Tower Blocks: Cladding

Lord Kennedy of Southwark Excerpts

Wednesday 12th May 2021 Lords Chamber

Asked by

[Lord Kennedy of Southwark]

To ask Her Majesty’s Government, further to a fire at a tower block in Poplar, London which left two people hospitalised and others injured, what plans they have to remove flammable cladding and ensure buildings are fire safe.

[The Minister of State, Home Office and Ministry of Housing, Communities and Local Government (Lord Greenhalgh) (Con)]

I would like to express my deepest sympathies to the residents affected by the fire at New Providence Wharf and pay tribute to the swift response by the London Fire Brigade. We are providing an unprecedented £5.1 billion to fund the remediation of unsafe cladding, with expert support for those who need it. New Providence Wharf itself has received £8 million.

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, I draw the attention of the House to my relevant interests as set out in the register.

I join the Minister in expressing my sympathy to the victims of the fire and expressing my thanks to the London Fire Brigade. The fire in the tower block in Poplar is another devastating reminder of the dangerous, stressful, worrying and wholly unacceptable situation that thousands of people find themselves in today. Leaseholders and tenants are the innocent victims in a scandal that the Prime Minister promised they would not be picking up the bill for. So why are the Prime Minister’s words and promises to the victims so far removed from the reality and actions of the Government? When does the Minister expect the Government to start delivering on the repeated pledges and promises that the Prime Minister has made?

[Lord Greenhalgh (Con)]

My Lords, I start by pointing out that on 95% of the buildings that were identified at the start of last year as having the same cladding as Grenfell Tower either the cladding has been removed or work has started to remove it. We have made great progress in the past year, with some 159 starts on site. The building safety fund is open and continues to approve a number of works that will ensure that other forms of unsafe cladding are removed.

Leaseholders and Property Management Companies

Lord Kennedy of Southwark Excerpts

Thursday 29th April 2021 Lords Chamber

Asked by

[Lord Kennedy of Southwark]

To ask Her Majesty’s Government what assessment they have made of the effectiveness of the law in respect of the responsibilities of (1) leaseholders, and (2) property management companies, for the upkeep of communal areas in blocks of flats.

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, I beg leave to ask the Question standing in my name on the Order Paper and, in doing so, I want to say that I am so proud to be able to ask a Question on your last day, Lord Speaker. You have been an exceptional Lord Speaker; thank you so much.

[The Minister of State, Home Office and Ministry of Housing, Communities and Local Government (Lord Greenhalgh) (Con)]

The Government are committed to promoting fairness and transparency for homeowners and ensuring that leaseholders are protected from abuse and poor service. Following Law Commission reports on enfranchisement, right to manage and commonhold, the Government are taking forward a comprehensive programme of reform to end unfair practices in the leasehold market. We are also considering the recommendation from the independent working group on property agents, chaired by the noble Lord, Lord Best.

--- Later in debate ---

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, I refer the House to my relevant interests as set out in the register. Does the noble Lord accept that, in many cases, leaseholders are trapped, paying expensive fees to management companies for the care and upkeep of communal areas or the property that they live in, and that the provisions that enable fees to be challenged and management companies to be replaced are not fit for purpose and need to be radically updated to place real control and choice in the hands of the leaseholders?

[Lord Greenhalgh (Con)]

My Lords, we believe very strongly that any fees and charges should be justifiable, transparent and communicated effectively and that there should be a clear route to challenge or address things if they go wrong. That is why we commissioned the noble Lord, Lord Best, to do his report.

Fire Safety Bill

Lord Kennedy of Southwark Excerpts

Consideration of Commons amendments
Wednesday 28th April 2021 Lords Chamber

[The Minister of State, Home Office and Ministry of Housing, Communities and Local Government (Lord Greenhalgh) (Con)]

My Lords, I express my thanks once again to everyone for their contributions to this important debate. The other place has now consistently voted against four different amendments on the issue of remediation. It is a vital issue but it is not for this Bill. This House has a choice about whether to prioritise finalising this important Bill or to delay it to the point where it falls.

The Government’s position on the Fire Safety Bill has not changed. I will repeat our key points. We are all in agreement about the importance of getting the Fire Safety Bill on the statute book. Residents have a right to be safe and feel safe in their homes. As I have said repeatedly, without this Bill the legal ambiguity around the fire safety order will continue.

Let me be clear about what is at stake if we do not resolve this: responsible persons for multi-occupied residential buildings will be able to continue to argue that it is lawful to ignore the fire safety risk of the structure, external walls and flat entrance doors; and fire and rescue services will lack the legal certainty to support enforcement decisions taken to keep people safe.

Failure to get this Bill to the statute book will lead to a delay in delivering the Grenfell recommendations. This is not a political point. This Bill must come first as it provides the legal certainty that I have just referred to. That certainty will enable the Secretary of State to make regulations with reduced risk of challenge to place duties on responsible persons in relation to the external wall structure and flat entrance doors, as the inquiry recommended.

It might help the House if I provided an example. The inquiry recommended a frequency of checks on fire safety doors, including flat entrance doors and communal fire doors. That cannot be done easily and in a way that is relatively free from legal risk if we have not identified that flat entrance doors are within the scope of the fire safety order. Equally, enforcing authorities would not be able to take appropriate action in this regard.

I thank your Lordships for recognising the substantial government support—to the tune of £5.1 billion—for leaseholders for remediation of unsafe cladding. Our five-point plan to bring an end to this cladding crisis helps provide certainty to the housing market. Noble Lords yesterday raised some points about uncertainty in the housing market and about the concerns of lenders and insurers. Our five-point plan addresses these.

More needs to be done to ensure that those responsible for fire safety defects should contribute to paying the costs of remediation. Industry must play its part and pay its way, and through our high-rise levy and developer tax we will make sure that developers with the broadest shoulders pay their contribution.

I agree that leaseholders need stronger avenues for redress and I made that clear yesterday. The building safety Bill will bring forward measures to do this, including making directors as well as companies liable for prosecution. We are bringing about the biggest changes in a generation to the system through the building safety Bill.

Finally, I reiterate the comments I made yesterday about forfeiture. It is a draconian measure that should be used only as a last resort. This measure should be considered as part of our wider programme on leasehold reform. I beg to move.

Motion A1 (as an amendment to Motion A)

[Lord Kennedy of Southwark]

Moved by

Leave out from “House” to end and insert “do insist on its Amendment 4L”

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, I first draw the attention of the House to my relevant interests as a vice-president of the Local Government Association, a non-executive director of MHS Homes Ltd and chair of the Heart of Medway Housing Association.

It is disappointing and frankly outrageous that the Government are doing nothing and not delivering on their promises to the innocent victims of the cladding scandal. The noble Lord, Lord Greenhalgh, has gone through various points. He said that the other place had consistently voted against our amendments. That is a matter of much personal regret. Most Members of the governing party do not seem to recognise the plight of the innocent victims in this scandal.

What also irritates me about this issue is the point made by my noble friend Lord Adonis. The Government are now saying, “Well, of course, the Session finishes tomorrow and we need to get the Bill on the books”. The fact is that the Government, when the House of Commons rejected our amendments some weeks ago, left them sitting there and did not bring them here. They could have done so and I do not know whether that was deliberate or incompetent. The fact is that the amendments just sat there and were not brought here. For the Government then to claim, “We cannot go any further because of where we are” is irritating, to say the least.

It is fair to say that one could never accuse this Government of acting in haste when it comes to the Grenfell Tower inquiry recommendations. This is the first piece of legislation since the fire happened four years ago this summer. The Government have not acted in haste at all. The noble Lord, Lord Greenhalgh, is right: I want to see the people who built defective buildings and put cladding on improperly pay. I do not want to see the innocent victims pay. I also want the companies that provided insurance honour it. They were clearly happy to provide the insurance and they should pay up. I also want to see the professionals who signed the buildings off and who pay for their professional indemnity insurance, come forward, recognise and be held to account for what they have done.

It is even more outrageous when one considers what our Prime Minister—the Prime Minister of the United Kingdom—been saying for the past 18 months. I shall remind the House of one or two of his quotes—not all because there are loads of them. There are many examples and I suggest that noble Lords, particularly those on the Government Benches, would do well to reflect on some of those comments, read what he said, think about them and consider what they will do in terms of the how they are being whipped to vote. The PM said on 30 October 2019:

“I know that progress is not as fast I should like, but I am pleased to say that all such buildings owned by central and local government have now had their cladding removed, are undergoing work to remove it, or, at the very least, have such work scheduled. In the private sector, progress is slower, and too many building owners have not acted responsibly.”—[Official Report, Commons, 30/10/19; col. 379.]


He also said:

“My hon. Friend is absolutely right to draw attention to this injustice and what is happening with leaseholders at the moment. That is why we have put £1.6 billion into removing unsafe cladding. I do not want to see leaseholders being forced to pay for the remediation, and I can assure my hon. Friend that we are looking now urgently—before the expiry of the current arrangements—at what we can do to take them forward and support leaseholders, who are in a very unfair position.”—[Official Report, Commons, 9/12/20; col. 842.]


That was the Prime Minister on 9 December 2020. He subsequently said:

“We are determined that no leaseholder should have to pay for the unaffordable costs of fixing safety defects that they did not cause and are no fault of their own.”—[Official Report, Commons, 3/2/21; col. 945.]


Everyone would agree with that. That was the reply of the Prime Minister to the Leader of the Opposition on 3 February this year. That is just three quotes but there are many others that noble Lords should look at. Those are the quotes but we then come back to the reality of where we are, which is something different, is it not? It goes on and on.

What is shocking for me is that whenever the Government are provided with the means, through the Fire Safety Bill, to do what they promised—what the Prime Minister promised—they vote against it. We get excuse after excuse after excuse from the noble Lord, Lord Greenhalgh, or at the other end about why the Prime Minister cannot do this and why the Government cannot deliver on their promises.

--- Later in debate ---

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

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, I thank all noble Lords who have spoken in this debate tonight. It is worth pointing out that for the second day in a row debating these issues not a single Member of the Government Benches has come forward to support the noble Lord, Lord Greenhalgh, or the Government’s position. As I said yesterday, I am not surprised because the position of the Government, frankly, is a disgrace and is totally outrageous.

The Government claim that we have not got this amendment right, it lacks clarity and we do not have the time. If we were going to accept that as a serious proposition, we would not have had this Bill just sitting there for weeks and weeks not being tabled by the Government. After it was rejected by the Commons it could have been brought here. They chose not to table it. They left it sitting there. I really do not think that point holds water.

Of course, the problem for the noble Lord, Lord Greenhalgh, is that the sums of money pledged—and I accept that they are considerable—do not deliver the Prime Minister’s pledges, or do his pledges count for nothing? I will leave that there. He makes a lot of promises and pledges. I hope they count for something or do they count for nothing?

If voting again for this amendment would change anything, I would divide the House, but I am also not prepared to mislead those affected that we can force the Government to change this Bill. Sadly, the Government are not listening and the House prorogues tomorrow.

This issue, however, will not go away. The Government will be forced to do the right thing by the leaseholders, by the campaigners, by the Cladiators and by Members of this House and the other place. They will be dragged kicking and screaming to do what the leader of their party, the Prime Minister of the UK, pledged to do. I quote the Prime Minister—I think that the House will hear this quote time and again, until the Government do what he promised. He said:

“We are determined that no leaseholder should have to pay for the unaffordable costs of fixing safety defects that they did not cause and are no fault of their own.”—[Official Report, Commons, 3/2/21; col. 945.]


That was the Prime Minister of the United Kingdom and leader of the Conservative Party, the right honourable Boris Johnson MP, in response to a question put to him by the Leader of the Opposition on 3 February. That statement was made after this Bill had been through both Houses and three weeks before the Government, in the other place, rejected our amendments for the first time. The PM’s Government voted against the PM’s pledge—his promise—at every opportunity. The position is, frankly, ridiculous; what complete and utter nonsense has come from the Government.

As I said, I will not test the opinion of the House on my Motion tonight. This issue, however, will not go away, and the Government will have to deliver on their pledges and promises. I beg leave to withdraw the Motion.

Motion A1 withdrawn.

Fire Safety Bill

Lord Kennedy of Southwark Excerpts

Consideration of Commons amendments
Tuesday 27th April 2021 Lords Chamber

Moved by

[Lord Kennedy of Southwark]

At end insert “but do propose Amendment 4L in lieu—

4L: After Clause 2, insert the following new Clause—
“Legislative proposals relating to prohibition on passing remediation costs on to leaseholders and tenants
(1) The owner of a building may not pass the costs of any remedial work attributable to the provisions of this Act on to leaseholders or tenants of that building.
(2) Subsection (1) has effect only until a statutory scheme is in operation which ensures that leaseholders and tenants of dwellings do not have to pay for remedial work attributable to the provisions of this Act.
(3) Within 90 days of the passing of this Act, the Secretary of State must publish draft legislation to ensure that leaseholders and tenants of dwellings do not have to pay the costs of any remedial work attributable to the provisions of this Act, and must also publish a statement on a proposed timetable for the passage of the draft legislation.
(4) Within 120 days of the passing of this Act, the Secretary of State must publish a statement confirming whether the draft legislation mentioned in subsection (3) has progressed.””

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, I join noble Lord in paying tribute to the fire and rescue services, and the bravery they have shown recently and every day. But these heroes—they are heroes—are FBU members. They have not always been shown the respect they deserve from many people, particularly the Prime Minister when he was Mayor of London. He did not always show the FBU members the respect they deserved, and these are the same people. I make that one point.

I draw the House’s attention to my relevant interest as a vice-president of the Local Government Association, a non-executive director of MHS Homes Ltd and chair of the Heart of Medway Housing Association. It is most disappointing that we are back here again, and I accept that it is very unusual for us to push this again, but I will test the opinion of the House.

My amendment is based on the amendment from the right reverend Prelate the Bishop of St Albans, and it would ensure that no costs are passed on to the leaseholders or tenants. That the subsection would remain in force until such time that we get the Government’s statutory scheme. Further, it would place a requirement on the Secretary of State to come back within 90 days to publish draft legislation to ensure that leaseholders and tenants do not have to pay, and to publish a timetable for the implementation of that legislation. Finally, we would also require a progress report from the Secretary of State within 120 days of the passing of this amendment.

Now, why are we back here again? It is because the Government have been quick to promise and slow to act. We are here because they are not listening to the innocent victims of the cladding scandal, who should be at the forefront of the levelling-up agenda, if it is anything but a slogan that the Government have no intention of delivering. These people are families whose homes are blighted. They need their Government to come to their aid but, instead, the Government made promises that they have spectacularly failed to deliver. That is no way for a Government to behave. As I said, I intend to divide the House when the time comes.

“We will do whatever it takes” is a statement that the Government regularly put about, whether from the Chancellor announcing new measures or the Culture Secretary regarding the European Super League. Sadly, it is never said by the Government when it comes to dealing with the innocent victims of the cladding scandal. Perhaps, in replying to the debate, the noble Lord, Lord Greenhalgh, the Minister for Fire Safety, can explain that failure to the House, because we have never heard from the Government what the plan is, which is part of the problem. If we are informed of a clear, well thought-out pathway and route map to help the victims we could make progress, but for some reason the Government will not do that. Perhaps the noble Lord can tell the House about this road map when he responds to the debate.

I want to see this Bill on the statute book, but I do not accept for one minute that this puts it at risk. We still have days before the end of the Session. I do not want to hold the Bill up. It is good in what it does, which is to implement the first recommendation of the Grenfell Tower inquiry—the first bit of legislation since the fire, now nearly four years ago. No one can accuse the Government of acting in haste. On a separate matter, we still have six families in temporary accommodation following the fire at Grenfell Tower.

It is vital that our dwellings are safe and that people can sleep safely at night, without fear. The Government have committed £5 billion—I accept that that is a significant amount of money—but the situation is far from satisfactory and it is in the Government’s gift to do something about it. Only the Government can do something about it, but they are not willing to at present. As the right reverend Prelate the Bishop of St Albans told us when we last debated this—I pay tribute to him for his leadership and for seeking a solution to this scandal—the result can be bankruptcies, enormous mental health strains and possibly worse. Part of the problem is that there have been no assurances to prevent the remediation costs being passed on to leaseholders until the Government’s scheme is operational. This is what my amendment seeks: to prevent the costs of this scandal being passed on to tenants and leaseholders, the innocent victims.

We have all seen in the media the heartbreaking reports of the crippling costs that leaseholders are having to bear, such as interim fire safety costs and high insurance premiums. Surely the developers that built these defective flats, the insurance companies that provided the guarantees but no longer want to honour their commitments and the professionals who signed off the buildings as safe should be paying through their professional indemnity insurance. Instead, innocent victims are left bearing the costs of this scandal, despite the promises made to them.

This leaves them with a dilemma: sell their lease and take on the debt resulting from negative equity, or stay in their leases and face huge debts in the form of remediation bills. They might possibly declare bankruptcy. Surely that is wrong. The leaseholders are playing by the rules and paying their taxes. They are buying a home and doing the right thing, but are not being supported. They had no indication that this was coming. This is a dreadful tragedy. In the absence of an adequate plan and scheme to deal with these issues properly and fairly, there is no other way forward. I hope that the House will support me. We need to find a solution to pay these costs. I beg to move.

[Baroness Pinnock (LD) [V]]

My Lords, I start by drawing the attention of the House to my interests, as recorded in the register, as a vice-president of the Local Government Association and a member of Kirklees Council.

On three separate occasions, this House has confirmed its view that the Government should urgently address the plight of leaseholders and tenants who will be significantly and adversely affected by the consequences of the Fire Safety Bill. The provisions in the Bill are not the issue; they are a welcome small step to address the failings exposed by the dreadful Grenfell tragedy. The Government and, no doubt, the Minister will state how important it is that this Bill is passed, as we heard the Minister say a few moments ago. Both omit to say that the Government have been tardy in regard to the passage of the Bill; the Report stage in this House took place in November 2019. If the Government had made the Bill a priority, we would not be here, in the final throes of this Session, seeking to find a just solution for those directly impacted by it.

--- Later in debate ---

This House has a choice. On the one hand, we face more dither and more delay, and the very real risk that the Fire Safety Bill will fall. On the other, we support this vital clarification of the fire safety order and a Bill that ensures that the Grenfell Tower recommendations are delivered and homes are made safer.

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, I thank all noble Lords who have spoken in this debate. I must say that I am disappointed by the response of the noble Lord, Lord Greenhalgh. I noted that not one speech from the Government Benches—other than the Minister’s—supported the Government’s position. If I were over there, I would not support the Government either, and so I understand why Members on the Government Benches are sitting very quietly. I do not wish to defend them, but I think they are being very sensible. Frankly, the Government’s position is indefensible, particularly when you look at the promises that they have made. That is part of the problem: the Government think that they can get away with making promises and that, because no one will think anything else of it, they can then mess about a bit. I am sorry, but this issue is not going away.

There is a disappointing lack of understanding of the plight of the innocent victims—I repeat “innocent” —of the cladding scandal. People are really in trouble here. We have heard it tonight and we have heard it before. They need their Government to help them. The right reverend Prelate the Bishop of St Albans highlighted another case—that of Claire, who works somewhere in the Palace of Westminster. She bought a 25% share in what was probably her first property, and she is now trapped. These are innocent victims.

Why have we not had a summit at No. 10 to sort this out? I asked that last time, but I did not get an answer. We were going to have a summit about the football problems, so why not about this? If the right reverend Prelate is right, we need a meeting of COBRA to talk about the financial crisis that is on its way on the back of this. But no, there has been nothing from the Government. Why are the Government not standing up for innocent victims? Why can they not set out a route map—a pathway to say how the levelling-up agenda would help these first-time buyers, these innocent victims? We hear nothing.

I want to ask the Government to think again. There is no risk to the Bill. This is the House of Lords doing its job—asking the other place, on a matter of the utmost importance, to think again. That is really important. If the Government would spend a bit more time addressing the seriousness of the issue, we could move forward. My noble friend Lord Adonis made the point that the Government had these amendments weeks ago. They brought the Trade Bill back, but this Bill just sat there. It now turns up this week and they have said that we have to be careful because we are going to run out of time. They sat there for weeks, doing nothing with it, when they could have brought it back here.

These may not be the cleverest amendments. I am not a lawyer or a parliamentary draftsperson, nor are other noble Lords. But the Government know what we are trying to achieve. There are a lot of really clever people working for the Government; they could sort it out if they wanted to. I wish to test the opinion of the House.

Non-Domestic Rating (Public Lavatories) Bill

Lord Kennedy of Southwark Excerpts

3rd reading
Tuesday 20th April 2021 Lords Chamber

[The Minister of State, Home Office and Ministry of Housing, Communities and Local Government (Lord Greenhalgh) (Con)]

My Lords, in moving this Motion, I express my thanks to noble Lords from across this House for their helpful insight and support throughout proceedings. In particular, I thank the noble Baronesses, Lady Pinnock, Lady Thomas, Lady Andrews, Lady Randerson and Lady Greengross, and the noble Lords, Lord Kennedy and Lord Greaves, my noble friend Lord Lucas, the noble and learned Lord, Lord Hope, and the noble Earl, Lord Lytton.

I also thank the National Association of Local Councils, the Local Government Association and the Valuation Office Agency for their engagement during the passage of the Bill. I am especially grateful to the British Toilet Association for its support of the Bill and for taking the time to meet me and noble Lords last month.

Finally, I thank my department’s Bill team: Rhys Tomlinson, Nick Pellegrini, Luke Turner, Alan Millward, Nick Cooper, Lee Davies and Tom Adams, as well as Sam Loxton from my own private office, for their support throughout the passage of the Bill. I beg to move.

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, I start by thanking the noble Lord, Lord Greenhalgh, for his engagement in this small but important Bill. I am pleased that it is finally now going to pass; this is the second time I have worked on this Bill—because it was lost before the general election—so it is something I am very well aware of. I thank the noble Lord; he has been very helpful, as always. I join him in thanking all the organisations he mentioned—the LGA, the National Association of Local Councils, the British Toilet Association and others—for their helpful advice, guidance and support. I also thank Ben Wood from the Labour group office for his help and support on the Bill.

I thank all noble Lords who engaged in the Bill, particularly Lord Greaves, whose last speech in this House was on this Bill, as noble Lords may remember, some weeks ago, before he sadly passed away. Although Tony was in a different party from me, he was well respected in the House and was a very good man. He worked as a local councillor and as a Member of this House and he will be missed by us all. I am delighted that the Bill is going to pass.

[Baroness Pinnock (LD) [V]]

My Lords, I point to my interests as a vice-president of the Local Government Association and a member of Kirklees Council. Liberal Democrats support the measures in this Bill, and during the debate we have sought to improve accessibility and to extend the reach of the Bill to include other public buildings. I thank the Minister for his positive responses during the passage of the Bill, and for the meetings he held to enable an exchange of ideas. I also extend my thanks to those associations that have helped in the progress of the Bill, so that we all understood exactly what we were trying to achieve.

The Bill was the last time my noble friend Lord Greaves spoke in the House before his sudden and untimely death. It was typical Tony: promoting the value of parish and town councils, making a strong case for the very basic and essential public services provided for communities by local government, and exploring the meaning of the word “mainly”, used throughout the Bill. Tony will be greatly missed on these Benches for his humanity and commitment to communities. I rest my case there and thank the noble Lord, Lord Greenhalgh, for his help in getting this Bill passed.

Fire Safety Bill

Lord Kennedy of Southwark Excerpts

Tuesday 20th April 2021 Lords Chamber

[Lord Cormack (Con)]

My Lords, having heard so much this afternoon, I do not think that I really wish to add to the powerful arguments that have been advanced.

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, first, I draw the attention of the House to my relevant interests as a vice-president of the Local Government Association, a non-executive director of MHS Homes Ltd and chair of the Heart of Medway Housing Association.

It is most disappointing that we are back here again, because the Government have neither listened to nor recognised the plight of the people trapped in their homes. For me, that is extremely disappointing. I have spoken to a number of the innocent victims over recent weeks. Think of the stress, worry, concern, costs and lives on hold. For many, there is no end in sight. It is not good enough, and we must ask the other place to think again on this issue. We must stand with the innocent victims, the leaseholders and the tenants. It is a disgraceful, monumental scandal, and the Government cannot be let off the hook today. We hear lots from the Government about levelling up; it is one of their new phrases that we have heard over the last year. What about some levelling up for the victims of the cladding scandal? That is what we need to hear today.

Planning: Net Zero Emissions Targets

Lord Kennedy of Southwark Excerpts

Monday 19th April 2021 Lords Chamber

[Lord Greenhalgh (Con)]

My Lords, we recognise the interdigitation between the national standards and other forms of regulation. That is why we started with the implementation of an interim 2021 Part L uplift for new homes as swiftly as possible, in advance of the 2025 new home standards. We are working closely with local government to ensure that consistency.

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, I refer the House to my relevant interests as set out in the register. One problem is the timidity of the Government’s actions. When they had the chance to do something about this during the passage of the dreaded Housing and Planning Act 2016, the Government voted against the amendments proposed by the noble Lord, Lord Krebs, in this House and opposed them again on ping-pong. I refer the Minister to the remarks of the noble Viscount, Lord Younger of Leckie, at the time. Can the Minister reassure us that the Government are finally serious in this matter?

[Lord Greenhalgh (Con)]

We are very serious about the move to a net zero economy and using planning as a vehicle to do that. Further announcements will have to await the review of the consultation that is currently being processed.

Gypsies, Travellers and Roma: Racism and Discrimination

Lord Kennedy of Southwark Excerpts

Thursday 25th March 2021 Lords Chamber

[Lord Greenhalgh (Con)]

The Bill is not the draconian legislation that it is painted as by the noble Baroness. The focus is on people who wilfully break the law, wilfully trespass on property, and wilfully damage public amenities. They are a very small minority. Regarding property, the police will need to consider their obligations around human rights legislation.

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, my good friend Conor McGinn, the Member of Parliament for St Helens North, was asked by Pontins to make representation to get its sites open last year, only to then discover that, as a McGinn, if he tried to book a holiday, he and his family would not be welcome at any Pontins holiday camp since his name was on the banned list. This is a scandal against Gypsies, Travellers and Roma people. Does the Minister agree, and can he discuss with colleagues in government whether the laws are strong enough to ensure that the people who have perpetuated this disgusting racism are prevented from doing so again, either at Pontins or any other company that they may work for or be associated with in the future?

[Lord Greenhalgh (Con)]

I join the noble Lord in condemning those actions. I am very glad that his name was not caught up in that ridiculous policy. It is important that a full review of hate crime is carried out. The Law Commission started it last year and will be reporting to Ministers shortly on whether we need to build on the approach taken by the current hate crime action plan.

Housing Strategy

Lord Kennedy of Southwark Excerpts

Wednesday 24th March 2021 Grand Committee

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, first, I declare my relevant interests as a vice-president of the Local Government Association, chair of the Heart of Medway housing association, a non-executive director of MHS Homes Ltd and a trustee of the United St Saviour’s Charity.

As other noble Lords have done, I want to pay tribute to Lord Greaves. I was very sorry to learn of Tony’s passing yesterday. He was an exemplary Member of this House. Those who knew him here and those who knew him when he served on Lancashire County Council and Pendle Borough Council talk of a kind, good man who was a formidable political opponent and cared deeply for his community. We will all miss him very much.

Like other noble Lords, I thank the most reverend Primate the Archbishop of Canterbury for enabling the House to debate the Motion before the Grand Committee today. I place on record my thanks to the most reverend Primates the Archbishop of Canterbury and the Archbishop of York for establishing the commission that produced this report, Coming Home. I congratulate the commissioners on an excellent report. It is very welcome at this time as we seek to tackle the housing crisis which, as the report points out, needs more than just building houses to solve. We need homes, truly affordable homes, in sustainable communities. As the report tells us,

“homes should be sustainable, safe, stable, sociable and satisfying.”

It also points out that, for many, the reality falls far short of that vision. I very much agree with the definition put forward by the most reverend Primate on that. However, it is a vision that we must all strive to achieve. My noble friend Lady Ritchie of Downpatrick reminded us of the struggle in Northern Ireland for housing justice and the success of the civil rights campaign there to deliver housing based on need, which must always be the case to begin to deliver social justice. She said that without social justice, you cannot deliver the stable communities we all want to see.

My noble friend Lady Warwick of Undercliffe drew attention to the number of people on housing waiting lists and to how fundamental social housing is to solving the housing crisis we face today. She described how, with the right support, the social housing sector and housing associations can meet the challenge that we face. The noble Lord, Lord Crisp, pointed out to the Grand Committee that many of the landowners in this country should do the right thing and follow the example of the Church of England to make better use of their land to deliver for homes and for our citizens. As the noble Lord said, housing should be about enhancing your life. I often say to my noble friend Lady Kennedy how lucky we have been during the pandemic; we should remember that we are the lucky people here. I very much agreed with the noble Lord, Lord Crisp, when he talked about Parker Morris standards and how much your health is affected by the quality of the home you live in.

I have told the House many times that I grew up in council accommodation in Walworth, just south of the Elephant and Castle. The property was warm, safe and dry, and it enabled us all to flourish. We never had lots of money, and my parents, immigrants to this country from Ireland, often had to have two jobs to put food on the table, but the rent was paid every week and my parents always worked, paid their taxes and never claimed a penny of benefit until they retired and started claiming their old age pension. There is nothing special about that; those are the sort of immigrants who come to our country to make a life for themselves. We were able to go on holiday every summer though, usually to the west of Ireland where my parents came from, and where even in August it managed to rain most days. We were looked after well and were happy, safe and secure. I have good memories of my childhood, playing football in Kennington Park, swimming in Camberwell Public Baths and going to East Street Market with my school friends. I also got a Saturday job, which gave me my ability to talk to anyone about anything, even if I knew nothing about what I was talking about. Some say that that has served me well in this noble House. That security was no doubt due in part to the home we were able to live in with my parents at a rent they could afford. Southwark Council provided that home, and I am very grateful to it.

My noble friend Lord Blunkett referred to Faith in the City, and he is right to remind us of that report. I agree with him that we need this report to have the same effect to help all of us, in parties and in government, and, frankly, anyone who wants to address the problems we face today as a country, to ensure that the conditions that the poorest in our society live in are better. It will be better for all of us, for families and children, if we can improve their health and their lives.

The noble Lord, Lord Shipley, also made valid points about affordability and affordable homes, and I agree with him. Let us be clear: the term “affordable” is a misnomer and we should just not use it anymore. In many parts of the country these homes are not affordable, so we should banish that term in that respect completely.

I talk to my parents every Sunday evening, and we often say, “How do young families cope?”. Rent is anything but affordable, as I have said, and the conditions that some people have to live in are truly shocking. About three years ago, the noble Lord, Lord Young of Cookham, and I went out at six in the morning on a series of housing raids. We got in a van with a load of police and council officers from Newham and visited a number of properties that had been identified as having issues. The mayor of Newham, Rokhsana Fiaz, came with us. We called at various properties and the conditions we found were shocking. Honestly, I could not believe the conditions we saw.

We knocked on the door at one house which was apparently a home for a single family. There was a family living in every room in the house. There was one substandard bathroom and one substandard kitchen for everyone in the property to use. In every bedroom the electrical sockets were overloaded and it was very dangerous. I remember that a police officer went down to the basement and came back and said, “Can we all move out of this property because there is only one scaffold pole holding up the main hall.” Then we had to bring the building control people in. That is no way for people to live. This is one of the richest countries in the world, and this is one of the richest cities in the world. If any noble Lords want a trip out with Newham they should do it because it is truly shocking.

I agree with the points made by the noble Lord, Lord Lilley, that many of the problems we have trouble with today have their genesis in poor-quality housing and the sheer lack of housing. Sadly, the point the noble Lord made about people wanting more homes but not wanting them in their area is not just in Hertfordshire but is repeated all over our country. It is something that we need to tackle.

As I have said, I grew up in council accommodation, but today I and all my siblings are homeowners. It is perfectly reasonable to want to own your own home. It gives you more security, and as you get older that becomes even more important. The right reverend Prelate the Bishop of Newcastle talked about how different the housing problems and challenges are in different parts of the country. I lived in the east Midlands for many years, and I recall going to Worksop in north Nottinghamshire. There were streets of houses there almost falling down. People were not living in many of the properties. That is very different from the problems in other parts of the country. I think there are lots of housing crises in different parts of the country that are very different but they all need to be dealt with. That is a really important point that we need to get on top of.

The housing market today is not helping the situation. You could say that it is making the situation worse. The Government have an obsession about home ownership. The problem is that they create numerous schemes, often aimed at helping first-time buyers but, in my opinion, they do not have the intended effect. They often cause more problems. We need an emphasis on truly affordable social and private housing. As I have said much of what is described as affordable housing is sadly not affordable at all.

Living in reasonably priced, social rented or privately rented homes enables you to save for a deposit to buy a home. It is what people used to do. It is what I did. When I rented a private home, I saved up money until I could afford a deposit. Today, the deposits required are enormous. I live in a very ordinary terraced house in Lewisham. There is nothing special about where I live at all. Today, I could not afford to buy the home I bought 17 years ago. I could not afford the deposit, and that is ridiculous. That is one of the things that we need to address. However, I do not accept that home ownership is the only route to giving you a stake in your community. Sustainable communities and homes that are safe, warm and dry, a good school, decent shops, a crime-free environment and decent services are also important to community values.

The most reverend Primate the Archbishop of York drew attention to hidden homelessness—the sofa surfers who rely on the good will and charity of friends, neighbours and relatives to put them up. This is a terrible scandal that we have not managed to tackle—that is successive Governments, so that is not the point that I am making here at all. I agree that we all need to work together to take practical steps to solve these problems, and I for one want to see a much larger role for the co-operative sector. Co-operative housing can give people and communities a real stake in their local area. In Lewisham, the Phoenix Community Housing Co-operative has transformed the Downham area. The housing was run down, and the co-op and the tenants, working together to decide what the issues were and solve the problems, have transformed the area. It is a really good example of what co-ops can do. There is an office there for the local credit union and it helps engage in the community. Ewart Road Housing Co-operative in Crofton Park is a wonderful community where people can engage in their areas.

I support the comments made by the noble Baroness, Lady Bakewell of Hardington Mandeville, about how community land trusts can lock in value and make sure that the benefit is passed on to future generations. I very much support that.

I will make a few concluding remarks. Good homes available for all is a fair and just thing to do, and we should all be determined to play our part in that. Certainly for me, as a member of the Opposition, I pledge that I am happy to play my part in sorting out our problems where I can, supporting the Government and others.

The noble Lord, Lord Best, drew the attention of the Grand Committee to the recommendations in the report that referred to the Church of England, for which it poses challenges. I agree with the noble Lord that many local authorities would be very willing to work with the Church to develop and deliver sustainable developments. I agree with the noble Lord’s comments in respect of the frankly appalling practices of building developers in recent times.

The noble Baroness, Lady Greengross, reminded us of the importance of providing facilities for older people. I am very proud to be a trustee of the United St Saviour’s Charity, which has almshouses in Southwark: there is one on Hopton Street and we are building a new one on Southwark Park Road, which the noble Lord, Lord Greenhalgh, has agreed to visit with me, when the conditions allow. Such housing allows older people to live independent lives. Often, it can free up a much larger property that can then go to another family, and it enables people to remain valued members of their community. The partnership between United St Saviour’s Charity—which was founded in 1541—Southwark Council and the private sector is a model that we should look at and use elsewhere. Of course, the St Saviour’s parish church is now Southwark Cathedral; it was changed in 1905. The work the charity does covers the whole of Southwark and is something that we should all look at.

As I said, I want to play my part in working with the Church and the Government to get this right, but this is a wonderful, landmark report. I hope that the Government respond positively to its recommendations —not only today but beyond—and that, where they can, they support the Church and look to see what legislative changes they can bring forward. I look forward to the noble Lord’s response to the debate.

Fire Safety Bill

Lord Kennedy of Southwark Excerpts

Consideration of Commons amendments & Lords Hansard
Wednesday 17th March 2021 Lords Chamber

Moved by

[Lord Kennedy of Southwark]

At end insert “and do propose Amendment 2B in lieu—

2B: After Clause 2, insert the following new Clause—
“Legislative proposals relating to duties of owner or manager
(1) Within 90 days of the passing of this Act, the Secretary of State must publish draft legislation to require an owner or a manager of any building which contains two or more sets of domestic premises to—
(a) share information with their local Fire and Rescue Service in respect of each building for which an owner or manager is responsible about the design of its external walls and details of the materials of which those external walls are constructed,
(b) in respect of any building for which an owner or manager is responsible which contains separate flats, undertake annual inspections of individual flat entrance doors,
(c) in respect of any building for which an owner or manager is responsible which contains separate flats, undertake monthly inspections of lifts and report the results to their local Fire and Rescue Service if the results include a fault, and
(d) share evacuation and fire safety instructions with residents of the building.
(2) Within 90 days of the passing of this Act, the Secretary of State must publish a statement on a proposed timetable for the passage of the draft legislation mentioned in subsection (1).
(3) Within 120 days of the passing of this Act, the Secretary of State must publish a statement confirming whether the draft legislation mentioned in subsection (1) has progressed.””

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, I draw the attention of the House to my relevant registered interest as a vice-president of the Local Government Association, the chair of the Heart of Medway Housing Association and a non-executive director of MHS Homes Ltd. In moving Motion A1, I will address all the Motions before the House today.

It is disappointing that the Government have over- turned the amendment passed by this House. The intent of our amendment was to make progress in implementing the recommendations made in the first phase of the Grenfell Tower inquiry. Our frustration, along with the frustration felt by many, has been that since the recommendations made in the first phase were published, progress has been extremely and annoyingly slow. Being told by the Government that in most cases we do not need legislation to make progress is in some ways even more frustrating because nothing has happened, which is again very odd. This is the first piece of legislation we have seen that will bring anything into force. Frankly, the victims and their families deserve better. People living in properties that are unsafe or blighted deserve better than that.

This led me to propose Motion A1, which proposes to insert a new clause into the Bill. What my amendment seeks to do is accept the Government intention to take action but to add some rigour and rigidity to the proposals with clear timescales for action. As I have said previously, this has all been too slow with no clarity about what the timescales are for action through primary legislation and through secondary legislation and guidance.

This morning I received a letter from the noble Lord, Lord Greenhalgh, which seeks to add some clarity to the timescales for action, and that is welcome. We also have the Government’s response to the consultation, which is helpful. It looks as if we are finally making some progress and I welcome that. It would be good to hear him, when he responds to the debate, set out the timescales for the actions the Government are proposing, and I look forward to that. That will be part of the official record of the House and the Government will be held accountable for the pledges that they make today.

In respect of Motion B, while I accept that the Commons can assert financial privilege and the need not to give any other reason, we must consider the subject of the amendment that was rejected and the circumstances that have led to this Bill, as well as the intention behind the amendment that the other place has rejected. We would have hoped to have got a little more than the assertion of financial privilege. This is about fire safety and reassurance for residents that the register is up to date, that it can be relied on and that it is publicly available and transparent so that sunlight on fire risk assessments will provide more reassurance. I hope that when the noble Lord responds to Motion A, he will provide a bit more clarity than just relying on financial privilege as expressed by the other place.

Motion C1, tabled by the right reverend Prelate the Bishop of St Albans, seeks to add to the Bill Amendments 4B, 4C, 4D and 4E. They would prohibit the owner of a building from passing on the costs of annual remedial works attributable to the requirements of the Act to leaseholders or tenants, except where the leaseholder is also the owner of the building. The amendments under the Motion tabled by the right reverend Prelate have my full support, and the Labour Benches will support him if he decides to divide the House. I hope very much that he will do so.

Leaseholders are victims and have done nothing wrong. They deserve to be treated much better than they have been by the Government. They have done everything right. They have bought their properties and are paying their mortgages. Now they are being penalised for the failure of others. Surely that cannot be right. The fact that their buildings have been covered in dangerous cladding has made their flats worthless. They cannot sell their properties, but they are still expected to pay their mortgages and other charges. They cannot get work done; they may be paying for a waking watch and in some cases the properties will have guarantees on them which need to be drawn down. There will be warranties for work done which need to be used. They have been paid for, otherwise they are literally not worth the paper they are written on.

We should all stand up to support leaseholders and tenants and get those who have done the work to accept their responsibility and put this right. The Government are failing leaseholders and tenants. Their actions are just not good enough and fall far short of what they promised.

I want to be clear. For the individual builder, contractor, company, warranty provider or insurance company, it cannot be right for people to wriggle out of their responsibilities. The Government need to take firm action. Supporting the Motions and amendments before the House today will be an opportunity to ask the Government to think again, and I hope we take it. I beg to move.

[The Lord Bishop of St Albans]

My Lords, I speak to Motion C1 and Amendments 4B to 4E. I give notice of my intention to seek the opinion of the House when the time comes. I declare my interest in the register in that I, too, am a vice-president of the Local Government Association.

I first thank the honourable Members for Stevenage and for Southampton, Itchen, who originally prepared these amendments, as well as the signatories from all parties when they were tabled in the Commons. I also thank the right reverend Prelate the Bishop of London, who joins me in supporting it, and pay tribute to one of our colleagues, the Bishop of Kensington, who has worked very closely on the ground with victims of Grenfell and leaseholders.

Grenfell was an unmitigated tragedy brought about, it would seem, by institutional failings on multiple levels. The recent revelation that the cladding provider knew that it could result in tragedy and death is nothing short of a disgrace. It has been a tragedy for many lives: ordinary families have been ripped apart by this terrible event.

The Bill will deal with the problem of dangerous cladding by creating a quick and easy mechanism to force freeholders to remove dangerous cladding and other fire safety defects. That is undoubtedly a good thing and will, hopefully, protect against future tragedies, but I share the disappointment of the noble Lord, Lord Kennedy, that Her Majesty’s Government have not sought to address the severe adverse financial consequences that the Bill will create for leaseholders. In the Bill’s current form, whenever the fire service serves notice to the freeholder requiring remedial work to be undertaken, the freeholder will be able to force leaseholders to reimburse all the costs incurred. These costs are staggering.

At this point, I say that our hearts go out—I am sure we all share this—to all the people who are struggling. I have been inundated with emails, tweets and people contacting me who are at their wit’s end looking at what is likely to unfold in the next few weeks. Far from the Government’s estimated remedial costs of around £9,000 per leaseholder, depending on the terms of the lease and the work involved, a leaseholder could very easily be handed a bill of £50,000, payable within weeks.

Inside Housing conducted its own private survey of 1,342 leaseholders. Its findings reveal a very different picture to that of Her Majesty’s Government. Among those surveyed, 63% of respondents faced a total bill above £30,000 for remedial costs and 15% faced a bill of more than £100,000. Of course, a few of these lease- holders may be well off, some will have disposable income, but most will not: 60% had a household income of less than £50,000, with only 8.7% reporting a household income of more than £100,000. In other words, this will primarily affect ordinary middle to working-class people.

In addition, 56.4% of those surveyed were first-time buyers. They have followed that life trajectory that many Conservative Governments have sought to promote by working hard, saving and purchasing a property. These are people with aspirations—something I totally support—yet nearly everything they have worked hard towards, over many years, could be taken away from them, as shown by the alarming 17.2% of respondents who say that they are already exploring bankruptcy options. I must remind the House that the costs mentioned above include only the remedial costs; they say nothing about the interim fire safety costs that leaseholders already incur.

--- Later in debate ---

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, I will not speak for long. I do not want to detain the House with a long debate. I thank everyone who has spoken. We have heard many very powerful speeches, and very important points were well made. I thank the Minister for his response to my Motion A1, for the time he has taken to speak to me outside the Chamber, and for the letter I received today in addition to the all-Peers letter. It sets out some clear commitments from the Government, a plan and, most importantly, a timetable for action. I welcome this very much.

I listened carefully to the contributions of all noble Lords and agreed with almost every one. I hear the points made by the noble Earl, Lord Lytton. He may be right, but it is our job to press the Government to do the right thing by the people of this country, as the right reverend Prelate the Lord Bishop of London said. I also thank my noble friend Lord Adonis for his support. He made some very valid general points about how we deal with matters from the other place, and points specific to this Bill. I also listened carefully to the Minister’s response to Motion B. I had said that all they rely on in the other place is privilege, and his response was very fair. I can see his point—it is a shame that the other place could not—and I had not thought of it beforehand, so I accept it. We are trying to ensure, in respect of that Motion particularly, that residents, tenants, the fire authorities and the fire brigade have transparency. That is what we want to shine the light on. Perhaps the Minister will not be able to address those issues; it is a shame that the other place did not.

Sometimes the Government say, “We have an ambitious programme” or “We are striving to make progress”, but they have been very slow on this and everyone is frustrated with them. As my noble friend Lord Adonis said, it is three years and nine months since the fire, and this is the first piece of legislation. It is frustratingly slow. Can the Minister talk to the Prime Minister? These issues will not go away, and we will keep raising them until we get some proper action. He has made some commitments today, which is good, but it is only a start. This House will hold him to account on them, because so far this has been frustratingly slow.

Having said that, I am pleased that we got so far today. I have enough to withdraw my Motion A1. I hope that the right reverend Prelate moves his Motion for debate. I beg leave to withdraw the Motion.

Motion A1 withdrawn.