All 4 Stephen Doughty contributions to the Fire Safety Bill 2019-21

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Mon 7th Sep 2020
Fire Safety Bill
Commons Chamber

Report stage & 3rd reading & 3rd reading: House of Commons & Report stage & Report stage: House of Commons & Report stage & 3rd reading
Wed 24th Feb 2021
Fire Safety Bill
Commons Chamber

Consideration of Lords amendmentsPing Pong & Consideration of Lords amendments & Ping Pong & Ping Pong: House of Commons
Mon 22nd Mar 2021
Fire Safety Bill
Commons Chamber

Consideration of Lords amendments & Consideration of Lords amendments & Consideration of Lords Amendments
Tue 27th Apr 2021
Fire Safety Bill
Commons Chamber

Consideration of Lords message & Consideration of Lords message & Consideration of Lords message

Fire Safety Bill Debate

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Department: Home Office

Fire Safety Bill

Stephen Doughty Excerpts
Report stage & 3rd reading & 3rd reading: House of Commons & Report stage: House of Commons
Monday 7th September 2020

(3 years, 6 months ago)

Commons Chamber
Read Full debate Fire Safety Bill 2019-21 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Consideration of Bill Amendments as at 7 September 2020 - (7 Sep 2020)
Sarah Jones Portrait Sarah Jones
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Let me begin, as I have at every stage of this Bill, by saying that we on the Opposition Benches support the Bill. The Minister knows that. We are keen to be as supportive as possible, but let me reiterate the point that I have also made at every stage, which is that this Bill is a shamefully inadequate response to the multiple problems for fire safety, which were so tragically brought to the fore when 72 lives were lost in the Grenfell Tower fire. The Bill—all three clauses of it—goes nowhere near far enough to prevent a tragedy like Grenfell from happening again.

The Government said that the introduction of the Fire Safety Bill would take them a step further in delivering the inquiry’s recommendations and recently cited the Bill as one of their key priorities in response to a deeply frustrated letter from Grenfell survivors. Yet the Bill does not even include provisions for any of the measures called for by the first phase of the inquiry.

The Grenfell community were failed by a system that did not listen to them. We must never forget that failure. I pay tribute to Grenfell United, the families and the whole community for continuing to tirelessly fight for justice. They should not have had to fight so hard, and hundreds of thousands of people across the country are now being failed by a system that does not listen to them—those stuck in buildings with flammable cladding, those using their income to fund waking watch and other safety measures, and those who cannot buy or sell their flats because the mortgage market has been ground to a halt by confusion and lack of Government leadership.

Stephen Doughty Portrait Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)
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My hon. Friend starts absolutely with the crux of the matter. She will be aware that, in my own constituency of Cardiff South and Penarth, we have thousands of residents in apartment blocks who are affected by these issues. The failure of companies such as Redrow, Laing O’Rourke and Taylor Wimpey to hold to their responsibilities for fire safety and other building defects is a huge problem. Does she agree that they need to take responsibility for mistakes that they may have made in construction?

Sarah Jones Portrait Sarah Jones
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My hon. Friend makes a very good point. The system as a whole is fundamentally broken, and it is the developers as well as the Government who need to look to their own actions and correct them.

The Government have made many promises to bring justice to the survivors and their families, to change building and fire safety regulations and to do this quickly, but the Government are yet to make their promises a reality. At every stage, we have had to drag them into action. During the passage of this Bill, we have sought constructively to improve it, so that it goes further as a piece of primary legislation towards improving fire safety.

New clause 1 would do what the Government say must come later. It would place robust requirements on building owners or managers and implement the recommendations—the key recommendations—from phase 1 of the Grenfell Tower inquiry. The Government said that they would implement the Grenfell phase 1 inquiry in full and without delay. This new clause, which we are moving tonight, would fulfil that promise. In what is a very complex world of building and fire safety, the new clause is relatively simple. It seeks to do four things: the owners of buildings that contain two or more sets of domestic premises would share information with their local fire and rescue service about the design and make-up of the external walls; they would complete regular inspections of fire entrance doors; they would complete regular inspections of lifts; and they would share evacuation and fire safety instructions with residents. These measures are straightforward and are supported by key stakeholders. Frankly, it is pretty extraordinary that they are not already enshrined in law.

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Andy Slaughter Portrait Andy Slaughter (Hammersmith) (Lab)
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It is a great pleasure to follow the hon. Member for Southend West (Sir David Amess) and my hon. Friend the Member for Croydon Central (Sarah Jones), who have set out amendments to the Bill that are reasonable, proportionate and non-partisan, and I cannot see any reason why the Government should not support them. I do not intend to repeat the arguments they have made cogently; I will just add a few comments of my own.

As the hon. Member for Southend West said, he has chaired or been part of the all-party group on fire safety and rescue for more than 20 years. I cannot claim to have been a member for that length of time, but I have learnt a huge amount in the time that I have been. It is one of the most effective groups within Parliament. The all-party parliamentary group on online and home electrical safety, which my hon. Friend the Member for Swansea East (Carolyn Harris) chairs, has equally made a huge contribution on this issue, with the support of professional bodies. I urge the Minister to listen to the advice coming from those sources.

I do not know anybody who does not support this Bill. It is a very short Bill, and it aims to do two things. First, it clarifies what is meant by “common parts”, particularly in relation to external cladding and the responsibilities therein. Secondly, it is permissive, in terms of the introduction of secondary legislation to modify and add different classes of building in the future.

Had we been debating this two or three years ago, I think everyone would have said, “This is very sensible. Well done to the Government for getting on with it,” but we are not. We are three years post Grenfell. It seems like a piece of emergency legislation, when we should be on to discussing the nitty-gritty and more comprehensive measures. These amendments achieve that in various ways. I will not go through each one, but I would like to mention new clause 1.

We now have the results of part one of the Grenfell inquiry, and new clause 1 effectively asks the Government to take some of those recommendations on board. They include: that information on materials and construction is available to fire and rescue services; that plans of high-rise residential buildings are available; that inspection and testing of lifts is done properly; that evacuation procedures and information to residents are carried out properly; and that there is proper inspection of fire doors. A lot of us would have probably thought, pre Grenfell, that those things already happened, but they do not, and they did not. It is about time that they did. It is about time that the Government legislated and implemented these measures, rather than put out general, catch-all clauses.

Stephen Doughty Portrait Stephen Doughty
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My hon. Friend is making a very good point about new clause 1 and the responsibilities. Would he accept that there is a significant responsibility on the original developers, architects and those involved in construction—I mentioned Laing O’Rourke, Taylor Wimpey, Redrow and others—to make sure that they are providing and have available the original construction diagrams of buildings? We have had a huge problem in Cardiff South and Penarth of not being able to get hold of those and then very expensive testing having to be done. Of course, the cost is then passed on to leaseholders, on top of the bills they may face for rectifying these problems in the first place.

Andy Slaughter Portrait Andy Slaughter
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My hon. Friend makes a very good point. It is my experience from dealing with blocks in my constituency, and I am sure it is many other Members’ experience, that nobody wants ownership of this, nobody wants to pick up the tab and nobody wants to take responsibility—whether it is those who designed the building, those who built the buildings, those who manage the buildings or those who modified the buildings in ways that were not conceived. Somebody has to do that, and if they will not do that, it is Government’s responsibility to ensure that they do, and I do not think this Bill goes far enough in doing that.

New clauses 2 to 5—I am not going to go through those in detail—are, as I say, sensible and proportionate measures, which are designed to ensure that this legislation the Government are properly bringing forward works more effectively. I wait with bated breath to hear what arguments the Minister can put forward for not adopting those.

Let me come on to the amendment standing in the name of the hon. Member for Southend West, because I think that that is an important amendment. I am glad that it was found to be in scope and is being taken because he is absolutely right to say that, whereas a great deal of the focus has properly gone on construction and modification, particularly in relation to external cladding, insulation and so forth, it is also important that we look at the source of fires. It is rather a truism to say that, if we can control that source, we are going to get a lot fewer fires, whether or not they spread.

There are many issues that are being pursued here. Tomorrow, there is a ten-minute rule Bill from my hon. Friend the Member for Makerfield (Yvonne Fovargue) on the registration of electrical appliances, so that where there is a need for recall, those matters can be in hand. What we are doing today is not comprehensive, but the two measures that have been proposed in the hon. Gentleman’s amendment and new schedule are entirely sensible. Yes, they are quite onerous because what we are looking for is both a register of white goods and that there are regular checks. Those have been found appropriate for the private rented sector, and I wonder why they are not appropriate for high-rise buildings where we know, as a consequence of fires such as Lakanal, Grenfell and Shepherd’s Court, that people are particularly at risk.

Let me say a brief word about that because it is in my constituency. It is just over four years since the very serious fire at Shepherd’s Court. A tumble dryer, which not just should have been recalled and had not been recalled, but was going to be repaired and was awaiting repair, was being used according to the manufacturer’s instructions—wrong instructions—and therefore did catch fire, destroyed somebody’s home, spread to several other flats and caused the evacuation of an 18-storey block. Had it not occurred in the middle of the afternoon on a summer’s day, the consequences of that would have been dire. As it happened, there were no serious injuries, but the trauma of being involved in a fire of that nature, I do not think can be imagined. If I were the Minister, this would give me sleepless nights every night until these matters are resolved.

What I fear is that the Government are continuing to take what I can politely describe as an incremental approach here. Yes, these are complicated matters and more issues come to light—every time an investigation takes place, we find more problems with more types of building—but that is the world we live in, and it does not excuse the Government from responsibility. We are looking at height, but we are also looking at the type of buildings, the type of users of buildings and the type of cladding that is used on buildings. They could be hospitals, hotels, care homes or schools; they could be low-rise as well as high-rise buildings. They all have risks attached to them.

It sometimes feels like getting blood out of a stone to get the Government to widen their ambit and look beyond the very narrow classifications they have already dealt with in terms of ACM cladding, possibly high-pressure laminate cladding and possibly buildings down to 11 metres. The Government are very good at giving advice to others, and we all know the problems that that has caused with the sale and remortgage of properties and the necessity for inspections when the professional staff are not there to deal with these matters. The Government should be better at directing those responsible and, where necessary, providing the means for those responsible to remedy the serious risks that are apparent.

That is the problem with the Bill, which the amendments go some way towards clarifying. Whether we are looking at the source, the construction or the modification, the consequences can be the most serious. They can be matters of life, of the destruction of people’s homes, or of people living daily in fear of the risks that apply to their homes. I cannot think of anything less reasonable than that, frankly, so more than three years on from Grenfell, will the Minister look seriously at what is proposed and either adopt the amendments or, at the very least, say that the Government will bring forward their own legislation soon?

It rather feels that we have been overtaken by events because we now have the draft Building Safety Bill. That is a much more detailed piece of work, but I already have some criticisms of it—I will not bore the House with those tonight—and I look forward to more discussions on that as we go forward. I know that the Minister takes these matters seriously, but I do not feel that the Government are addressing them with the rigour or the detail that they need to be. Let us make a start on that today by adopting the amendments that have been put forward.

Fire Safety Bill Debate

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Department: Home Office

Fire Safety Bill

Stephen Doughty Excerpts
Consideration of Lords amendments & Ping Pong & Ping Pong: House of Commons
Wednesday 24th February 2021

(3 years, 1 month ago)

Commons Chamber
Read Full debate Fire Safety Bill 2019-21 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Commons Consideration of Lords Amendments as at 24 February 2021 - (24 Feb 2021)
Kit Malthouse Portrait Kit Malthouse
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That is the case. I know that my MHCLG ministerial colleagues have been in this place and debated this extensively and, having made the case to the Treasury, it was gratifying to see this money come forward. It will assist those who are living in fear in high-rise buildings in particular, but also those in mid-rise buildings, who, as I am sure my hon. Friend knows, will benefit from a financing scheme.

Stephen Doughty Portrait Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)
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Unfortunately, leaseholders in my constituency have been left in the dark after the announcement the other day because, despite the co-operation between the Welsh Government and the UK Government on the details of this Bill, they have been unable to get answers on the crucial issues of the building development levy and the new tax and on whether there will be any new money for Wales in the proposals laid out by the Secretary of State. Will the Minister urgently respond to the letter from the Welsh Housing Minister, Julie James, which asks reasonable questions and sets out constructive solutions, and will he and his MHCLG colleagues meet me to discuss these issues and find a solution for leaseholders across the United Kingdom?

Kit Malthouse Portrait Kit Malthouse
- Hansard - - - Excerpts

I understand the hon. Gentleman’s impatience, and it is shared by us all across the House. The scheme is in development, as I understand from MHCLG, and I know that Ministers are working hard to get the basis, the foundations and the system in place so that the money can be distributed as quickly as possible. Happily, in terms of high-rise buildings, I think we are well over 90% that are either remediated or in the process of being remediated, but I completely agree with him that we need to work with all urgency to bring as much possible relief from the stress of living with this cladding in the future. I will certainly ask my colleagues at MHCLG to consider his offer of a useful meeting. I know they will be responding to correspondence from the Welsh Government as quickly as possible.

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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.
Stephen Doughty Portrait Stephen Doughty
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I wholeheartedly agree with the points that my hon. Friend is making. I want to emphasise the importance of paragraph (a) of Lords amendment 2, on sharing information about the materials that a building is constructed of, because my constituents in Cardiff South and Penarth have real difficulties getting hold of, for example, architectural drawings and original “as built” drawings. There is simply no consistency in this across the UK, which means that fire and rescue services, let alone anybody trying to undertake works, have a much harder job.

Sarah Jones Portrait Sarah Jones
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My hon. Friend is absolutely right, and I have had many similar cases in my constituency, with people just trying to get to the bottom of what the issues are, and meanwhile they cannot sell their flat and are facing fire remediation and waking watch charges, their insurance is rocketing and their lives are on hold. We heard from many such people this morning, and it really was very sad.

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.

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Sarah Jones Portrait Sarah Jones
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I thank the hon. Member for his intervention. I genuinely struggle to understand why the Government have not grasped the scale of this crisis and the quantity of people who cannot sell their flat, who cannot afford the costs that they are currently looking at, who cannot change jobs and who cannot get married or have children because their lives are on hold. Many are first-time buyers who have saved up, worked really hard and got their flat. If the Government would say today, “We will commit to legislate to say that lease- holders should not have to foot the bill”, we could accept that there was a commitment there, but there is not.

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.

Stephen Doughty Portrait Stephen Doughty
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I know for a fact that some of those affected are traditional Conservative voters. I have spoken to people from all walks of life, and they are in absolute anguish about this. They are being left in the dark. We had the announcement the other day—it was typical to announce a big sum of money and then not be clear about how much would come to Wales, how the system would work or when the money would come through. These people have been living in the dark and in anguish for months and for years, and it is completely unacceptable.

Sarah Jones Portrait Sarah Jones
- Hansard - - - Excerpts

My hon. Friend is completely right. There is the idea that someone would have a long-term loan where they pay £50 a month. If someone needs to pay off a £20,000 loan, and that loan stays with the building, they have no chance of selling their flat. Nobody is going to want to buy a flat with a bill that high.

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Stephen Doughty Portrait Stephen Doughty
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May I add my warm words to those of other Members in wishing the Minister for Security, the right hon. Member for Old Bexley and Sidcup (James Brokenshire), a full and swift recovery?

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.

Nigel Evans Portrait Mr Deputy Speaker (Mr Nigel Evans)
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The comms with Tom Randall are a bit unstable, and we want to be absolutely certain that they are perfect, so we will go to Meg Hillier next.

Fire Safety Bill

Stephen Doughty Excerpts
Christopher Pincher Portrait The Minister for Housing (Christopher Pincher)
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I beg to move, That this House disagrees with the Lords in their amendments 4B, 4C, 4D and 4E.

I thank all right hon. and hon. Members for engaging in this very important debate, both now and throughout the passage of the Bill. I particularly thank my hon. Friends the Members for Kensington (Felicity Buchan), for Ipswich (Tom Hunt), for Rochester and Strood (Kelly Tolhurst) and for Wimbledon (Stephen Hammond), and Members across the House, for the keen interest they have shown in this matter. I will keep my opening remarks short, as I know that many Members are keen to contribute, and I shall wind up later on.

The Government remain steadfast in their commitment to delivering the Grenfell Tower inquiry phase 1 report’s recommendations. This Bill is an important first step in delivering those recommendations. The Government have always been clear that all residents should be safe and feel safe in their homes. That is why we will be providing an additional £3.5 billion to fund the removal and replacement of unsafe cladding on residential buildings.

Christopher Pincher Portrait Christopher Pincher
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I will give way to the hon. Gentleman later on; let me conclude my initial remarks.

This will be targeted on the highest-risk buildings—that is, those buildings over 18 metres tall that have unsafe cladding. The scale of this investment should not be underestimated, with over £5 billion of taxpayers’ money, and more when the developer levy and the developer tax are taken into account. We have an ambitious timescale to ensure that remediation of unsafe cladding is completed at pace. We are also now seeing tangible progress from the Royal Institution of Chartered Surveyors revising its guidance on EWS1 forms, lenders committing to adhering to RICS guidance, and more developers now allocating significant funds for remediation.

As parliamentarians, we have a duty to implement a clear framework and transparent legislation to support fire and building safety reform. I am afraid to say that, despite the best intentions of these Lords amendments—I absolutely accept the sincerity with which they have been posited—they are unworkable and impractical. They would make the legislation less clear, and they do not reflect the complexity involved in apportioning liability for remedial defects. I have had extensive conversations about the effects that the amendments might have with my hon. Friend the Member for Rochester and Strood, who has pressed me hard on this, as have others. These amendments would also require extensive redrafting of primary legislation, resulting in delays to the commencement of the Fire Safety Bill and to our overall programme. They could also have unintended and possibly perverse consequences for those that the amendments are intended to support, and we would still be no further forward in resolving these issues.

I shall give way to the hon. Member for Cardiff South and Penarth (Stephen Doughty) when I return to speak later, but let me say in concluding my opening remarks that we cannot accept these Lords amendments and we encourage the House to vote against them and for the Government amendments.

Sarah Jones Portrait Sarah Jones (Croydon Central) (Lab)
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I am pleased that so many Members have put in to speak today. I will keep my remarks fairly brief, but I want to make three points. First, thank goodness I am not standing at this Dispatch Box again and pleading with the Government to agree at the very least a timetable to implement the vital fire safety measures from the first phase of the Grenfell inquiry. I am pleased that the Government have agreed in the other place to Labour’s suggestion of a timetable. Before the second anniversary of the Grenfell phase one recommendations, the Government have committed to regulations to implement them, and that will be by October this year. They said that this would delay the Bill, that it would be too complicated and that it would be too hard to do, but they have now agreed to a version of it. It is not quite what we wanted, but it is something close.

I have lost count of the number of times we have voted on the Grenfell recommendations and the number of times we have been pushed back, and it is quite extraordinary that the Government have taken so long to get us here. Labour’s previous amendment, which the Government have now agreed on a timetable to deliver, would do four things: the owners of buildings that contain two or more sets of domestic premises would share information with their local fire and rescue service about the design and make-up of the external walls; they would complete regular inspections of fire entrance doors; they would complete regular inspections of lifts; and they would share evacuation and fire safety instructions with residents and the fire service. These measures are straightforward and are supported by key stakeholders.

In the Minister’s letter that sets out details of the Government’s concession, he wrote that the Government would lay regulations to make responsible persons produce and regularly review evacuation plans for their building. The Grenfell recommendation, and our amendment, said more than that. They said that that information should also be shared with local fire and rescue services and residents. I would like the Minister to clarify in his closing remarks who these evacuation plans will be shared with and how this will be enforced, but I am grateful to him for seeing sense and heeding our calls to do the right thing, because it has been ages.

I come to the second point that I want to make. It has been nearly four years since 72 people so tragically lost their lives in the Grenfell Tower fire. In those four years, Grenfell United, the families, the survivors and the entire community have fought tirelessly for change. It is thanks to their hard work and dedication that the Government have finally agreed to implement the recommendations by October 2021. I pay tribute to them and their ongoing fight for justice. I pay tribute to our firefighters who keep us safe every day. We know that cuts to their service have hit hard—response times are inevitably affected, and morale is affected—and now they have a pay freeze, which is no way to thank them for going above and beyond during the covid pandemic.

I come to my third and final point. Leaseholders should not have to fund the cost of fire safety remediation works when they are not to blame and they are the least able to pay.

Stephen Doughty Portrait Stephen Doughty
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I wholeheartedly agree with my hon. Friend on that point, as she well knows, because of the leaseholders who are affected in my constituency. While the Welsh Government have put forward an additional £32 million in their new Budget for this very issue, leaseholders in Wales are still in the dark from the Government’s announcements about what moneys there will be for Wales and how the levy and tax will work. Does she agree that the Government should sit down with the Welsh Government Housing Minister and sort this out for the benefit of all leaseholders?

Sarah Jones Portrait Sarah Jones
- Hansard - - - Excerpts

I thank my hon. Friend for that intervention. I have a sense of déjà vu, because we have been saying all this for some time, as have Members across the House. Of course the Government should sit down with the Welsh Government and work out whether any of this funding will go to Wales and how that will work.

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Christopher Pincher Portrait Christopher Pincher
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I am grateful to all right hon. and hon. Members for their contributions to this debate. Members have spoken passionately and sincerely on behalf of their constituents. I think that everybody, from all parts of the House, wants to see the cladding scandal ended once and for all, and ended quickly, which is what the Government are about.

Christopher Pincher Portrait Christopher Pincher
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As I did not give way to the hon. Gentleman earlier, I suppose that it is only right for me to give way to him now.

Stephen Doughty Portrait Stephen Doughty
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The Minister is being very generous. He kindly agreed the other day to speak to his ministerial colleagues about getting a sit-down meeting with Julie James, the Welsh Minister for Housing and Local Government, to resolve some of these unanswered issues. She did write on 10 February to the Secretary of State for Housing, Communities and Local Government. She has yet to receive a reply. Can we please get that meeting arranged and please get some answers to her very reasonable questions on behalf of leaseholders in Wales?

Christopher Pincher Portrait Christopher Pincher
- Hansard - - - Excerpts

Not only did the hon. Gentleman speak to me in the Chamber, but, even more importantly, he spoke to me in the Tea Room. I shall certainly ensure that he gets a response as swiftly as possible.

In the time that I have, let me speak to the effectiveness of this amendment. As parliamentarians, no matter what the issue is before us, we have a duty, as I said earlier, to implement a clear framework and transparent legislation to support fire and building safety reform. Despite the best intentions of those who have tabled this amendment, I have to say that it is unworkable and impractical. There are three specific points that I should raise. First, the amendment does not take into account remedial works that arise outside of the fire risk assessment process—for example, costs identified as a result of a safety incident or building works taking place. In such cases, this will not prevent costs being passed on, so it does not deliver what Members want it to do. Furthermore, if these amendments were to be added to the Bill and become law without the necessary redrafting of the legislation, the Government, and thereby the taxpayer, would in all likelihood fall liable to protracted action by building owners in the courts. Building owners could use litigation to claim for costs that they feel are entitled to be pursued from leaseholders. While that litigation is ongoing, there could be further delays to construction work carried out on urgent remediation. It could be a waste of time and a waste of taxpayers’ money. Redrafting the Bill is not something that can be done at the stroke of a pen. It requires parliamentary counsel and parliamentary draftsmen to work at it to ensure that any changes are sound and that any secondary legislation is also prepared, so that the Government, and thereby the taxpayer, can avoid legal challenge. We would not be able to get it done in this Session.

Furthermore, the amendments do not reflect the complexity involved in apportioning liability for remedial defects. The Government have announced how they will distribute costs, including from developers and industry, through our upcoming levy and tax. A decision through this amendment to pass all these costs to the building owner would be overly simplistic and it could be counter-productive. It would be self-defeating if landlords, faced with remediation costs, simply walked away. Many could do that. They could activate an insolvency procedure and just walk away. That is not about protecting freeholders, but about protecting leaseholders. It is about their position, because if leaseholders are left behind as the owners walk away, they would be in the same position as they are now, with no certainty on how works would be paid for or when they will be done. There is a real risk that this amendment could make the problem worse for leaseholders. We would be left in a situation where there would be delays to the commencement of the Fire Safety Bill, delays to our wider building safety programme, greater uncertainty for leaseholders and, quite possibly, unintended and deleterious consequences for them. We would not be any further forward in resolving the issue.

Fire Safety Bill

Stephen Doughty Excerpts
Consideration of Lords message
Tuesday 27th April 2021

(2 years, 11 months ago)

Commons Chamber
Read Full debate Fire Safety Bill 2019-21 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 196-I Marshalled list for Consideration of Commons reason - (27 Apr 2021)
Sarah Jones Portrait Sarah Jones (Croydon Central) (Lab)
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The Sunday Times reported two days ago that the Bank of England is worried that

“Britain’s building safety scandal could cause a new financial crisis.”

The Bank is worried about the scandal’s impact on property values, as new data from the Leasehold Knowledge Partnership shows that fire-risk flats can sell for as little as one third of their purchase price. That is devastating and requires an immediate response from the Government.

The Government surely should not need reminding that a collapse in house prices triggered the global financial crisis in 2007, but it seems that they do, and it seems that they also need reminding of the misery that this crisis is causing hundreds of thousands of people. The safety scandal that has unravelled in the wake of inaction and indecision since the Grenfell Tower fire in 2017 has left up to 1.3 million flats unmortgageable and affects thousands of recently built houses. As many as 3 million people face a wait of up to a decade to sell or get a new mortgage because they cannot prove that their homes are safe, and we have leaseholders who face repair bills of up to £75,000 for flaws such as flammable cladding and balconies, and missing fire breaks.

We stand here today while thousands watch this debate and suffer, worrying about their futures, getting into debt and facing bankruptcy. We have to ask ourselves what the Government actually care about. They do not appear to care that the Bank of England thinks that we are heading for a financial crisis. They do not appear to care that thousands and thousands are living with anxiety, fear and debt. They do not seem to care that the vague and undefined loan scheme that they have hailed as the answer—despite having promised many times that leaseholders will not have to pay—will damage people’s property prices and will not actually be in place, as we hear today, for at least two years, leaving thousands to pay mounting waking watch bills and stuck in properties that they cannot sell.

Stephen Doughty Portrait Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)
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I completely agree with the points that my hon. Friend is raising. She will know the suffering of my constituents in Cardiff South and Penarth. Does she agree that the UK Government need to get around the table with the Welsh Government and provide clarity on how those taxes will work, and how money will flow from the building levy and the tax? The UK Government have not yet done that. We have finally had an answer to the letter from the Welsh Housing Minister, and the Welsh Government have put aside money, but they are not clear how much money is coming from the UK Government.

Sarah Jones Portrait Sarah Jones
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My hon. Friend has raised that point many times, and he is standing up for his constituents in a way that I am afraid that this Government will not.

What do the Government care about? We are left with one possible answer. Do the Government care only about the donors who keep their Prime Minister in fancy furniture, so that he can spend £60,000 on curtains in No. 10, while nurses and key workers out there face £60,000 bills for cladding with no wealthy Tory donors to bail them out? Do the Government really care only about big property developers, such as European Land and Property, which developed a block of flats in Paddington that used the same aluminium composite material cladding as was on the Grenfell Tower, and which has donated £2.5 million to the Conservative party since the Grenfell Tower fire in 2017? Do the Government really care only about Britain’s biggest builders, who have built up vast profits during the pandemic, such as Persimmon—