The next item is item 11, LCM on the Fire Safety Bill, and I call on the Deputy Minister for Housing and Local Government to move the motion. Hannah Blythyn.

Motion NDM7407 Hannah Blythyn

To propose that the Senedd, in accordance with Standing Order 29.6, agrees that provisions in the Fire Safety Bill, in so far as they fall within the legislative competence of the Senedd, should be considered by the UK Parliament.

Motion moved.

Thank you, acting Deputy Presiding Officer. I'm pleased to propose this motion today and outline why it should receive support from Members of the Senedd. We all do, and very much should, remember the fire and incredibly tragic loss of life at Grenfell Tower over three years ago. We know from the public inquiry that the rapid spread of the fire and the resulting loss of life was largely due to defects in the external windows and cladding on the tower. Internal structures like fire doors also failed to resist the spread of fire properly.

It's a travesty that fire safety law as it stands does nothing to address these risks. The Regulatory Reform (Fire Safety) Order 2005 was designed for workplaces, not blocks of flats. The way it is drafted means that it doesn't apply to external walls for such blocks at all; it doesn't even clearly cover internal fire doors separating individual flats and common areas. That means that landlords and other responsible persons did not have a duty to maintain these features to minimise the risk of fire. It also means that the fire and rescue services have no powers to inspect them nor to enforce compliance. This short Fire Safety Bill will correct these significant shortcomings. It will provide that the whole of a block is covered by the Order, except only the interior of individual flats. These are important and what should be uncontroversial changes.

For historical reasons, the Order can only be amended by primary legislation. Although I am clear that such legislation would be within the Senedd's competence, there isn't space within the legislative programme for such a Bill here before next year's elections. So, given the seriousness of the matters it addresses, it is both practical and appropriate for the Bill to cover Wales too. The Bill applies to premises in Wales and England in identical terms and confers identical powers on the Welsh Ministers and the Secretary of State.

I'd like to thank both the Legislation, Justice and Constitution Committee and the Equality, Local Government and Communities Committee for their scrutiny of the Bill and legislative consent memorandum. I agree with what they had to say. In particular, I fully accept that there is much more to be done to learn and apply the lessons of Grenfell Tower. The Minister for Housing and Local Government, Julie James, set out our intentions in a written statement in June and we'll follow that up with a comprehensive White Paper early in the new year. But the Bill before us today is an important first step and I urge the Senedd to agree with its application to Wales.

Thank you. I call on the Chair of the Equality, Local Government and Communities Committee, John Griffiths.

Diolch yn fawr. I'm very content with the Government's approach to the LCM. We could see that there was some room for potential confusion, but we noted what the legislation committee had to say and we were quite content to support that.

It's obviously an extremely important measure, and as a committee, we've taken a great deal of interest in the tragedy of the Grenfell Tower fire, and we did some work on that, which we followed up with further work. We've tried to keep quite a close eye on what UK Government have been doing as well. We felt that, at some stages, there was a lack of clarity, but it seems that a lot of the problems have been overcome and, as I say, we're content as a committee with the Welsh Government's approach on this.

I call on the Chair of the Legislation, Justice and Constitution Committee, Mick Antoniw.

Thank you. We considered the legislative consent memorandum in respect of the Fire Safety Bill at our meeting on 8 June and we laid our report before the Senedd on 17 June. Our report acknowledged that the Bill is one part of the response to improve building safety following the fire at Grenfell Tower in June 2017. We noted the Welsh Government's assessment of the provisions in the Bill that require Senedd consent. We also noted their reasons as to why, in the Welsh Government's view, making provision for Wales in the Bill is appropriate. 

Finally, our report noted that clause 2 of the Bill gives powers to the relevant authority, which, in Wales, is the Welsh Ministers, to make regulations to amend the fire safety Order for the purpose of changing or clarifying the premises to which it applies. We welcome the use of the affirmative procedure for this power. Diolch, Deputy Llywydd.

Diolch. Janet Finch-Saunders.

Thank you. I cannot emphasise enough how important the Fire Safety Bill is, and as such, I want on record my dismay that this LCM has only been allocated 15 minutes on today's agenda. Such an important issue as fire safety actually deserves more time and debate in this Parliament—a measure that would've certainly reflected the keen interest taken by the Equality, Local Government and Communities Committee following the horrific fire at Grenfell Tower in June 2017.

Now, as at May 2018, 143 high-rise residential buildings of 18m plus were identified in Wales: 38 in the social sector, 105 in the private. I can only begin to imagine the fear residents have been living with since the Grenfell disaster, and as such, I'm at a loss as to why this Government did not prioritise any legislation for fire safety. In the ELGC committee report on buildings in the private sector, they called for the Welsh Government to bring forward legislation to replace the fire safety Order in the current Welsh parliamentary term and for that legislation to include:

'Standards for persons undertaking fire risk assessments;

'A requirement for fire risk assessments to be undertaken as a minimum annually for high rise residential buildings;

'Clarification that fire doors which act as the front doors to flats are considered part of the communal areas and therefore covered by the legislation replacing the Fire Safety Order 2005.'

I agree with this committee that the issue is of such fundamental importance it should have been given the highest priority. And I will place again on record my opinion that the Welsh Government has failed by not bringing forward this legislation. I simply do not buy into the suggestion that there is no space, or was no space, in the Welsh Government's current legislative programme.

Nonetheless, as the committee have observed, it is a sensible approach to use UK Government legislation to make necessary changes that otherwise would not happen until the next Senedd election. But one really basic questions for you, I have, is: why has this work on fire safety not been prioritised? An answer to that question is especially important when, according to 'A Road Map to safer buildings in Wales', there is a definite need for significant new legislation to deliver a new regulatory system and to introduce many changes. The road map has clear recommendations, such as, in relation to sprinklers, fire alarms, smoke detectors, planning, risk assessments and staffing. So, I would appreciate an update as to where you are with all or with any of the recommendations relating to the Welsh Government.

Clauses 1 to 3 of the Bill relate to the fire safety of buildings in Wales. Clause 1 makes amendments to the regulatory reform fire safety Order 2005 to clarify that it applies when the premise is a building containing two or more sets of domestic premises, to (a) the building's structure and external walls, which includes doors, windows and anything attached to the exterior walls, such as cladding, insulation, fixings and balconies, and any common parts; and (b) doors between domestic premises and common parts. I welcome the amendments and the fact that they affirm that fire and rescue authorities can take enforcement action against responsible persons if they have failed to comply with their duties under the FSO.

Deputy Minister, earlier this year, you proudly proclaimed that Wales had the most extensive programme of home fire safety visits in Britain. You said that the Welsh Government provides the service, with £660,000 in funding to ensure these visits and the safety devices, which are supplied as part of them, are completely free to our householders. It is noted in the motion that costs will be incurred by Welsh fire and rescue authorities as a result of this Bill, who will now undertake more wide-ranging inspections of blocks of flats, including examining the features of each building stipulated. Urgent clarification must now be provided to our fire authorities about how this extra work will be funded.

In concluding, this Bill looks like nothing more than a temporary legislative bridge—a sticking plaster for Wales until more extensive and considered legislation can be brought forward here. The Welsh Conservatives will be voting in favour, but we remain dismayed at the Welsh Government's lack of ambition, and urgent legislation must be made a priority at the start of the next Parliament. Thank you. Diolch.

I call on the Deputy Minister for Housing and Local Government to reply to the debate.

Diolch. I'd like to thank all Members for their contributions to this debate today. I'm grateful for the comments of both John Griffiths, in his capacity as Chair, and Mick Antoniw, in his capacity as Chair, particularly for the support and the important work with the ELGC committee to take forward the work we're doing and, also, the work on the expert group recommendations. I look forward to engaging the committees as we take forward the work on our White Paper with my colleague the Minister for Housing and Local Government.

I note many of Janet Finch-Saunders's comments and I welcome the Welsh Conservatives' support for this important Bill. As I said in my opening remarks, this is clearly a first step, and I acknowledge that there's more work to be done in what is often a large, far-reaching and complex area and arena. It's important that we take the time to address all issues appropriately and, more importantly, we get any action right. We're working with the UK Government on their building safety Bill and also—we will work with them where is appropriate.

Acting Presiding Officer, just to be quick, this is a small but important piece of legislation for improving fire safety in blocks of flats, but, as I said, we have much more to do. I hope the Senedd can support us in taking these early and important steps.

The proposal is to agree the motion. Does any Member object? No. The motion is therefore agreed in accordance with Standing Order 12.36.

Motion agreed in accordance with Standing Order 12.36.