PARLIAMENTARY DEBATE
Fire Safety Bill - 24 February 2021 (Commons/Commons Chamber)
Debate Detail
It may be helpful for Members who wish to take part in today’s debate to know that there will be an initial four-minute time limit on Back-Bench speeches. That gives people the opportunity to tailor their remarks accordingly.
After Clause 2
Risk based guidance about the discharge of duties under the Fire Safety Order
Lords amendment 2, and Government motion to disagree.
Lords amendment 3, and Government motion to disagree.
Lords amendment 4, amendment (e) thereto, Government motion to disagree, and amendments (a) to (c) in lieu, amendments (f) and (g) in lieu, amendment (d) in lieu and amendment (i) in lieu.
Lords amendment 5, and Government motion to agree.
Lords amendments 1 and 5 were moved by the Government on Report following advice that the Home Office received from fire safety operational experts on how to commence the Fire Safety Bill. In Committee, I announced that the Home Office had established an independent task and finish group whose role was to provide a recommendation on the optimal way to commence this Bill. The group was chaired jointly by the National Fire Chiefs Council and the Fire Sector Federation, and it brought together experts from across the fire and housing sectors.
On 28 September, the task and finish group submitted its advice to the Home Office that the Bill should be commenced at once for all buildings in scope. The Government accepted this recommendation.
The group also recommended that responsible persons under the Regulatory Reform (Fire Safety) Order 2005 should use a risk-based approach to carry out or review fire risk assessments, upon commencement, using a building prioritisation tool, and that the Government should issue statutory guidance to support this approach. The Government accepted this recommendation, which will support responsible persons. The Home Office, with support from the National Fire Chiefs Council and the Fire Sector Federation, will host the model once it has been finalised.
Lords amendment 1 will allow us to take forward the provision of statutory guidance to support that approach. The amendment ensures that the risk-based guidance, which will be issued by the Secretary of State to support commencement of the Bill for all relevant buildings, will have the appropriate status to incentivise compliance. It does this by stating explicitly that a court can consider whether a responsible person has complied with their duties under the fire safety order by complying with the risk-based guidance. Equally, if a responsible person fails to provide evidence that they have complied, it may be relied upon by a court as tending to support non-compliance with their duties under the order.
The amendment also creates a provision to allow the Secretary of State to withdraw the risk-based guidance, but this can be done only after consultation with relevant stakeholders. Our rationale for inserting this provision is that we believe a point will eventually be reached where, having followed a risk-based approach to prioritisation, responsible persons will have assessed all the fire safety risks for the external walls of their buildings. At that stage, there may no longer be a need for the guidance to remain in place.
I assure Members that the Government will commence the Bill at the same time as issuing the guidance, and Lords amendment 5 ensures that will happen. This amendment gained the support of the Opposition in the other place when put to a vote on Report. I also recall the comments of the hon. Member for Croydon Central (Sarah Jones) in Committee, when she said this Bill should be commenced at once for all buildings in scope and that a risk-based approach, like the one modelled in her home town of Croydon, should be adopted.
One of the recurring themes during the passage of this Bill has been concern over the number of fire risk assessors with the skills to undertake work on external wall systems. The task and finish group considered this issue as it looked at how responsible persons will be able to update their fire risk assessments, given there is limited capacity in the fire risk assessment sector—primarily of fire engineers working on complex buildings.
The group’s recommendation for a risk-based approach to an all-at-once commencement, on which we are acting, is the most practical way to deal with what is a complex issue. Our approach sends a signal to the fire risk assessor sector—mainly fire engineers—that their expertise should be directed where it is needed most, to the highest-risk buildings.
I thank all members of the task and finish group for their work in developing advice to the Home Office. The group has provided an optimal solution for commencing the Fire Safety Bill, allowing the Government to introduce the provisions at the earliest opportunity. It is important that we continue the good work undertaken with those relevant stakeholders on the task and finish group to regularly monitor the effectiveness of the risk-based guidance and the building prioritisation tool. These provisions will allow us to take forward the recommendations from operational experts in the field of fire safety. I hope that hon. Members will support Lords amendments 1 and 5, as agreed in the other place.
Lords amendment 3 seeks to introduce a power that the Secretary of State must use to make regulations to establish and keep up to date a public register of fire risk assessments. As you have confirmed, Madam Deputy Speaker, this amendment engages financial privilege and will not be debated. The amendment invokes significant financial concerns. To provide a sense of the scale of costs, we can point to two things. First, based on the number of buildings requiring a fire risk assessment, our initial estimate is that the cost to the public purse of a public register of fire risk assessment is above £2 million per annum.
Secondly, these costs would likely be broadly commensurate with the expenditure of maintaining a database of energy performance certificates. That system was mentioned by Opposition colleagues in the other place, who stated that something similar should be introduced for fire risk assessments. The current database of energy performance certificates is housed centrally in the Ministry of Housing, Communities and Local Government. The current costs for this are around £2 million per year, but under private contractual arrangements used previously, they were approximately £4 million a year. Notwithstanding the issue of financial privilege, I sympathise with the intent behind the amendment, and we will not rule out doing this in the future. However, there is a need for detailed policy consideration prior to implementation of such a database, which makes this the wrong time to impose this measure in primary legislation.
I raise just a couple of points to underline our view that the amendment is not appropriate. The amendment would, in effect, create a legal duty on responsible persons to make publicly available the full fire risk assessment for all buildings falling within the scope of regulation owing to the fire safety order. In its current form, the amendment would potentially mean that anyone would be able to access the fire risk assessments for a wide range of premises, including schools, hospitals, care homes and Government buildings. We would have concerns over the risk that posed to security, particularly if the information was accessed by somebody with malicious intent.
Linked to the security issue is the level of information that could and should be made available if a system of recording fire risk assessments is created. For example, a fire risk assessment can often be technical and is very different from an energy performance certificate. It may, for example, prove more effective and transparent to publish a summary of a fire risk assessment, rather than the full document. However, the Government agree with the principle of residents being able to access vital fire safety information for the building in which they live, and we propose introducing legislative provision to allow them to do so in our fire safety consultation. It is important to take a proportionate and appropriate approach to sharing information with residents. However, I hope that hon. Members will understand my concerns and the reason why the Government will resist the amendment.
Lords amendment 2 would place in primary legislation several specific requirements on the owner or manager of a building that contained two or more domestic premises. I recognise that many in this House and the other place wish to see legislative change on this as soon as possible. The Government share that objective, which is why we committed to implementing and legislating for the Grenfell inquiry’s recommendations in our manifesto. The Fire Safety Bill is the first step towards this. It was always intended to be a short, technical piece of legislation designed to clarify that structure, external walls and flat entrance doors should be included within the fire safety order. We need to deliver on that as soon as possible, to ensure that fire risk assessments are updated to take account of the risks in those areas. We intend to implement the areas specified in Lords amendment 2 through regulations, and as such the amendment is unnecessary.
It is not helpful, I have to say, for the House to keep returning to this issue. It risks causing confusion, as we saw through misleading media coverage of Commons Report stage. It also raises doubts in relation to the Government’s commitment to implementation, when all along we have been crystal clear about our intentions. I reassure the Grenfell community, who I know were distressed by the publicity at Committee stage, and those in the House and the wider public that the Government remain absolutely steadfast in our commitment to implement the inquiry’s recommendations.
I am sure everyone across the House accepts the importance of consulting when proposing significant changes to legislation. The importance of that was underlined by the Grenfell inquiry chair, who said that it was important that his recommendations
“command the support of those who have experience of the matters to which they relate.”
Furthermore, the National Fire Chiefs Council’s published response to our fire safety consultation states:
“NFCC supports the Government’s approach to publicly consulting on how to implement the Grenfell Tower Inquiry Phase 1 recommendations. This consultation provides an opportunity to gather wider views on how to practically deliver the recommendations in a way that brings the maximum benefits to public safety.”
I should restate to the House that we intend to use article 24(1) of the fire safety order, which provides a regulation-making power and a statutory duty to consult, to deliver the Grenfell Tower inquiry’s recommendations. Our proposals will include creating new legal duties for the responsible person in the most practical and effective manner. This includes a proposal for the responsible person to provide information to their local fire and rescue authority about the design of their building’s external walls and the materials they are constructed from, and provide it with up-to-date building floor plans in a standard format, highlighting the location of key firefighting systems within their building. Responsible persons will be required to undertake checks of flat entrance doors, fire doors in the common parts and self-closing devices. Regular inspections of all lifts and other key firefighting equipment in their building will be mandatory, reporting any faults to their local fire and rescue authorities alongside this. There will be an obligation to produce and regularly review evacuation plans for their buildings, and we will look to impose requirements on premises’ information boxes, which will include up-to-date floor plans and other documents as recommended by the inquiry. We will also require the installation of way-finding signage in all multi-occupational residential buildings of 11 metres and over. We are also committed to seek further views on the complex issue of personal emergency evacuation plans. A further consultation will open in the spring and details will soon be available on the Government website.
Some of our proposals from the consultation will require primary legislation. These include strengthening the effect of guidance relating to the discharge of duties under the fire safety order; providing for responsible persons in all regulated premises to record who they are and to provide a UK-based address; the placement of a new requirement on responsible persons for all regulated premises to take reasonable steps to identify themselves to all other responsible persons—this could apply, for example, to a building that houses both commercial and residential units; a requirement that those completing a fire risk assessment must be competent; an obligation on all responsible persons to record their completed fire risk assessments; and for responsible persons to record the name and organisation of those they have engaged to complete the fire risk assessments. There will also be the obligation that any outgoing responsible person be required to pass on all relevant fire safety information to those taking over such responsibilities under the fire safety order. And there are potential measures to increase fines, particularly with regard to the impersonation of an inspector. We intend to include those measures, and possibly others, in the Building Safety Bill, which will be introduced after the Government have considered the recommendations made by the Select Committee on Housing, Communities and Local Government and when parliamentary time allows.
I also wish to place on record the Government’s view that there are fundamental flaws with this Lords amendment. First, on the issue of lift checks, the Grenfell inquiry’s recommendation was specific in that it called for checks of lifts to be carried out on high-rise buildings at monthly intervals. The Lords amendment goes a lot further and applies to all multi-occupied residential buildings. That means that even if such a building was only two storeys high but happened to have a lift, it would require the same approach as a high-rise block. This is not a proportionate solution.
I am also concerned about how inflexible this amendment is. In respect of both lifts and fire doors, it offers no ability to change the frequency of checks without further primary legislation. For example, it may be the case in future that the most appropriate course of action to respond to an evolving situation would be to have a bespoke checks regime for certain types of building that is different from that for other properties. This is but one example of how this amendment could constrain the Government’s ability to keep residents safe, and it is right that we maintain the flexibility to react responsibly to future changes in circumstances.
We have talked about the financial privilege grounds in relation to this amendment, and the reason for this is that we already intend to cover the areas of the Grenfell Tower inquiry’s recommendations mentioned in the Opposition amendment through regulations. We have provided an estimate of the impact of our consultation proposals, which has also been published on the Fire Safety Bill pages of the parliamentary website. It is important to mention in respect of undertaking monthly checks on lifts in all buildings, for example, rather than just in high-rise residential premises, that the costs would be significantly higher than we have accounted for.
I am also concerned about the territorial scope of this amendment. The Bill applies to England and Wales, with the exception of the Government’s amendment on risk-based guidance, which will be for England only. The Opposition want this amendment to apply to Wales, but it does not have the explicit consent of the Senedd. The Welsh Government have expressed the view that this would be a breach of the Sewel convention.
I reiterate the Government’s view that this amendment is unnecessary. It seeks to create delegated powers to lay regulations on these specific areas, despite the fact that this power already exists under article 24(1) of the fire safety order. However, I recognise that those on both sides of this House, those in the other place and the public want greater reassurance that we will deliver on our commitment to implement the Grenfell Tower inquiry’s phase 1 recommendations. It is important that we reach a conclusion on this issue, not least because we owe that to the Grenfell community, and I want to underline the Government’s commitment to delivering on the inquiry’s recommendations.
The Fire Safety Bill is an important first step in the process, which must come first in terms of sequencing. Our intention is to commence this as soon as possible, with supporting risk-based guidance to be ready to support commencement. This will ensure the highest-risk buildings are assessed first. We intend to respond formally to the fire safety consultation shortly. Following on from that, we intend to bring forward regulations as soon as possible. In addition, we have brought forward the Building Safety Bill, which was recently subject to pre-legislative scrutiny. We aim to introduce this after we have considered the recommendations from the Housing, Communities and Local Government Committee report. To underline the Government’s firm commitment to deliver on the Grenfell Tower inquiry’s recommendations, we have published our first quarterly updates on the progress being made to implement the recommendations. These updates are broken down by the themes set out in the inquiry’s phase 1 report on the Government website.
In the interests of getting the Bill finalised and to deliver on important building safety reforms, we were prepared to offer a legislative amendment that would require the Government to report back to Parliament on the specific areas highlighted in the Opposition amendment within 12 months of commencement of the Bill. That would have resolved this issue, and I am disappointed that my offer of this amendment was not accepted by the Opposition. For the extensive reasons I have provided, I hope the House will agree that we are right to reject Lords amendment 2.
Lords amendment 4 seeks to protect leaseholders and tenants from paying for the remediation of unsafe cladding from their buildings. I recognise that a number of alternative amendments have been tabled. I expect we will hear a number of views on this issue today, and I intend to respond to them at the end of the debate, given that many of those interventions will be virtual. First, I should state that we agree with the intent to give leaseholders peace of mind and financial certainty. That is why the Government have recently announced that we will be providing an additional £3.5 billion to fund the removal and replacement of unsafe cladding, targeted at the highest-risk buildings. That brings the total investment in building safety to an unprecedented £5 billion.
Government funding does not absolve building owners of their responsibility to ensure their buildings are safe. We have been clear that building owners and the industry, as my hon. Friend has just said, should make buildings safe without passing on costs to leaseholders. They should consider all routes to meet costs including, for example, through warranties and recovering costs from contractors for incorrect or poor work.
We have always been clear that all residents deserve to be and feel safe in their homes. We are working at pace to ensure remediation of unsafe cladding is completed, and we have an ambitious timescale to do so. As I said earlier, about 95% of high-rise buildings with Grenfell-type ACM cladding identified at the start of 2020 have completed remediation or had works on site by the end of last year. However, I am afraid the Bill is not the correct place for remediation costs to be addressed. It is a short but critical Bill to clarify that the fire safety order applies to the external walls, including cladding, and flat entrance doors in multi-occupied residential buildings. That means the responsible person must include those parts of the building in their fire risk assessment. That does not include the remediation of historical defects. It does not have the necessary legislative detail that would be needed to underpin such amendments in regulations. The Building Safety Bill is the appropriate legislative mechanism for addressing these issues, and it will be introduced in the spring. It will contain the detailed and complex legislation that is needed to address remediation costs.
Members will be aware that, as I have said, we will soon be bringing to Parliament the Building Safety Bill, which is a once-in-a-generation change to the building safety regime. It will bring about fundamental change in both the regulatory framework for building safety and the construction industry culture, creating a more accountable system to ensure that a tragedy such as Grenfell can never happen again.
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.
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.
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?
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.
Nearly four years after Grenfell, and over a year after the recommendations were published, we have waited ages. It is shameful that these things are not enshrined in law.
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.
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.
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.
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.
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.
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.
It is a great pleasure to see the Minister in his place and responding to this debate. I listened to him very carefully and I detect a hint that there could be a compromise, for which I and my hon. Friend the Member for Southampton, Itchen (Royston Smith) have been calling for many months now. We are very keen to work with the Government. We are very keen for the Government to table an amendment in lieu, to accept our amendment today or, if the Minister feels so inclined, even to move our amendment to a vote to test the will of the House, but I imagine that, sadly, we will not have the opportunity to vote on what is called the McPartland-Smith amendment today.
I would like to pick the Minister up on the point he made about this Bill not being the correct place for the amendment. I believe it is, which I will come on to in a moment. I would also like to put on record that I, my hon. Friend the Member for Southampton, Itchen, those who have supported our amendment and the leaseholders themselves are all very clear that we have never asked the Government to pay for the full costs of remediation, or the taxpayer to bail people out. We just want the taxpayer to provide a safety net for leaseholders to ensure the fire safety works are actually undertaken; it has been nearly four years.
We want to be in a position whereby the Government provide the cash flow up front, and then they can levy those who have been responsible within the industry to recoup those funds over the next 10 years. That is our plan and objective. We would love to work with the Minister and the Government to get this resolved in the Lords. I say to the Minister today that their lordships have already agreed to re-table the amendment if it is not accepted. It will be tabled in the Lords on Friday. I am sure we will be back to discuss this later on—in a few months. So I hope that we can work in the in-between time to come to some solution together.
I am very proud to be the Chairman of the Regulatory Reform Committee. The Fire Safety Bill does amend the Regulatory Reform (Fire Safety) Order 2005. The reason why the Bill is so important is that it creates a financial obligation on leaseholders to pay freeholders for the costs of remedying any fire safety defects on external walls and doors, such as cladding, but not limited to cladding, so it can include fire safety breaks and a whole variety of other issues. I assume that this is an unintended consequence. The Government do not want leaseholders to pay—that is very clear from what the Minister said earlier—but they are not sure how they can resolve the problem and get the works fixed without leaseholders actually paying.
From my point of view, we are very keen to ensure that leaseholders are not responsible. In terms of dealing with that order, we have to amend the Fire Safety Bill, because we cannot wait for the Building Safety Bill. The Fire Safety Bill creates this legal obligation. It creates the position whereby a fire authority, which is a competent authority, can order a freeholder to do the works. They have 21 days to agree to do the works and provide a timescale, or that is a criminal offence. Once they have had this direction from a competent authority, the leaseholders are then required to refund the freeholder for the works that are done. Up and down the country we already have thousands of leaseholders who are on the verge of bankruptcy—some have already gone bankrupt—just waiting and, before they actually get to the costs of remediation, paying £15,000 a week for waking watch in blocks of flats and excessive insurance premiums. The costs are huge.
I urge the Government to accept our amendment, to let us vote on it, or to work with us to ensure that we resolve this issue in the Lords and that leaseholders do not have to pay.
The Housing, Communities and Local Government Committee has discussed the issue of cladding remediation and fire safety works on many occasions. In June, we made it clear that
“residents are in no way to blame”
for defects from cladding
“and it is our view that they should bear none of the cost of remediation.”
We repeated those sentiments in our prelegislative scrutiny of the Building Safety Bill. Again, we said:
“The Government must recommit to the principle that leaseholders should not pay anything towards the cost of remediating historical building safety defects…for which they were not responsible.”
That is very clear.
The question is who should pay: the initial developer—the Government could help to co-ordinate action against them—the taxpayer, of course, or the industry as a whole? Unfortunately, the amendments tabled by the hon. Member for Stevenage (Stephen McPartland)—I very much agreed with the sentiments of his comments—and by the Labour Front Benchers seek to place responsibility on the freeholder.
For reasons that the Minister gave, those amendments cut across the contractual relationship between freeholder and leaseholder. The hon. Member for Thirsk and Malton (Kevin Hollinrake), who raised this issue a number of times in the Select Committee when he was a member, showed that freeholders are often quite small companies that, where they were not responsible for the initial development, simply collect ground rent. If faced with the cost of remediation, they would simply walk away. Those amendments will not get the work done. That is the fundamental issue. We want to see it done without leaseholders having to pay for it.
Turning to who should pay, certainly, the Government have put on the table £3.5 billion in addition to the £1.6 billion, but that does not include anything other than cladding remediation. All the other works, which for many leaseholders are as substantial in cost as cladding remediation, are not covered, and of course that funding does not cover buildings below 18 metres.
The Government have come up with a loan scheme for buildings below 18 metres, but that places the loan charge on the freeholder. Surely, we are back to the same problems: if we cannot interfere with the contractual relationship between the freeholder and the leaseholder—according to the Minister, with respect to the amendments before us from the Opposition and the hon. Member for Stevenage, we cannot—then surely that is a problem for the Government’s loan scheme too, and if freeholders are going to walk away from a direct charge on properties, as the hon. Member for Thirsk and Malton said, they will walk away from a loan too. That is a real problem that the Government have to address.
I welcome that the Government are going to introduce a levy and a financial contribution from the industry, but we appear to be in a position where they cannot tell us whether the money raised from the levy will be in addition to the £3.5 billion or whether it will be taken from the £3.5 billion—in other words, that the Treasury will get some of that money back. That, to my view, would be wrong. The Minister is going to come to the Select Committee on 8 March; hopefully, we will be a bit wiser after that visit.
Finally, we have talked a lot about leaseholders, but what about social housing tenants? The National Housing Federation says that there is £10 billion of remedial work to be done in the social housing sector, and more for council housing properties, yet the only automatic right that social housing landlords have to any funding is for help with the removal of ACM cladding; everything else they are likely to have to pay for. Tenants are going to have to pay through rent increases, cuts to future maintenance or cuts to the house building programme, none of which is acceptable. So we have a perverse situation where the social housing landlord, as a freeholder, could be ensuring that tenants have to pay for the remediation of properties next door that have been subject to the right to buy. That cannot be right.
All these matters need resolving. We hope that the Minister does so on his visit to the Select Committee.
First, in tabling our amendment, we have never said that we would ask for taxpayers’ money. We made that fundamentally clear right at the beginning, and it is worth repeating that. I know that many of my colleagues would have supported our amendment, but they were told that it would be an open cheque book and therefore they chose not to. Secondly, our amendment will not wreck the Bill. It will make it fair for the innocent lease- holders caught up in this crisis.
There are three parts to this, in my opinion. There is the moral issue. Who, in good conscience, could leave these people to pay huge insurance premiums, sometimes increased by over 1,000%, huge waking watch charges and crippling costs of remediation if we could do something to help? Who would do that?
Then there is the economic issue. When someone owns just 10% of their home, but they are responsible for 100% of the remediation cost, what do we think people are going to do? They will be saddled with tens of thousands of pounds-worth of debt while their home is valued at nothing. This part of the housing market is heading for collapse and thousands of leaseholders are heading for bankruptcy. The Government could and should prevent this from happening.
Finally, there is a political dimension. Successive Governments have put home ownership at the centre of Government policy. They have encouraged people to get on the property ladder. We have incentivised them through schemes such as Help to Buy and shared ownership. Imagine the howls of derision when the first Government Minister stands up and claims that we are the party of home ownership.
The recent Government announcement is very welcome, and I know that many people are grateful, but what sort of solution says, “We concede that it is not your fault, but we are only going to help half of you?” For those buildings over 18 metres, cladding will be removed for free, but not in buildings below that height. Worse than that, those people living in buildings below 18 metres will be saddled with unaffordable debt to pay for cladding remediation. Even worse, they will know that their taxes will be paying for their neighbours’ remediation.
In trying to help, the Government have satisfied no one and they have upset just about everyone. The leaseholders are not responsible for this. They know they are not. We know they are not. The Government know they are not and, therefore, the Government’s position is now untenable.
In conclusion, I appeal to the Government and to all my colleagues to think very carefully before they abandon thousands of their constituents, because I know this: they will not forget and they will not forgive.
On the argument that leaseholders who are also part-owners of the freehold may walk away from their flats, that is a very fair point, but exactly the same argument applies to loads of leaseholders who will not be able to afford to meet these costs. What this tells us is that if we are to solve this we must deal with the whole problem, not just part of it.
Secondly, to argue that this is the wrong Bill misses the urgency of the situation. Leaseholders are facing bills that they cannot afford now—waking watch bills now, insurance bills now—and they still face the prospect of being asked to pay to make safe homes that they bought in good faith. That is why we should take the first available opportunity to protect them from this great injustice.
The question for the Minister in replying to this debate today is very simple: what will he do about this? If we together do not find an answer, the suffering of hundreds of thousands of leaseholders in Leeds, in my constituency, and up and down the land will carry on.
We need to get on with this. We need to stop all the ping-ponging between this place and the other place. It is very clear that there is a systematic scheme here. There is this Bill, which is very simple. We have had the consultation on the fire safety orders and the regulation. We need to get on with that. We need to implement that work and then get on with it. We then need the Building Safety Bill. That needs to come to this House and, again, we need to get on with it. We owe that to my constituents.
The first phase of the Grenfell inquiry report came out in October 2019, 16 months ago. We, collectively—both in this place and the other place—need to get this legislation implemented and make sure that these dangerous buildings are remediated. The more we talk, the more we argue, nothing gets done—and there are dangerous buildings out there.
We have a simple piece of legislation that we can get enacted. We have a big pot of money. The totality of the pot could be as high as £10 billion. Let us implement this legislation, let us start assessing and prioritising the buildings, and let us start spending this Government money. We have time to review the details of the financing scheme. I just want to make the point that, yes, the Government are taking responsibility for buildings over 18 metres, but there is a reason for that: buildings over 18 metres, according to all the independent risk assessors, are way more dangerous. They are four times more likely to have fatalities.
I empathise hugely with leaseholders, but there is still a subsidy in there for leaseholders of buildings between 11 metres and 18 metres. So let us just get on with this today. After that, we can review the details of the financing package and amend the Building Safety Bill, but this Bill is the first step and we need to get on with it.
Although safety is the paramount concern, the treatment of leaseholders and tenants living in unsafe blocks is a wholly new scandal that this Bill will fail to address unless Lords amendment 4 is agreed today. Those tenants should not bear the cost of remedial work to their flats where they did not and could not have known the risks posed by their construction. The Government do not seek to deny that, but instead make a series of partial concessions. That is the wrong approach. We should start, as amendment 4 does, with the presumption that remedial costs attributable to the Bill should not be borne by leaseholders. They should not be borne by tenants or social landlords either, or by the rents of the least well off or the limited funds set aside for the provision and repairing of social homes.
The cynical disregard for the lives of our fellow citizens that Grenfell exposed will take years, billions of pounds and the concentrated efforts of the Government and industry to address. Building design, materials, construction, maintenance and inspection are all in the dock. Height is a factor, but so is who the occupants and users are and how they are taught to behave, especially in an emergency.
For the Government constantly to adopt a reductive approach to the crisis is irresponsible. This is not just about one or two types of cladding, buildings over 18 metres or residential buildings. Today is an opportunity not to address all those issues, important as they are, but to show a serious intent to act now on the most obvious faults and injustices. The Government should take it by accepting all the amendments before the House.
The reality is that the £5.1 billion will remediate only the unsafe cladding and will not do the comprehensive work. The issue then becomes one of the fire safety work that has to be carried out as well. There is no funding to provide for that, so it has to be paid for by someone.
I have a series of suggested tests that could apply. The first is that, emerging from the Grenfell inquiry, it is quite clear that the ACM cladding was illegal, so those responsible for developing the cladding and putting it on the building must pay for the remediation in all other buildings where that is the case. Similarly, for other forms of unsafe cladding, if those people fail to accord with the building regulations that exist at the time, they should pay the cost of removing and correcting it.
Leaseholders could not reasonably have been expected to foresee the fire safety issues when they bought the leases on their flats, so the fundamental issue is that they should not have to pay the cost of remediation, either of cladding or of fire safety defects. My hon. Friend the Minister said that he finds the amendments defective. My challenge to him, when he responds to this debate, is to make it clear from the Dispatch Box that the Government will bring forward proposals in the Lords to amend the Bill to make sure leaseholders do not pay.
The defence seems to be that the Building Safety Bill will eventually come through and be implemented. The problem is that we have sat through the pre-legislative scrutiny of that Bill and recommended at least 40 changes to it. It will take probably 18 months for it to reach the statute book, and then we have the secondary legislation. Leaseholders do not have the time: this work needs to be carried out now. The industry estimates that it will take some four years to implement all the safety works required. It must be made clear that the leaseholders are not the ones to pay.
Currently, leaseholders cannot insure or sell their properties and no one wants to buy them. We are in danger of freezing the housing market because of this problem. I urge the Minister, when he responds, to—
I have been listening to the debate and the various interventions. A question asked consistently in interventions from Conservative Members has been whether it is not best to put things right rather than act quickly. I remind those Members, as others have, that it is now four years on from Grenfell. Four years is a timescale in which we should have been able to address this issue and give people security and some form of confidence.
Confidence has been shattered by the failure to include in the legislation the recommendations from the first phase of the Grenfell inquiry. I share the view of the Fire Brigades Union that the Government seem to be doing the bare minimum to fend off bad headlines. I have not the eloquence to speak on behalf of my constituents and portray just how strongly they feel about this matter. They are really very angry—and, I have to say, distressed. They feel not only at risk but that their lives have been put on hold by their inability to sell their properties and move from them.
We have heard today about the £5 billion that the Government have allocated; my constituents, like those of other Members, are asking what happens if the money runs out—the costs so far have been estimated to be nearer £15 billion. In addition to that, just as the hon. Member for Harrow East (Bob Blackman) said, the money will not cover many of the defects that have now been found and the additional measures that have been demanded and required. My constituents are now being hit with potential bills from the developers—including the worst, Ballymore—for things such as rectifying wooden balconies and other defects that were not of their making. The idea of waiting for the Building Safety Bill is like “Waiting for Godot”, what with the time it takes to get the right type of Bill and then get the legislation through and implemented.
My constituents in lower-rise blocks do not see why they are being discriminated against. My constituents were blameless. They were failed by developers, regulators, suppliers of materials, inspectors—all of them. Many of those developers made fortunes out of developments in my constituency; it is they who should pay the cost of their own failures. I urge urgency, which is why I will support all the amendments that would protect leaseholders from being burdened with the debt caused by others who have failed us all.
My constituents have raised a range of their outstanding concerns that they feel still need to be addressed. They are concerned, first, that those responsible should take far more of the financial burden; secondly, that they have the unfair burden of massively increased insurance costs and waking watches; and thirdly, about the distinction between buildings above and below 18 metres and why they should be treated so differently.
To many people, a monthly cost of £50 may not be a great deal, but for many others who are already at their financial limit, the equivalent of a 13th month of mortgage payments is a huge burden that they can barely afford—if they can afford it. They want to be able to move on with their life—they may want to have a family, or move for work or for a whole range of other reasons—but they cannot. They feel trapped.
On 10 February, I hoped against hope that the Government had listened—that they had heeded the recommendations of the Housing, Communities and Local Government Committee, the all-party parliamentary group on leasehold and commonhold reform, a range of sector bodies and MPs from across the political spectrum, and had decided finally to address this great moral injustice, to ensure an urgent national effort to make buildings safe, and to guarantee that no resident or leaseholder would ever have to pay for a crisis that they did not cause. Sadly, the Government did not listen. The extra £3.5 billion of funding announced was only for cladding removal, not for remediating fire safety defects, which usually accounts for the majority of remediation costs. Only buildings over 18 metres are eligible. Residents in all other buildings, including those even one metre under, will need to apply for a loan, and buildings under 11 metres will receive nothing at all.
My constituents are devastated. Every day, bills for interim fire safety measures and increased insurance premiums rack up. They cannot move or sell; they struggle to get credit; and, worse, some may face bankruptcy or homelessness. It is so bad that the UK Cladding Action Group reports suicides nationally, and 23% of those surveyed by the group had considered suicide or self-harm. My constituents are victims of systemic regulatory failure or, worse, corporate malfeasance, but the Government are making the victims take responsibility. This has to end today. I say to the Minister that his Government have a moral duty to agree to legislate for the principle that residents and leaseholders should not pay for historical fire safety defects. I urge him to support amendments to that effect today; to ensure that the Government lead an urgent national effort to carry out fire safety remediation by June 2022; to forward-fund that work; and to reclaim the costs from those responsible and via a levy on new development.
My concern is the long-term unintended consequences of the high levels of fire safety regulations for private leaseholders. They are often young men and women who have saved their whole life to buy their first home. Oftentimes the flat is in London, and as leaseholders, they are now unable to leave that flat. Many of my constituents have written to me about their children in London who have purchased a flat and are now trapped. They can no longer afford the soaring costs of their debts, and some have even moved home to their parents in Beaconsfield because they cannot afford the financial burdens they are now under as leaseholders. I hope that we can continue to address this issue long term, but I want to see this legislation passed and this first stage accomplished. I appreciate and sympathise with many of the amendments, but I would ask that we just move forward and support the Government to ensure that this first level of safety is on offer for residents across the UK.
The issue I want to draw the House’s attention to is interim costs of temporary fire safety measures that leaseholders have to put in place while they wait for the start of long-term remedial work, such as the replacement of dangerous cladding. They have to put those measures in place, because they have been told by the fire authorities that their buildings are too unsafe to live in without them. The vast majority of these interim costs are not covered by any Government assistance, and hundreds of my leaseholder constituents in Vauxhall are already paying out, and will continue to do so for the foreseeable future.
The amendment that I tabled to the Bill would have ensured that building owners could not pass these interim safety costs on to leaseholders. These costs are extortionate, involving eye-watering sums of money. Thousands of pounds are being paid by ordinary, working people, and it is money that they just do not have. How can that be right or fair? I am sure that my honourable colleagues do not need reminding that this building safety crisis was not caused by leaseholders. They are the innocent victims, caught between an industry that has failed them and a Government who are unwilling to go the full distance. Ensuring that leaseholders do not pay these interim costs is not only morally right, but essential if they are not to face financial hardship or ruin. The building industry and the Government must take full responsibility for protecting leaseholders from these interim costs. No leaseholder should have to pay a penny for making their home safe.
Housing has been my lifelong passion and was my career before I came into Parliament. My interest in and deep commitment to it continues, as shown in my entry in the Register of Members’ Financial Interests. I chair the New Homes Quality Board, which is bringing in a new code of practice and a new homes ombudsman. It complements the serious and vital work of Dame Judith Hackitt on the building safety regulator, as well as the essential remit of the Fire Safety Bill.
This Bill is not the whole solution to the Grenfell tragedy, but it is an essential and important technical Bill that needs to be brought in as a matter of urgency. That is why today we must not confuse the purpose of this Bill and the immediate necessity of bringing in laws to protect every person in every constituency, whether they live in a terraced home, a bungalow, or a low, medium or high-rise building. Back in 2017, I called for leaseholders to be protected against remediation costs in high-rise buildings where cladding such as Grenfell’s had to be removed. I therefore welcome the Government making that happen through a £5 billion investment for that activity and for building safety; it is the right thing to do.
I called for changes in obligations, and for the ability of fire services, councils and Government to intervene in fire safety matters, so that where there were known problems—for example, with doors or common areas—they could be corrected. The Bill will put that right, and it will give authorities the power to intervene and protect lives. That is what the Bill is all about. I commend the actions of the Housing Secretary and the Government in recent months, and encourage them to look at a broader review of the rights of leaseholders and renters alike, but I welcome the Bill. It is the right thing to do, and it needs to be urgently concluded.
Of course, there are others across my constituency and the country who are in the same situation. In all these cases, they are expected to pay simply to make their homes safe by putting right the mistakes of others. That is the central wrong that we have an opportunity to remedy today by supporting the amendment of the hon. Member for Stevenage (Stephen McPartland) and the amendments tabled by those on the Opposition Front Bench. I hope that the Government will not try to prevent a vote, because Ministers know that there is a grave injustice here that must be remedied. They must know, too, in their hearts that the action they have taken so far falls well short of what is needed.
This is a huge problem. We should start from the basic principle that those who are responsible for the failings should be responsible for putting them right. In any other consumer purchase, a dangerous item would be recalled by the company that made it and repaired or replaced at no cost to the person who bought it. The same principle should apply here. Leaseholders in these buildings have not just been let down by developers; they were people who exercised due diligence, undertaking all the checks that were needed before they bought their flats, but they were let down by comprehensive regulatory failure, which was the responsibility of successive Governments. That is why we must step in and ensure that their homes are made safe as a matter of urgency. Of course we should seek to recover as much of the cost as possible from the developers and others responsible, but the principle must be that leaseholders pay nothing, either now or in the future, through any loan scheme. Many leaseholders have stretched their finances to the limits to buy these homes. Some have become bankrupt already, and others are facing ruin and unimaginable mental strain. This is wrong and we can begin to put it right today.
We must also see a number of practical issues resolved, including through urgent Royal Institution of Chartered Surveyors guidance on EWS1 certification and the speeding up of the training of qualified staff able to conduct EWS1 assessments. We need building societies and banks to take a realistic and constructive attitude to the buying and selling of these properties, especially when a taxpayer safety net is being deployed to provide greater certainty. We also need the Association of British Insurers to provide realistic guidance to its members, so that on top of the financial worries they already have leaseholders are not subjected to the added anxiety about the failure to insure their properties. As I have said in the House before, we have to ensure that surveys are factually accurate, as we have seen too many examples of shoddy practice that adds both financial cost and unnecessary worry for w the leaseholders concerned.
We all understand the problems facing the public finances and we all welcome the £5 billion of taxpayers’ money that the Government have already put forward. What we need to see as soon as possible are fair and equitable solutions for all those caught in a trap not of their own making.
First, the Government say this Bill is not the time and place to protect leaseholders, and that they should wait until the Building Safety Bill. The Government are wrong. From the date this Bill comes into force, leaseholders will be required to pay for any costs incurred consequent to a notice by a competent authority. If they receive a notice from a fire service or a local council in relation to the external wall of a building of two or more dwellings, those leaseholders will be liable to pay from day one of the Bill taking effect. Leaseholders cannot afford to be hit with huge costs, and that is why this Bill is exactly the right Bill to address the issue, and it is why leaseholders cannot wait any longer.
Secondly, the Government say that the various amendments under consideration today are defective. Well, why have they not proposed their own amendments to solve any defects? I first tabled this amendment on 25 June last year, which is eight months ago, and I note that the Government have failed to bring anything forward in all that time.
Thirdly, the Government say this amendment could delay the Bill. With respect, that is a bit flippin’ rich, given that it has taken three and a half years to bring forward a Bill that extends to a whole two pages.
We cannot end the whole fire safety scandal today, but we can protect leaseholders from having to pay for it. I call on the Government to put all the amendments to a vote, and I call on all Members of this House to put our party differences to one side and to vote for them all.
Owning your own home is a very British dream, but it has turned into a nightmare for thousands in the aftermath of Grenfell. That is why there is such strength of feeling across the House today. Our thoughts will always be with those lost in the Grenfell tragedy, with those who are grieving and with those who survived, but there are now thousands more who are dealing with the building safety consequences of those events.
In the UK it should not be high risk to buy a home in a block of flats built and marketed by a reputable house builder under strict building control regimes, only to find that the professional and regulatory checks have been a fiction. That is a situation in which hundreds of my constituents find themselves.
It is clear from today’s debate that no one wants residents to pay for this disgraceful behaviour, that there cannot be a blank cheque from Government, and that those who caused the problem have to pay for the works that are needed. The only question is how we achieve all that, so I warmly welcome the Government’s announcement of an additional £3.5 billion to fund remedial work, a grant scheme for low-rise buildings, a builders levy and a property developer tax. This will be of some reassurance to leaseholders, and a start to making sure that those responsible for the failings are made to pay for what they did wrong.
I accept the argument of my hon. Friend the Minister that this may not be the right place for further assurances on remediation costs and, given his undertaking to look at this further in the Building Safety Bill, I will pause my support for the amendments today. He has been constructive and helpful in his contribution.
In the meantime, the Government have to show how funding promises will work in practice. I thank my right hon. Friend the Secretary of State for working with me to identify how funds will flow for the waking watch relief fund and remedial works. Making this work in practice has to be a ministerial priority in the coming weeks.
There also needs to be complete transparency from Homes England on which buildings have been accepted into the scheme, and that if eligible costs legitimately increase from the initial assessment, applicants can claim from the fund for a cost variation. Above all, these plans need to be in place as quickly as possible, and the Government need to tackle the insurance problems that many leaseholders now face.
Remediation works will not happen overnight, but it is in no one’s interest to delay this Bill, which includes provisions from my 2018 fire safety ten-minute rule Bill. If there is not clear progress, more action will be needed in the Building Safety Bill when it is considered later this year.
The cladding scandal must end. How is it possible that so many residents are still living in blocks that are unsafe? This is the reality of what so many people are enduring on a day-to-day basis, trapped in a never-ending game of buck-passing between the Government and the developers. No one wants to take responsibility; no one wants to pay to resolve the situation; and each looks to the other to step up. However, what is clear and indisputable is that people in my constituency and all over the country bought homes in good faith to build their lives in. I urge the Government today to rethink their approach and finally do the right thing by people who are having a really difficult time, and support amendments to the Bill.
I also express support for Lords amendment 2, which would place robust requirements on building owners or managers, and implement recommendations from phase 1 of the Grenfell Tower inquiry. We need to be sure that the Grenfell Tower fire never, ever happens again. Years have passed since the catastrophe, and still no one has been called to account. When will we ever get answers? When will victims ever get justice? The truth is that decisions stretching back years have led to the gutting of the UK’s fire safety regime, and the failure to regulate high-rise residential buildings properly for fire safety.
I conclude with this: our constituents and our communities need much more decisive action than we are getting from this Government. It is absolutely not fair that leaseholders or residents are left to pay for building safety works that have not arisen because of any fault on their part, and it is unacceptable that people continue to live in their current state of limbo in unsafe buildings. I plead with the Minister today to end this impasse, and finally do the right thing.
For many in Wimbledon, the dream of home ownership —the aspiration to have a home—has gone from a dream to a nightmare because of these cladding and safety problems. I listened carefully to the Minister, and he is right: it is our duty to protect and provide legal certainty to leaseholders who are facing these issues through no fault of their own. As such, I warmly recognise and welcome the efforts of my right hon. Friends the Secretary of State and the Housing Minister, who have provided an extra £3.5 billion to make a total of £5 billion. I also recognise that this is for cladding, and that a number of other remedies will be required. On that basis, the principle must be that the defector must pay.
The Government have rightly said on a number of occasions that the costs must not fall on the leaseholder, and, in making the extra contribution to the fund, my right hon. Friend the Secretary of State said that he was taking a risk-based approach. The approach for people living in buildings under 18 metres is supposedly similar. We are told there is going to be new guidance that will ensure that risk-based approach will happen, so that many buildings under 18 metres will not necessarily be within the scope of remediation, and that no one will pay more than £50 even if they are. However, we have no details. We have no guarantees that the banks and the insurers will respect these new assessments, and provide mortgages and decrease insurance costs. We have no guarantee that when the Royal Institution of Chartered Surveyors produces this guidance it will take precedence, and that the EWS1 forms will be produced.
The Government have said that the details of these schemes will be available shortly. However, until they are available, there is no certainty for leaseholders in blocks under 18 metres, and, as has already been said, they may become liable for costs earlier than that. My hon. Friend the Member for Southampton, Itchen (Royston Smith) has already pointed out that this is not an unlimited ask of the Government; it is a specific ask, saying that those who caused the defects should pay.
I listened carefully to the Minister, and I will listen again, but I say to him that the Government could have provided some certainty today by agreeing to bring forward an amendment in the Building Safety Bill, or indeed an amendment that would have given a clear hint in this Bill. Until that happens, unfortunately, lease- holders in buildings under 18 metres will have no certainty, and they deserve it.
I think that many constituents, from constituencies across the country, will struggle to understand some of the arguments and excuses that the Government have put forward today. I support the amendments tabled by hon. Friends on the Opposition side, and also those tabled by the hon. Members for Stevenage (Stephen McPartland) and for Southampton, Itchen (Royston Smith), who made powerful speeches. To emphasise that, I have received an email during the course of the debate, from a leaseholder from a Conservative English constituency, in support of those amendments. He says, “I am a Conservative, and the Housing Department is a disaster in this regard.” That is the message that I am getting from people. Regardless of their political affiliation or where they live in the country, they want this resolved. They are living in anguish and uncertainty, and it is affecting their mental health. It is affecting key workers in our covid response. It is affecting people who are trying to support young families. It is just a completely untenable situation for them to find themselves in. I think they will find some of the excuses we have heard today very difficult to hear.
This is a national scandal that has been brewing for decades, and it needs urgent action to resolve it. It needs action across the United Kingdom, so it needs the UK Government to work constructively with the Welsh Government. They have worked constructively in preparing this Fire Safety Bill, so it was really disappointing the other day when the Secretary of State for Housing, Communities and Local Government brushed off any questions about Wales, saying, “I don’t know what’s going on there”—or something to that effect—at the end of the debate. He simply has not answered any of the questions, or responded to a very reasonable letter from our Housing Minister in Wales, Julie James.
I have submitted a series of parliamentary questions over the past few weeks to try to get some clarity on the gateway 2 builder levy, the proposed new tax, and on related matters, and I have received completely opaque answers. That is simply not good enough for leaseholders who want those answers and want to know what support is coming from the UK Government to ensure that their concerns are dealt with, not least because many of these pre-date devolution. I hope that the Minister will be able to look constructively on my request for those meetings, and will be able to arrange urgent briefings on these matters between officials in the Welsh Government and the UK Government.
I must go back to one of the biggest problems, which is the developers. I have called them out before and will do it again. Companies such as Redrow, Laing O’Rourke and Taylor Whimpey need to be held accountable for this. They have been raking in billions in profits while building shoddy buildings, in relation to fire safety and building safety, and it is simply unacceptable that leaseholders might then be expected to pick up part of the cost. I am very pleased that the Welsh Government have confirmed unequivocally that they should not have to do that, but that requires working together across the UK—across the Union that the Minister and I support—to ensure that we deliver for them.
Lastly, we urgently need clarity on the EWSI issue, because it is still affecting lots of people and it is not getting through to the ground, and on insurance, working with the Association of British Insurers and others.
I must first declare an interest, as I am a leaseholder in a building with dangerous cladding, but happily for me and my neighbours, our developer stood up and is paying for every aspect of the costs, which is what every developer should do, although clearly that is not the case. I, too, pay tribute to the Minister for Security, the right hon. Member for Old Bexley and Sidcup (James Brokenshire), and commend him for his decisive action at the early stages of this challenge, when he issued a ministerial direction to ensure that ACM cladding was removed from blocks. He recognised that it would take too long legally to chase down who should pay, and in the meantime the urgency of the issue was so great that it needed to be done. I feel that sets the tone for what the Government should be doing.
I commend the hon. Members for Stevenage (Stephen McPartland) and for Southampton, Itchen (Royston Smith) for their work to try to maintain the profile of this issue, which is particularly difficult to do as a Back Bencher. I also align myself completely with my hon. Friend the Member for Cardiff South and Penarth (Stephen Doughty) and my right hon. Friend the Member for Leeds Central (Hilary Benn) on the impact on residents. I am are not going to go into that, because I have repeated that many times and my constituents know that I understand their challenges.
This is the biggest consumer and fire safety failure in a generation. Both the Public Accounts Committee, which I chair, and the Housing, Communities and Local Government Committee have said that we need to make sure this is dealt with, and that we need to deal with the many challenges. I refer hon. Members to those reports. The housing association sector alone estimates £10 billion costs, so although I welcome the Government’s recent £3.6 billion injection, we know it is not going to be enough, and we are concerned about the £50 a month loan fee, on which I hope the Minister will come back to us at the end with a bit more information.
While ideally the taxpayer should not pay, the fact that the right hon. Member for Old Bexley and Sidcup recognised that that direction had to be made and that the Government needed to step in with taxpayers’ money sends, to me, a very clear signal that that is the very best way of approaching this. Yes, we should be recovering money from the developers, ultimately, but we need to get the Government to do that. The Government are not always very good at getting money back from the private sector, but I am sure we can work together, across parties, to support the Government in that endeavour.
I do welcome the Bill. It is right that it should be introduced, and I hear the heartfelt plea from the hon. Member for Kensington (Felicity Buchan). It is the right thing to do, but it contains an inherent contradiction: to implement it, work needs to be funded, because without that funding the Bill cannot be implemented. That is the problem, and that is why I support the amendments. I hope the Minister will come back, in his closing remarks, to explain what evaluation will be made about the £50 a month loan scheme. I refer him to the not great success of the green deal, which also put a charge on homes and failed badly. I would also like more detail and clarity on the timing of the Building Safety Bill, because all our constituents need that clarity.
I understand the Government are looking to the Building Safety Bill to address the issues raised in this amendment, and I agree that that would be a more relevant place to consider them. I also understand that the clauses, as drafted, would stop all remediation costs being passed on to leaseholders, including those that one might expect to be covered by service and maintenance charges, such as safety work required as a result of routine wear and tear. There is a further concern that the amendment, as drafted, could delay the implementation of the Bill itself and crucial measures to improve the fire safety regulatory system, including delaying recommendations from the first phase of the Grenfell inquiry.
I am, however, pleased that the Government are paying for the removal of unsafe cladding for leaseholders in all residential buildings of over 18 metres in England. As Dame Judith Hackitt, the independent adviser to the Government on building safety, has said:
“Statistics show…that buildings above 18 metres have a four times greater risk of fatality in the event of a serious fire than lower rise buildings”,
and these buildings are rightly being prioritised for funding. For lower-rise buildings of between four to six storeys, there is a lower risk to safety, and leaseholders will gain the new protection of having cladding removed with a generous scheme to pay for it through a long-term, low-interest, Government-backed finance arrangement, where leaseholders never pay more than £50 a month for cladding removal.
I appreciate that nothing can compensate for the horror of the prospect of being liable for the costs of remedial work following the joy of moving into one’s home, bought on the entirely reasonable assumption that the block it is in would have been built correctly. However, given the complexity of this issue and the fact that leaseholders face paralysis, this does offer a route forward. I believe that these measures will help provide some certainty and confidence in this part of the housing market so that the affected flats can be bought and sold again, which would be a significant step forward from where we are at the moment.
For these reasons, I hope that the Fire Safety Bill can reach the statute book quickly, together with the Building Safety Bill, so that we will have a comprehensive set of measures in place to correct past wrongs and also to move forward safely.
The Bill is an important first legislative step in implementing the Grenfell inquiry phase 1 recommendations and one part of the Government’s major building and fire safety reform programme, which I warmly welcome. Building safety is the Government’s priority, and I am pleased that there is now an independent expert panel convened after Grenfell to consult on fire safety issues.
My concern over the amendments is that they would not be cost-free and would render the Bill legally unsound, so the Government would be unable to proceed. We would not be able to give fire and rescue services the powers they need to keep people safe. These powers have been needed for some time, as Grenfell has shown us, without any doubt. We would also not be able to proceed to implement the Grenfell inquiry phase 1 recommendations, and that would be a travesty. For the bereaved or for those who have worked closely with the survivors, to say that delaying this Bill would not be a welcome move is an understatement. There is clearly a lot at stake in not implementing this Bill. The Grenfell enquiry reinforced the fact that the Government needed to do more, and so to stall on this Bill would not reflect the Government’s own commitment to never see such a tragedy again.
On whether leaseholders should have to pay for defects, it is clear that there has been a lot of substandard work that should never have been passed and had circumnavigated fire safety standards. We need to recognise this by holding those responsible to account. None of us wants to see leaseholders foot the bill. We need to see the sector step up and foot the cost of the remediation. We should not forget that the Government stepped in and put £5 billion against these issues, not forgetting the extra £3.5 billion. This is £8.5 billion to support leaseholders in a very difficult situation. Leaseholders in buildings over 18 metres will not have to pay for the cost of remediation, and those in buildings between 11 and 18 metres no more than £50 per month, compared with what could have been thousands of pounds.
I wanted to speak in this debate as I strongly echo the words of my hon. Friend the Member for Kensington (Felicity Buchan), who spoke so passionately earlier. We need to just get on with this Bill; surely we owe that to her constituents.
The fire safety crisis did not just start with the tragedy at Grenfell Tower; it has been growing for years. As a result, hundreds of thousands of residents and users of thousands of buildings live in fear of being caught in a fire, and leaseholders face bankruptcy in having to fund the costs. In her report on building regulations, Judith Hackitt summed up a
“mindset of doing things as cheaply as possible and passing on responsibility for problems and shortcomings”.
One could start with the deregulation of the building and fire safety standards that began in the ’80s, when building control services were opened up to the private sector so that building inspectors now price for work on the number of visits, so fewer visits mean a cheaper bid. Developers have been cutting costs for years, going for the cheapest materials and corner-cutting again and again on site. Then we have had the growing skills crisis in the construction industry. The Government ignored the recommendations of the inquiries into the Lakanal House and Shirley Towers fatal fires almost 10 years ago. Even now, there is the inability to train and accredit qualified fire safety inspectors who are needed to inspect the properties that in fact should never have been signed off as safe to occupy in the first place.
As I said, the scope of this Bill is far too limited. It is fiddling while too many of our constituents and their homes are at risk of burning, and leaseholders face unaffordable costs. Responsibility for sorting this should lie with those who are responsible—the Government and their friends in the construction sector. As other speakers have said, the Bill hardly scratches the surface of the crisis. It does not even implement the recommendations of phase 1 of the Grenfell inquiry.
We have all been working towards a comprehensive solution for redressing those defects and reforming safety practices in the industry, in order to ensure that the heart-breaking events of Grenfell never happen again. The Bill is a key part of that, and significant progress has been made across the board, with ACM cladding either removed or in the process of being removed from every building in the social sector, and work on private sector buildings taking place at pace.
I also welcome the agreement on EWS1 forms, which will provide much-needed reassurance to leaseholders. We need such reassurance so that leaseholders face fewer burdens when they are trying to get on with their lives. We sometimes forget that we are here for people who have lives and worries, and we need to get out of their way and let them get on with their lives. These measures go a long way to addressing leaseholders’ largest concerns. This Bill and the draft Building Safety Bill are big bits of government, and more bits of government will be added. However, it is all necessary. Reference has already been made to the pre-legislative scrutiny carried out by the Select Committee, of which I was part. It was a big bit of government, but it is all necessary.
This scandal has highlighted the security of everyone living in buildings, and that must be the principal concern of this Bill and the draft Building Safety Bill. We must protect people’s lives where they are most at risk. There are some well-meaning amendments to the Bill but, as my hon. Friend the Member for Grantham and Stamford (Gareth Davies) noted, they would slow down the pace of the Bill’s implementation. I do not want to see the Bill frustrated. It is crucial to building safety that we get it up and running. We have heard in this debate about the difference between pace and speed, and about getting it right. We need to get this right.
I want to draw the attention of the House to a problem facing hundreds of my constituents living in flats recently built by Barratt at Waterside Park alongside the Thames and Upton Gardens on the site of the Boleyn Ground, where West Ham used to play. Freeholds have since been bought from Barratt by Aviva. The landlord agent is Mainstay, and the property manager is FirstPort. The buildings in both developments have a B1 EWS1 certificate. There is combustible material in the walling, but the risk is not sufficient to warrant requiring its replacement. The combustible material is in a vapour layer within the structure. That material is still being used in buildings being built now, and there has been no suggestion that builders should stop using it. Leaseholders in the development have had no problems in obtaining a mortgage, given the B1 certification.
These buildings clearly do not meet the criteria for the Government’s cladding fund. Nevertheless, the property managers made an application for funding to replace this combustible vapour layer. In the case of Upton Gardens, the application has been refused. In the case of Waterside Park, the decision is still awaited, but presumably that will be refused as well. However, the property managers appear poised to embark on replacing this combustible material at an estimated cost of £30,000 per flat, which they will charge to the leaseholders. They have appointed contractors and paid for preliminary work already, although work has not yet begun in earnest. The material to be replaced is being used in buildings being built at the moment. There is no requirement to replace it, and the residents do not want to fund its replacement, so why is replacement poised to go ahead? The only motivation the leaseholders have been able to identify is to provide fee income for the managers.
Will the Minister state clearly today that buildings with B1 certification should not be remediated without agreement of the leaseholders? At the start of the debate, he said that 95% of high-rise buildings with unsafe ACM cladding have either been remediated or have workers on site doing the job. Can he tell us the actual figures? How many buildings have been remediated? How many buildings have workers on site? My constituents would be very interested to hear those numbers.
Those undertaking inspections and assessments need clarity, and the key to that is to keep the Bill short. It would also be wrong to delay the implementation of the judge’s recommendations from the first phase of the Grenfell inquiry, which the amendments would potentially cause. Legal advice must be accepted and forms the basis for making good on our promises, as does the input of independent experts.
Decisive action must be taken. The extra £3.5 billion committed by the Government, bringing total funding to £5 billion, is to be welcomed. This has culminated in a commitment to fully fund the replacement of unsafe cladding for all leaseholders in residential buildings of 18 metres and higher. While that is not the case for buildings between 11 and 18 metres, the new scheme will protect against unaffordable costs and limit them to £50 per month towards remediations. That also gives reassurance to banks and mortgage lenders. The new developer levy will ensure that developers make a contribution, and Gateway 2 should raise an extra £2 billion towards this.
As has been stated before, the Building Safety Bill will provide a new era of accountability for managing risk with the construction of these buildings. There will be tougher sanctions for those who fail to meet their obligations and a guarantee that it is they, not the taxpayer or leaseholders, who will remedy that. The Bill will also ensure that there is more transparency about the cost of maintaining a safe building, such as in the annual service charge. It is right that reasonable limits are placed on those charges and that leaseholders are protected from large-scale remediation costs. The Association of British Insurers has also backed the Government’s stance, as has Dame Judith Hackitt, the Government’s independent adviser on building safety.
The replacement of unsafe cladding and other remedial works must be taken seriously. The Fire Safety Bill alone cannot remedy that. Therefore, although these well-intentioned amendments are not appropriate, the wider approach must be considered and, indeed, welcomed.
I speak in support of the amendments in the names of the Leader of the Opposition, my hon. Friend the Member for Vauxhall (Florence Eshalomi) and the hon. Members for Stevenage (Stephen McPartland) and for Southampton, Itchen (Royston Smith). Although the Government announced additional funding for cladding remediation on 10 February, leaseholders living in buildings under 18 metres will still have to cover some cladding-related costs. The fund fails to cover the huge cost of rectifying other fire safety defects and the necessary interim safety measures. According to the UK Cladding Action Group, the average total cost of building remediation for cladding and other fire safety defects is £49,000. The group states that 33% of affected flat owners earn £35,000 or less a year. Those people cannot afford to cover the cost of high interim safety measures, excessive insurance premiums, the Government’s piecemeal loan scheme for buildings under 18 metres with cladding or the huge cost of remediating other fire safety defects.
Luton South constituents have told me that living with the threat to their safety and facing exorbitant remediation costs has severely impacted their mental health. Some are on the brink of bankruptcy as they are unable to cover the cost or sell their homes. That is an issue across the country. Seventeen per cent. of respondents to an Inside Housing survey said that they are exploring bankruptcy.
Let us be clear who we are talking about. The people affected are social workers, teachers, nurses and other key workers in our communities. Many are first-time buyers. It is unjust to leave leaseholders to bear the costs. Leaseholders bought their properties in good faith, and were unaware of the failures of the regulatory system. The Government must deliver on their promise to keep the public safe by urgently remediating the remaining unsafe buildings, ensuring that leaseholders do not have to foot the bill and implementing the recommendations from phase 1 of the Grenfell tower inquiry.
There is no such thing as Government money—it is taxpayers’ money—so we need to find the right balance, and so far we have found the middle ground. Yes, we can do more. The Building Safety Bill, which has been discussed previously, will be a good avenue to address some of those further concerns, as next week’s Budget may be. It is right to contemplate these things in a broader spectrum, rather than just making a knee-jerk reaction to this Bill today.
We all have a responsibility to strike a fair settlement, to balance concerns and to find a way to ensure for people affected by this scandal that safety and security are the No. 1 priority. We also have a duty to consider, particularly in a difficult economic environment, the spending of taxpayers’ money. We should consider that many taxpayers are not homeowners and ask whether it is fair to ask them to step in.
We must remember why the Government introduced the Bill in the first place, and why its scope is so focused and specific in what it is designed to achieve. The focus of this legislation is, as should be clear, safety—ensuring that those responsible for fire safety and the safety of those living in their buildings know their duties and are held to those duties. Leaseholders, building owners and the taxpayer deserve a solid legislative base with clarity.
Leaseholders, building owners and taxpayers deserve a solid legislative base. That is what we are trying to do today by making sure that our properties and our leaseholders are safe. That is why we need to focus on those who are most likely to be affected. I do not want to see the Bill’s implementation frustrated. It has already taken far too long to get to this point, and we need to ensure that we can proceed.
As has been said many times, including by my hon. Friend the Member for Milton Keynes North (Ben Everitt) and the Minister, we have a duty: do we get this right, or do we do it quick? From my perspective, we need to get it right. Far too many people have fallen through the gaps, are struggling and are unable to afford this, so it is right that we take a fully reasoned approach, speaking to experts and to all trade bodies to ensure that we get it right. That is what I urge Ministers, the Treasury and everyone else to continue to do. I finish by thanking all Members for bringing forward some of these amendments. They do not quite deal with the Bill at hand. That is why I will not be able to support them and will be backing the Government today.
I welcome the Bill, but it is too small and too slow. There is frustration across the House of Commons today. We can do this right and do it faster, and we must. Today, we had another statement of support for leaseholders from the Minister, who said that he agrees with the intent to give leaseholders peace of mind and financial certainty, yet the Government did not write that into the Bill and are not supporting the amendments. No leaseholders of buildings of any height should be made to foot a bill of thousands of pounds that they cannot afford.
At the sharp end of the failings of this Bill are millions of leaseholders trapped in unsafe homes who are suffering enormous stress, anxiety and emotional anguish, and who feel totally abandoned. I have met many of them in my constituency. Their lives are on pause and might be for years. This is what some have told me. One said:
“As every day, week or month goes by, our financial liability and stability become ever more disturbing and deeply troubling. When will it end?
Another resident, who bought her flat using money inherited from her mother’s passing, said to me:
“Despite my emotional attachment to my flat, current circumstances make me almost wish that I had never bought it. It is a burden and a hindrance to me moving forward with the next stage of my life, at a prime time when I want to start a family.”
Another resident, a victim of domestic violence, has been trying to sell her property to raise money for legal fees. She has had to receive food parcels due to lost income during the pandemic. Her insurance premiums have now increased by 500%. Under no circumstances should leaseholders, regardless of the height of their building, have to pay for cladding remediation costs that are the fault of developers and a failed regulatory system. Funding should be based on fire risk, not on height. It should include upfront costs—it should not be loans—for all leaseholders and it should include other fire safety issues. Some Putney leaseholders face up to £100,000 in charges.
At the current pace of spend, the building safety fund, which has only approved 12 applications, will only approve all the applications—the 532 applications—by 2031. The pace of change is far too slow, so I urge colleagues on both sides of the House: please do the right thing today, back the British people and make sure that lease- holders do not pay.
As someone who worked in oil and gas and then in construction over several years, I can see the very different approach taken by the two sectors. Many of our constituents who live in leasehold flats face significant costs, such as waking watch costs and several other fire risk liabilities not related to cladding. The new £30 million waking watch relief fund, the £1.6 billion remediation funding and the commitment to recruit hundreds of specialist risk assessors and specialist workers show that this Government are committed to resolving the problem and to supporting people stranded in their property through no fault of their own.
I wish to raise issues brought to me by a constituent. At present, buildings over 18 metres will have all cladding remedial work paid for by the Government. Those in buildings between 11 metres and 18 metres will be offered a loan, with residents in buildings lower than 11 metres receiving no financial support at all, the latter being the situation my constituent’s daughter finds herself in. Although it is right to target remediation first at highest-risk buildings, there is a question of fairness as to who pays if a person happens to have purchased a building that is not as tall.
In addition to the removal of cladding, inspections have highlighted further building faults, such as missing firebreaks, wooden balconies and combustible insulation. The repair costs alone could be in excess of £25,000 per flat. There is no provision for support with these repairs, which will be required before a fire safety certificate can be issued, allowing the resident to eventually sell their home. They would not have been privy to these liabilities as the conveyancing process would not have highlighted the possibility of these risks existing at point of purchase. Risk awareness at the conveyancing stage is something that I raised in my ten-minute rule Bill.
Fire safety officers should not only be competent by the certifications that they hold; they should be present and responsible for sign-off on site at all key stages. While the amendments before us were tabled with good intentions, we cannot delay the Bill any longer. I hope that Ministers will consider a post-construction and occupancy model for fire safety, much as gas and electrical checks are carried out, to pick up on changes to the fabric of a building that could be made over time.
In Liverpool, 10% of buildings are still covered in highly flammable cladding, with a further 5% covered in fire-retardant cladding. Merseyside Fire and Rescue Service has suffered a 35% cut to its funding and lost one third of its firefighters since 2010. Austerity has combined with roll-backs and safety regulations to make a perfect storm.
Time and again, we have heard promise after promise that the recommendations of the first phase of the Grenfell Tower inquiry will be fully implemented, yet the Bill does not include a single recommendation from the inquiry’s first phase. Does the Minister agree that his Government have fundamentally failed to take the necessary steps to keep people safe in their own homes?
Today, and for months now, we have heard from Members across the House about the nightmare situations faced by many leaseholders across the country who have been left physically, mentally and financially trapped in dangerous housing. Many of my constituents have contacted me for support. They are worried sick about being trapped in unsafe housing, crippled by costs they did not incur and with no end in sight.
One pensioner wrote to tell me that he had just been sent a bill for £20,000. He has no savings and no possibility of paying the bill. Two young NHS doctors want to sell up and take positions in hospitals in the north-east, but they cannot; they are trapped in a flat they cannot sell, faced with the possibility of mounting debts due to flammable cladding that they did not install.
I ask the Minister how he sleeps at night, knowing that his Government’s move to cut red tape has left hundreds of thousands at risk in their own homes, and how he can justify asking the leaseholders of those unsafe homes to foot the bill. It is the responsibility of this Government to identify the buildings covered in dangerous cladding and make them safe before another disaster occurs, and to bring the companies that profited from cutting corners and compromising the safety of residents to justice.
Enough is enough. We are now at a crisis point. Instead of further delays and prevarication, I call on Members across the House to do the right thing today and back Lords amendments 2 and 4 so that we can get a grip of this crisis before it is too late.
There has been a significant move forward since that first meeting; since that first surgery appointment, we have moved forward. The £5 billion support has helped many of my constituents. The waking watch fund, although I do not think it will be enough, is a step in the right direction—we are getting there—and the Building Safety Bill is itself 100% necessary and welcome. However, I am still at a point right now where there are a significant number of my constituents who are leaseholders, often living in buildings over 18 metres, where there are significant issues to do with fire safety that will cost thousands of pounds to remedy, as my hon. Friend the Member for Dudley North (Marco Longhi) has just touched on, and the support announced recently does not cover them. So they continue to have this uncertainty hanging over them, not just at a regular time but during a pandemic, when, more often than not, they have a million and one other concerns and anxieties influencing their lives. Ultimately, that is why I believe that we have moved significantly forward. I am very interested in the possibility that a Building Safety Bill will pick up on the issue and make sure that we address those leaseholders who are living in buildings that are unsafe and where there are significant issues and significant costs are currently being placed on them. It is not specifically about cladding; there are other issues and other factors that make these properties unsafe.
With this Fire Safety Bill, we have rightly had the consultation on fire safety orders, and that now needs to be enacted. At the same time, we have the Building Safety Bill. That needs to come to this House so that many of the issues that are understandably being debated today can be resolved in that legislation. This is about doing things in the right way, so that they are not able to be challenged in the courts in future.
I am not taking away anything at all from the many leaseholders who bought their homes in good faith, trusting developers to build a safe home and purchasing with what they believed to be confidence that all had been done in accordance with the law. My constituency does not have any buildings over the height of 18 metres that require remediation, and we are not hit by the same issues as, say, cities such as Manchester or Liverpool. However, I have constituents with families and friends who are desperately worried about their loved ones’ safety and the costs of potential remediation, because they have used some of their savings to invest in a property to give them a future income.
I welcome the £5 billion already put forward by the Government to begin to allow some of the issues to be addressed, with a commitment to funding all buildings over 18 metres high. I welcome the clear indication today from the Minister that Government will work with hon. Members to address the many concerns being raised through the forthcoming Building Safety Bill. We must also recognise the daily worries and distress among people who have been caught in this nightmare situation. The Government now have an opportunity to show how funding promises will work in practice. In fact, it should be a ministerial priority.
To conclude, I echo the words of my hon. Friend the Member for Kensington (Felicity Buchan): this Bill is the first step, and we need to get on with it.
People bought their leasehold properties in good faith. They are in the situation that they are in—those properties are unsafe—through no fault of the owners and entirely through the fault of the developers, the regulatory framework and the Governments of various colours over the years who permitted unsafe buildings to be built. How outrageous would it be if the blameless and the poorest were left to pay the burden and the bill? The reality is that so many leaseholders in my constituency and elsewhere throughout the country are in no position to move and cannot sell. They are at their wits’ end and they are facing the end of their financial resources, too.
The Government say they will fund the making safe of blocks that are higher than 18 metres, but actually that funding relates only to the cladding of those buildings; it does not cover other things that may make those buildings unsafe. What about wooden balconies or cement particle board behind the cladding? That also needs to be covered. Those in buildings that are higher than 11 metres but lower than 18 metres will potentially have to take out colossal debts to pay privately for the work required to make their properties safe. Those who own flats in buildings that are smaller than 11 metres get no support whatsoever. The vast majority, if not all, of the relevant properties in constituencies like ours, Mr Deputy Speaker—I bet it is similar in your constituency—are much smaller than 11 metres. The provisions in the Bill ignore in particular those in rural communities who are in need.
It is a massive injustice that we should be forcing people to be fretting, worrying and facing bankruptcy and all sorts of other challenges to their lives because of a burden that is not their fault, that they cannot afford and for which the Government are refusing to pay. As things stand, the Government will meet the costs of the removal and making safe of cladding on properties that account for only 13% of those affected and less than a third of the costs, and leave the massive majority of the burden on people who are blameless and the poorest. That is unjust, and that is why the Bill needs amending.
I welcome the opportunity to speak in this debate. This is the first opportunity I have had to speak on this extremely important Bill, and naturally my thoughts turn to the unimaginable tragedy of Grenfell Tower, which none of us will forget—it shocked and horrified us all throughout the country. I know that the Government are gripped by a determination to right the wrongs of the past and to bring about the biggest improvement to building safety in a generation, to prevent such a tragedy from ever happening again.
While I am speaking about Grenfell, I pay tribute to my hon. Friend the Member for Kensington (Felicity Buchan) and her speech earlier. She is right that we need to get on with it rather than muck about with parliamentary procedure. That brings me to the reason why I support the Government’s positions today. The Queen’s Speech committed the Government to introducing two Bills on fire and building safety. This Bill, the first, is straightforward but is nevertheless an important step. I very much await the second Bill, the Building Safety Bill. We have to get things right in the right order, and we have to proceed as quickly as possible.
On the substance of this Bill, I certainly welcome the policy intention. It is a profoundly important step towards remedying the flaws in the building safety regime that were identified in the Hackitt report. It is a narrowly drafted Bill, but it enables legal certainty. When the Housing, Communities and Local Government Committee did pre-legislative scrutiny of the Bill, we heard a lot of evidence suggesting that it was a compelling vision for the future of the industry. The Fire Action Safety Group called it “a positive first step”—I recognise that the group said “first step”—and the London Fire Brigade said it went
“a long way towards meeting the policy objective of a robust regime.”
On that, I think we can all agree.
There are, though, other issues in respect of the remediation of safety problems. I am sure I am not alone in having received emails from a number of leaseholders worried about the unaffordable costs of remediation. They are uncertain and worried, and some face negative equity. I agree with those who have said today that nobody should be in such a position. I can only imagine how I would have felt in my 20s or 30s if I had received a letter suggesting that I had a liability of tens of thousands of pounds. I do not minimise those concerns. However, I do take the Government at face value when they say that the Bill, as drafted, does not have the necessary legislative detail to underpin the amendments in the names of my hon. Friends the Members for Stevenage (Stephen McPartland) and for Southampton, Itchen (Royston Smith)—a problem my hon. Friend the Minister referred to in his opening speech. Accepting these amendments would require extensive drafting of primary legislation to make them legally workable. That would significantly delay the implementation of the Bill, and I am concerned about the consequences of that.
It is clear that high-rise buildings in this country should never have been fitted with this dangerous, unsafe cladding. It is vital that we take the steps to make this right once and for all—making those buildings safer and protecting residents from crippling costs—and at a pace that the severity of the situation demands. We must ensure that Grenfell can never, ever happen again.
It might be worth restating at the beginning the broad task that lies ahead of us as a House and, indeed, as a Government. It falls in three areas. First, we have to deal with remediation as quickly as possible. We talked a lot about that today, and about how we can perhaps increase the pace. Obviously there have been significant steps recently, not least the money that has been put forward. Secondly, we have to restore a proper appreciation of risk and value to affected properties, so that the finance industry and insurance industry can do their work in enabling the transfer of those properties and their protection correctly, rather than the current “computer says no” system.
I turn to some of the questions asked. First, I was asked, not least by the hon. Member for Croydon Central (Sarah Jones), why we cannot give a firm timetable for the building safety legislation programme. I recognise that there is an intent and a desire for certainty, and we want to legislate at the earliest possible opportunity. However, Members should also be aware that making these fundamental reforms to building safety is incredibly complex, so it is important that we get this right, as a number of Members raised, by ensuring that our measures are properly scrutinised by experts and Parliament before we legislate.
The Building Safety Bill has more than 140 clauses, and I cannot prejudge the time that Parliament will need to properly scrutinise this important piece of legislation before it is put on the statute book. It is for that reason that I cannot provide specific dates for when legislation will come into force, but I emphasise again that the Government are as committed as ever to delivering the inquiry’s recommendations. We will bring the Fire Safety Bill into force as early as possible after Royal Assent. The regulations will follow as early as practicable, and we expect the Building Safety Bill to be introduced after the Government have considered the recommendations from the HCLG Committee, and when parliamentary time allows. We are therefore resisting the Labour amendment, for the extensive reasons that I mentioned in my opening speech. We think it is unnecessary and inflexible. I restated various points as to why we think that is the case earlier.
I turn to remediation, and particularly the amendments laid by my hon. Friend the Member for Stevenage (Stephen McPartland) and my good and hon. friend the Member for Southampton, Itchen (Royston Smith). We recognise that they care deeply about this issue, as do many Members from across the House, and they have obviously worked hard to represent their constituencies with dedication and passion. Having sat with leaseholders, in my role as Housing Minister, and with the bereaved and survivors of the Grenfell community, I am aware, as of course we all are, of the terrible anguish and worry that this has caused to many. We agree with the intent to give leaseholders the peace of mind and financial certainty they crave.
A number of Members, not least my hon. Friend the Member for Bolton West (Chris Green), my right hon. Friend the Member for North Somerset (Dr Fox) and my hon. Friend the Member for Dudley North (Marco Longhi), raised the issue of height, and there was a focus on 18-metre buildings. We have rightly focused on those above 18 metres with unsafe cladding for the most generous and comprehensive support package. The Department’s position on this has been set out on a range of guidance. It has not changed and remains clear: we are taking a proportionate approach to fire safety, based on long-standing expert advice. The importance of height alongside use as a risk factor is recognised around the globe. The number of people potentially exposed to a fire increases with the height of the building, and at greater heights firefighting and rescue becomes more challenging. In this country, 18 metres is the height at which building standards become more restrictive and presumptions about firefighting tactics change. The advice from the expert panel recognises that the risk from cladding fires reduces for lower-rise buildings.
Finally, let me turn to the broad issue of where the measure or debate should happen and whether this is the right Bill for that, which was raised by a number of Members, not least by my hon. Friend the Member for Dover (Mrs Elphicke) and, in particular, my hon. Friend the Member for Kensington (Felicity Buchan). I know that she has been working extremely hard on this issue, with some dedication, not surprisingly, given that Grenfell Tower lies in her constituency—it also lies in my former London Assembly constituency. I pay tribute to the work she has done alongside that community to push the Government and challenge us to do better and go faster all the time. Both those Members and others made the point that this Bill is not the correct vehicle to address the matter. As I said earlier, this is a short but crucial Bill to ensure that fire risk assessments are updated to take account of external walls and flat entrance doors. The Building Safety Bill is the appropriate legislative mechanism for addressing the other issue, and it will be addressed in the spring. That Bill will contain the detailed and complex provisions that are needed to address remediation costs.
It might be worth my rehearsing what will come in that Bill, just to outline its complexity. It will produce a new national building safety regulator to enforce a more stringent regime for high-risk buildings, to oversee safety and the standards of all buildings, and enhance industry and regulatory competence. It will introduce clearer accountability for and stronger duties on those responsible for the safety of buildings in scope of the new more stringent regulatory regime through design, construction and occupation. It will give residents a stronger voice in the system, ensuring that their concerns are never ignored. It will create a stronger enforcement and sanctions regime to deter non-compliance with the new regime, along with regulatory resources to use sanctions effectively. It will put in place a new stronger and clearer framework to provide national oversight of construction products to ensure that all products meet high performance standards. It will also introduce a requirement that developers of new build housing belong to a new homes ombudsman and removal the need for social housing residents to pass through the democratic filter in order to access the housing ombudsman. Members will recognise that this is an extremely complex piece of work and we think that for us to try to reproduce that in what is meant to be a short, technical Bill to kick off this process of work would be an incorrect way to go.
However, our programme of work outside this House is not limited just to legislation. As I said earlier, we have a £5 billion investment in building safety, including the £3.5 billion announced on 10 February, which will fully fund the cost of replacing unsafe cladding for all leaseholders in buildings over 18 metres. Obviously, we have the financing scheme for the removal of unsafe cladding on buildings of 11 metres to 18 metres, under which leaseholders will contribute no more than £50 a month. As the hon. Member for Hackney South and Shoreditch (Meg Hillier) said, we have banned the use of combustible materials in cladding systems on high-risk blocks, as well as on hospitals, care premises and student accommodation. We are also establishing a fire protection board, chaired by the National Fire Chiefs Council, which is leading a programme of work supported by £10 million of Government funding to ensure that all high-rise residential buildings in England are inspected or reviewed by the end of 2021. It is for this reason, and for the various reasons that I outlined in my opening speech, that we wish to support amendments 1 and 5, and resist those—
Three hours having elapsed since the commencement of proceedings on consideration of Lords amendments, the debate was interrupted (Programme Order, this day).
The Deputy Speaker put forthwith the Question already proposed from the Chair (Standing Order No. 83F), That this House agrees with Lords amendment 1.
Question agreed to.
Lords amendment 1 agreed to.
The Deputy Speaker then put forthwith the Questions necessary for the disposal of the business to be concluded at that time (Standing Order No. 83F).
Motion made, and Question put, That this House disagrees with Lords amendment 2.—(Kit Malthouse.)
Lords amendment 2 disagreed to.
The list of Members currently certified as eligible for a proxy vote, and of the Members nominated as their proxy, is published at the end of today's debates.
Lords amendment 3 disagreed to.
Motion made, and Question put, That this House disagrees with Lords amendment 4.—(Kit Malthouse.)
Lords amendment 4 disagreed to.
The list of Members currently certified as eligible for a proxy vote, and of the Members nominated as their proxy, is published at the end of today’s debates.
Lords amendment 5 agreed to.
Motion made, and Question put forthwith (Standing Order No. 83H), That a Committee be appointed to draw up Reasons to be assigned to the Lords for disagreeing to their amendments 2, 3 and 4;
That Kit Malthouse, Tom Pursglove, Scott Mann and Sir Alan Campbell be members of the Committee;
That Kit Malthouse be the Chair of the Committee;
That three be the quorum of the Committee.
That the Committee do withdraw immediately.—(James Morris.)
Question agreed to.
Committee to withdraw immediately; reasons to be reported and communicated to the Lords.
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