Part of the debate – in the Senedd at 4:50 pm on 29 November 2017.
There is also no evidence that the alternative disputes resolution process, operated by the Centre for Effective Dispute Resolution, is any more effective. My constituent Mr Gray, who is in the public gallery today, is a rare case of CEDR granting a victory. CEDR instructed CIGA to remove the insulation at Mr Gray’s home, which they did, but, in the process, the extraction work caused extensive damage to the external render. Mr Gray’s surveyor’s report recommended a full re-rendering of the property. CIGA refused to act. Mr Gray went back to CEDR, who said there was nothing they could do, and that my constituent’s only option was to take CIGA or the installer to the High Court, which as you will know, is highly expensive. It is often those with the least means that find the process so daunting, and many simply don’t bother complaining. In my opinion, CIGA is simply not fit for purpose. So, where does all this leave the consumer? As the Green Deal Oversight and Registration Body states on its website, 'There is no clear consumer redress path because of complex contracting arrangements'.
Presiding Officer, I recognise that the motivations behind the various cavity wall insulation schemes are worth while: to provide people, including those in Wales who are in fuel poverty, with a warm home and lower fuel costs and to help the UK to meet its obligations in respect of carbon emissions reduction, but that cannot be the extent of the UK Government’s liability and responsibility. The UK Government, which plans a further 1 million installations, has an obligation to sort this problem out. It is UK Government policy that has inflated this market to its current enormous scale and size—by some measures, worth £800 million. It is the UK Government that failed to apply regulations to protect people from misselling, and it was the UK Government that failed to introduce a transparent, robust process that puts things right and compensates people appropriately.
I acknowledge the action that the Welsh Government has already taken. Ensuring that proposed installations are independently undertaken by properly qualified people will help prevent future misselling. Providing householders with guidance on maintenance will also help. I would, however, ask if there is more we can do within our existing powers. For example, a second assessment at, say, 24 months after installation would provide robust evidence to present to CIGA and remove the burden of cost on the consumer. Fundamentally, it is the energy suppliers who need to be engaged in the process and to take responsibility for the subcontracted work they have directed. They decide which measures they fund and which installer they work with, so they should not be allowed to simply stand back from the problem they have helped create. It may be that the devolution of further energy policy in 2018 will present opportunities to do this, and I would ask the Cabinet Secretary to consider what new options might actually be available to you.
I opened by profiling the villains in this growing scandal, but there are, thankfully, some heroes. Each and every resident who bravely takes a stand against the industry misselling is worthy of recognition. I would like to make a special mention of Pauline Saunders and CIVALLI, the volunteer organisation that is standing up for victims of cavity wall misselling. Pauline and a number of victims of misselling are in the gallery today, and I pay tribute to you all for the work that you do as volunteers.
But, as I said at the beginning of my speech, the process is loaded against the individual. We must be unequivocally on the side of families whose lives have been blighted by this scandal. As a first step, the Welsh Government must establish the precise situation in Wales and publish an action plan. It must recognise that the Welsh Government’s actions to date will not benefit those who have already been missold, so it must include a demand that the UK Government undertakes a full review of the industry, including the regulation of sales, the role of CIGA, the need for a fair redress and compensation process, the role of Ofgem and the responsibilities of the energy companies. It appears to many that there may be a massive industry cover-up, either deliberately
or by complacency. By supporting this motion, we recognise that cavity wall insulation misselling is a growing scandal, and we urge the Welsh Government to do all it can to help achieve justice for victims of misselling and justice for those who will discover themselves to be victims in the coming years. Thank you.