Building Safety Bill — House of Commons, 2022-04-20
Topic: Housing
Hilary James Benn (Labour, Centre-left): Like many Members have already done, I begin by acknowledging the progress that the Government have made. I think the House would like to thank the Secretary of State and the Minister for Housing for effecting the transformation from the laissez-fair approach that the Government took previously to a really hands-on approach now—I also pay tribute to the civil servants for the work they have obviously done advising Ministers—and for asking themselves, "What are all the levers we can pull and the legislation we can enact to force people to live up to their responsibility?" I also thank Members on both sides of the House—it has been a team effort—but echo the point made by the right hon. Member for Hemel Hempstead (Sir Mike Penning) that, given the Government majority, dissent on the Conservative Back Benches has been really important in getting us to this point. I pay particular tribute to the hon. Members for Stevenage (Stephen McPartland) and for Southampton, Itchen (Royston Smith) The reason above all others that we have got to this point, however, is the leaseholders’ refusal to give up. They looked at the situation they found themselves in through no fault of their own and basically said, "We’re not having it, because it’s not fair." The House now acknowledges that and recognises it, so we should, above all, applaud their determination and persistence and that of all the cladding groups, including the Leeds Cladding Scandal group in my constituency, where, like many speakers today, I have constituents who are affected. It shows what can be done if people do not give up, which is a really important life lesson Having said that, our constituents have lived with years of uncertainty and it is not quite over yet—a point to which I shall return. Reference was made to a video of one of the fires. We all saw what happened at Grenfell, but there was also the fire at The Cube student accommodation in Bolton, and we saw how quickly it went up. I think the official report said, in effect, "The building did not perform according to expectations". If that is not understatement, I do not know what is. The truth is that we are dealing with a load of buildings that were badly built and unsafe, and people got away with it for far too long. Let us try to put ourselves in the position of those who live in those buildings. Never mind the fear of a bill arriving which they have no hope of paying; there are the waking watch costs, the insurance, the uncertainty, the inability to get on with their life or to sell, and going to bed every night thinking, "Well, if there were a fire, would I get out if the building went up in 11 minutes?" It is a scandalous position that people have been put in through no fault of their own I have a few brief points to make. The first is that I stick to the principle that I and many other Members have advocated from the start, which is that leaseholders, because they are not responsible, should not have to pay anything. My hon. Friend the Member for Greenwich and Woolwich (Matthew Pennycook), who spoke so clearly a little earlier, was absolutely right when he said that they should not have to pay. A cap is better than an uncapped bill, but why should they have to pay anything at all Secondly, we have discussed the position of buildings under 11 metres this afternoon, and I think the local case for including them is extremely strong. Replying to interventions, the Minister for Housing said that he is prepared to look at them on a case-by-case basis, but it seems to me that he could do that even if the Government chose to include them in the scheme Thirdly, I seek clarification on a point my hon. Friend raised about what happens if leaseholders have already paid up to the £10,000 cap but there are further costs. What if there is a continuing need for a waking watch? If the bill is not paid, the fire service may say to leaseholders, "You’re going to have to leave the building. We’re shutting it down because you don’t have a waking watch still in place." What happens in those circumstances? It would be scandalous if leaseholders who have already paid the £10,000, or £15,000 in London, were to suffer that for want of someone to pay the bill Fourth is a point that has not been raised in the debate so far, but some constituents have contacted me about it. The Government have decided to limit the number of leaseholders who are not resident—buy-to-let landlords—who can benefit from the scheme. Morally, I do not see how anyone can argue that they are more responsible for the failings of others than residential leaseholders. Also, if a building has a lot of buy-to-let properties and the buy-to-let landlord leaseholders cannot come up with their share of the money to fix the building, that has an impact on the residential leaseholders living in the building, and the net result could be that the building does not get fixed and they continue to bear costs that they cannot bear. I say "cannot bear" because ultimately that is the reason the Government have had to move. It was a fantasy to think that leaseholders would come up with sums of money they simply do not have—ridiculous. It was never ever going to happen.