpful, I can put on record that the financing scheme does not have to await any statutory passage of the building safety Bill and will be available as a very important way of protecting leaseholders in medium-rise buildings.

The only thing that would require statutory underpinning in terms of supporting leaseholders is the high-rise levy that would form part of the regime to collect a levy for those buildings that would be considered high risk at that point. That would form part of the building safety Bill. The vast majority of this does not have to wait for the building safety Bill to be passed. The building safety Bill will be helpful to strengthen redress and make it clear what charges can passed through to leaseholders to protect them from charges that they should not be paying for.

This Government always have been and will continue to be committed to delivering the recommendations of the Grenfell Tower inquiry. I respectfully urge noble Lords to reject the noble Baroness’s amendment. I reiterate that if we do not move forward with the Fire Safety Bill and get it passed tonight, it will fall and the Government will not be able to deliver the inquiry’s recommendations in relation to external walls and flat entrance doors. Ultimately, this means that the safety of residents and leaseholders could be compromised. I beg to move.

About this proceeding contribution

Reference

811 cc2368-2370 

Session

2019-21

Chamber / Committee

House of Lords chamber
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