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Written Question
Furniture: Fire Resistant Materials
Wednesday 5th June 2019

Asked by: Countess of Mar (Crossbench - Excepted Hereditary)

Question to the Department for Business, Energy and Industrial Strategy:

To ask Her Majesty's Government what was (1) the basis, and (2) the supporting evidence, for the proposal contained in the Department for Business, Energy and Industrial Strategy’s 2016 consultation on the Furniture and Furnishings (Fire) (Safety) Regulations to continue to include children’s mattresses in the scope of the Furniture and Furnishings (Fire) (Safety) Regulations 1988, in the light of the EU ban on the use of brominated and organophosphate chemicals in children’s mattresses.

Answered by Lord Henley

The Government has been reviewing the Furniture and Furnishings (Fire) (Safety) Regulations 1988. The 2016 consultation on updating the Furniture and Furnishings (Fire) (Safety) Regulations sought views on proposals for clarifying and amending the scope of the regulations. The Department will publish its response to the 2016 consultation in due course.

Chemicals, including brominated and organophosphate flame retardants used in UK furniture, are regulated under Regulation (EC) No 1907/2006 on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH). REACH aims to provide a high level of protection for health and the environment from the use of chemicals including those used in products.


Written Question
Furniture: Fire Resistant Materials
Wednesday 5th June 2019

Asked by: Countess of Mar (Crossbench - Excepted Hereditary)

Question to the Department for Business, Energy and Industrial Strategy:

To ask Her Majesty's Government, further to the Written Answer by Lord Henley on 21 May (HL15638), what steps they are taking to clarify which of the Furniture and Furnishings (Fire) (Safety) Regulations 1988 or the Regulatory Reform (Fire Safety) Order 2005 should take precedence in circumstances where either might apply, such as in (1) domestic and communal spaces in care homes, or (2) an office room based in a domestic dwelling.

Answered by Lord Henley

The Furniture and Furnishings (Fire) (Safety) Regulations 1988 apply to upholstered furniture which is ordinarily intended for private use in a dwelling.

The Regulatory Reform (Fire Safety) Order 2005 (FSO) is primarily for businesses and other non-domestic premises including communal areas of multi-occupied residential premises – where the communal areas are effectively workplaces and not primarily domestic premises. For care homes where the main use is the provision of residential care, the FSO applies to the entire premises as they are a workplace. It does not apply to people’s private homes.


Written Question
Furniture: Fire Resistant Materials
Wednesday 5th June 2019

Asked by: Countess of Mar (Crossbench - Excepted Hereditary)

Question to the Department for Business, Energy and Industrial Strategy:

To ask Her Majesty's Government, further to the Written Answer by Lord Henley on 21 May (HL15637), how much of the allocation for 2018–19 has been spent on product compliance testing; how many tests were conducted; and what were the results.

Answered by Lord Henley

The Office for Product Safety and Standards allocated £500k in 2018/19 for local authority trading standards to fund the testing of products that were manufactured or imported into their local authority area.

Test reports are currently being collated and the data analysed to establish the total numbers of samples tested, the product safety legislation that has been tested to and the level of non-compliance. The results of this analysis are expected in the summer and will be published in due course.


Written Question
Furniture: Fire Resistant Materials
Wednesday 5th June 2019

Asked by: Countess of Mar (Crossbench - Excepted Hereditary)

Question to the Department for Business, Energy and Industrial Strategy:

To ask Her Majesty's Government how much the Office for Product Safety and Standards has spent on testing for compliance using the match test under the Furniture and Furnishings (Fire) (Safety) Regulations 1988 since its formation; how many fabrics have failed the test; and how many have passed.

Answered by Lord Henley

The Office for Product Safety and Standards allocated £500k in 2018/19 for local authority trading standards to fund the testing of products that were manufactured or imported into their local authority area.

Test reports are currently being collated and the data analysed to establish the total numbers of samples tested, the product safety legislation that has been tested to and the level of non-compliance. The results of this analysis are expected in the summer and will be published in due course.


Written Question
Furniture: Fire Resistant Materials
Wednesday 5th June 2019

Asked by: Countess of Mar (Crossbench - Excepted Hereditary)

Question to the Department for Business, Energy and Industrial Strategy:

To ask Her Majesty's Government, further to the Written Answer by Lord Henley on 22 May (HL15636), which scientific evidence from external sources including academic papers and studies they are taking into account; what are the dates of meetings that have taken place to discuss the progress of the review; and whether they have met (1) Professor Richard Hull of the University of Central Lancashire, or (2) Bob Birtles of the Greater Manchester Fire and Rescue Service, in relation to the review.

Answered by Lord Henley

The Furniture and Furnishings (Fire) (Safety) Regulations 1988 are being reviewed to ensure they reflect changed fire safety risks, innovation, manufacturing processes and environmental and health concerns of chemical flame retardants whilst maintaining product safety protections.

The Department will publish its response to the 2016 consultation in due course. This will take into account of the responses received, the views of experts from across government including the Department for Environment, Food and Rural Affairs, Public Health England, the Food Standards Agency and the Fire Services, as well as a range of evidence from external sources such as academic papers.

Ministers have not had meetings with Professor Richard Hull or Bob Birtles. Details of ministerial meetings with external bodies are published on the Gov.uk website.


Written Question
Furniture: Fire Resistant Materials
Wednesday 5th June 2019

Asked by: Countess of Mar (Crossbench - Excepted Hereditary)

Question to the Department for Business, Energy and Industrial Strategy:

To ask Her Majesty's Government, further to the Written Answer by Lord Henley on 22 May (HL15639), what is the basis for their assertion that the Furniture and Furnishings (Fire) (Safety) Regulations 1988 ensure the “highest levels of fire safety”; and what assessment they have made of the findings of the (1) 2014 and 2016 consultations on reforming the law, and (2) Flame retardants in UK furniture increase smoke toxicity more than they reduce the fire growth rate, published in the Chemosphere in April 2018.

Answered by Lord Henley

The Furniture and Furnishings (Fire) (Safety) Regulations 1988 are being reviewed to ensure they reflect changed fire safety risks, innovation, manufacturing processes and environmental and health concerns of chemical flame retardants whilst maintaining product safety protections.

The Department will publish its response to the 2016 consultation in due course. This will take into account of the responses received, the views of experts from across government including the Department for Environment, Food and Rural Affairs, Public Health England, the Food Standards Agency and the Fire Services, as well as a range of evidence from external sources such as academic papers.

Ministers have not had meetings with Professor Richard Hull or Bob Birtles. Details of ministerial meetings with external bodies are published on the Gov.uk website.


Written Question
Furniture: Fire Resistant Materials
Wednesday 5th June 2019

Asked by: Countess of Mar (Crossbench - Excepted Hereditary)

Question to the Department for Business, Energy and Industrial Strategy:

To ask Her Majesty's Government, further to the Written Answer by Lord Gardiner of Kimble on 11 September 2018 (HL10265), whether the volumes of DecaBDE in existing upholstered furniture have been established; and what procedures are in place to safely dispose of such furniture.

Answered by Lord Henley

The Government does not hold information on the volumes of DecaBDE in existing upholstered furniture. The Government is working with stakeholders and experts to assess the best routes for disposal of waste containing DecaBDE to protect the environment and human health.


Written Question
Furniture and Furnishings (Fire) (Safety) Regulations 1988
Wednesday 22nd May 2019

Asked by: Countess of Mar (Crossbench - Excepted Hereditary)

Question to the Department for Business, Energy and Industrial Strategy:

To ask Her Majesty's Government when they will respond to their 2016 consultation on updating the Furniture and Furnishings (Fire Safety) Regulations 1988.

Answered by Lord Henley

This is a complex issue and it is absolutely vital that the Government gets this right: we are committed to reviewing these regulations to ensure that the highest levels of fire safety are maintained while minimising risks to health and the environment.

The Department will publish its response to the 2016 consultation in due course.


Written Question
Furniture: Fire Resistant Materials
Wednesday 22nd May 2019

Asked by: Countess of Mar (Crossbench - Excepted Hereditary)

Question to the Department for Business, Energy and Industrial Strategy:

To ask Her Majesty's Government how much the Office for Product Safety and Standards has spent on product compliance testing under the Furniture and Furnishings (Fire Safety) Regulations 1988 since its formation; and what were the results of such testing.

Answered by Lord Henley

The Office for Product Safety and Standards has made available £500,000 in 2018 and £600,000 in 2019 for Local Authority Trading Standards to carry out product compliance testing at accredited laboratories. This testing includes compliance testing under the Furniture and Furnishings (Fire) (Safety) Regulations 1988.

Local Authority Trading Standards take appropriate enforcement action as required in light of the results from this testing.


Written Question
Furniture: Fire Resistant Materials
Wednesday 22nd May 2019

Asked by: Countess of Mar (Crossbench - Excepted Hereditary)

Question to the Department for Business, Energy and Industrial Strategy:

To ask Her Majesty's Government what assessment they have made of the finding of the study Flame retardants in UK furniture increase smoke toxicity more than they reduce fire growth rate, published in the journal Chemosphere in December 2017; and what steps they are taking to ensure that UK furniture is safe.

Answered by Lord Henley

As part of the Government’s review of the Furniture and Furnishings (Fire)(Safety) Regulations 1988, we are taking account of a wide range of scientific evidence from external sources including academic papers and studies.

We are committed to reviewing these regulations to ensure that the highest levels of fire safety are maintained while minimising risks to health and the environment.