Fire Safety and Cladding

Jim Cunningham Excerpts

Wednesday 23rd January 2019 Commons Chamber

[Mr Reed]

I am very grateful to my hon. Friend for her intervention. I, too, look forward to hearing a response from the Minister. I have tried to find out whether a newly rebuilt school in my own constituency has flammable cladding, but it seems impossible to do so. If I, as the local Member of Parliament with the access that I have to the relevant authorities, cannot find out, I pity those poor parents who are trying to find out whether their children will be safe after they have taken them to school each morning. I look forward to hearing the Minister’s response on that point.

I came to this subject because a block in my constituency, Citiscape, has the same sort of cladding—aluminium composite material cladding—that was on Grenfell Tower. The cost of removing and replacing the cladding was £2 million. The managing agents wrote to leaseholders in the block, who received estimates of up to £30,000 each for the work to be carried out. Of course the vast majority could not afford that—not many people have £30,000 lying around in the bank, particularly not those who have just bought their first flat and are stretched on their mortgage—but they were told that unless everybody paid up, the work would not happen. In effect, nothing would be done to keep the people in the block safe. We approached the freeholder, but the freeholder is not legally liable to carry out the work and there was no way to compel the freeholder to do it. The builders also are not legally liable to carry out the work. They can rely on the fact that there are concerns about lack of clarity in the building regulations and guidance, and they had been following the guidance that they believed meant that the cladding was safe. It turned out at Grenfell that ACM cladding is absolutely not safe.

When the case came to the housing tribunal, it ruled that the leaseholders were liable. We hear welcome words from Ministers at the Dispatch Box saying that leaseholders should not be made to pay, but in fact the housing tribunal—the legal body responsible for adjudicating on the matter—said the leaseholders were indeed responsible and would have to pay. In the case of Citiscape and others where not all the leaseholders can pay, the work will not be done. People are stuck living in blocks with Grenfell-style flammable cladding strapped on the outside; they are living with their families, their children and their parents in absolute terror.

[Mr Jim Cunningham (Coventry South) (Lab)]

I congratulate my hon. Friend on his speech and the argument he is making. It has long been argued that there should be some reform of leasehold law. We have tinkered with it over the years, but it needs to be dealt with properly, and Governments have shied away from doing so. I thought that the Secretary of State had said that he would discuss leaseholds with the people involved, some of the companies and so on. About 12 months ago, I said to the previous Secretary of State that what the Government should have done after Grenfell was to take emergency powers. Had they done so, we would not have some of these problems now. They did not do it and the rest is history.

[Mr Reed]

I am grateful for that helpful intervention and look forward to hearing the Minister’s response.

I said that there were concerns about the state of the building regulations and the guidance, and it is worth exploring briefly how we got into a position where the regulations were so lax or could be interpreted in such a way. Back in 2009, there was a fire in Lakanal House in Camberwell, central London, that resulted in the death of six people, including a baby. An inquest conducted an inquiry, which took a number of years, and reported in 2013 in a very long document that contained some very clear recommendations. The inquiry said that the fire safety regulations—specifically, part B of the building regulations, which cover fire safety, and the associated guidance—were unclear, and that that was the reason why unsafe and combustible cladding was being strapped on buildings where people lived with their families. The coroner was absolutely clear that if that lack of clarity was not remedied, we would be running the risk of further fires and further deaths.