Kit Malthouse
MP for North West Hampshire · Conservative · United Kingdom
“We have heard time and time again that the situation that thousands of our constituents live with every single day is so horrific and appalling that even the best palliative care cannot alleviate their pain. I urge colleagues to consider what their vote may mean today.”
“I will not. Some of those Members had just a few months before been specifically rejected by the electorate and replaced in this House by others, and I am afraid that they cannot be trusted not to do the same thing again. I grant my right hon.”
“The Health and Social Care Committee of the House of Lords found that in territories that have assisted dying, palliative care generally improves, because people become less afraid of talking about death.”
“One of the most affecting people I have met over the last 11 years of campaigning on this issue is Warwick Jackson, who came to our party conference a couple of years ago. Warwick’s wife, Ann, was diagnosed with terminal peritoneal cancer. She basically knew that she was going to die a slow, suffocating death at the end.”
“I respect my right hon. and learned Friend’s expertise in this matter, but, as he has already heard on the Floor of the House, it is perfectly possible for this House to suggest amendments, negotiate them with the promoters of the Bill, place them against the legislation in the House of Lords and then have them come back to this House for…”
“As co-sponsor of the Bill once again, I am acutely conscious that there is more at stake today than merely the fate of those who are facing their end, because the conduct of the other place means that our democracy is also on trial today.”
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“If we were to extend his thinking, we might say that we do not actually want anybody in a wooden building. A single-storey wooden building—a mobile classroom or whatever it might be—is an issue that we need to think about. [ Interruption. ] I understand, but that is why height matters. The particular height of 18 metres has been selected by the expert panel. As I have said, I am happy to keep that under review, and my mind remains open. The hon. Gentleman would expect me, I hope, to be constructive in such a way. None of us has an interest in there being fire casualties; we all have an interest in getting this right. My objection to the tone of some of his speech was that he should not infer that we do not care.”
“As I have said, the Department for Education has conducted an exercise in which buildings have been reviewed and measures have been taken to ensure that those buildings are safe. I speak as somebody who has two children at school, and I understand that schools go through their fire drill, have fire doors, know where all the children are and are very focused on the notion of fire safety. I am more than happy to have a think about the point the hon. Gentleman makes. As I say, we constantly keep these things under review, and the vehicle for that will be the review of approved document B in the building regulations in all circumstances. I am not saying no, but the hon. Gentleman would expect us to have a proportionate response that minimises the threat of fire in all circumstances.”
“We set out our proposed approach to implementing these measures in the recent leasehold reform consultation, which closed on 26 November. We intend to create a new statutory regime for freeholders that is based on the rights enjoyed by leaseholders. This would ensure that maintenance charges must be reasonably incurred and that services provided are of an acceptable standard, and it includes a right to challenge the reasonableness of charges at the property tribunal.”
“Members have quite rightly raised concerns about the lack of redress should a freeholder disagree with these charges, and there have been disputes about who should be responsible for, and control, the maintenance of communal areas. In many cases, contracts do not specify, limit or cap those freeholder charges. This lack of transparency leaves homeowners in a vulnerable position. Leaseholders have a whole suite of protections and rights that enable them to hold management companies to account. Freeholders have no such equivalent, even though they might be paying for the same or similar services. The current situation is unfair to freeholders, and we are committed to introducing legislation to plug that gap.”
“Fairness includes making house buyers aware of arrangements for the upkeep of communal facilities and any fees for which they may be liable. As hon. Members have pointed out, many freeholders must pay charges towards the maintenance or upkeep of communal areas on an estate. The obligation to pay these charges might be provided by a deed of covenant or through an estate rent charge that forms part of the purchase contract. These charges can include contributions towards the upkeep of open spaces on an estate, or for the maintenance of roads and other infrastructure that is not adopted by the relevant authorities. Hon.”
“It is a great pleasure to serve under your wise and sanguine chairmanship once again, Mr Hollobone. The hon. Member for Bishop Auckland (Helen Goodman) and I shared many thrilling meetings of the Select Committee on the Treasury, and I congratulate her on securing this debate. I know that she is promoting a ten-minute rule Bill, and I thank her for the opportunity to debate an issue that affects not only her constituents but mine. This Government are committed to making the housing market work. We aim to increase house building to an average of 300,000 net new homes a year by the mid-2020s. It is vital that as housing supply increases, the quality of new developments continues to improve. We expect all housing developers to deliver good-quality housing and estate facilities, to deliver it on time, and to treat house buyers fairly.”
“Consumers must have effective ways to get things put right when they have a problem with their housing. That is why we are committed to legislate, so that freeholders have a right to challenge the reasonableness of any maintenance charges for which they are liable. That is why we will establish a new homes ombudsman to protect the interests of homebuyers and hold developers to account when things go wrong. The hon. Member for Croydon Central asked four specific questions. First, I am certainly willing to consider the suggestion to use Help to Buy as a lever to improve standards. Secondly, on mis-selling, it is open to any hon. Member to make a reference to the regulatory authorities, whether that be the FCA or the Senior Salaries Review Body. Is the hon. Member for Bishop Auckland still on the Treasury Committee?”
“In the end, all these matters have to be paid for. There is only so much money that can be extracted from a particular housing development. It is therefore at the discretion of local authorities to decide the balance of 106, the cost to them of adopting measures, and where and when maintenance should fall on residents rather than on the local authority. It should always be clear to potential purchasers what the arrangements are for the upkeep of open space and the maintenance of roads. However, we do not think that requiring local authorities to adopt all communal facilities on new developments is the right approach. It removes local flexibility and, in our view, sends the wrong message to developers about their responsibilities. I do agree with the hon. Member for Bishop Auckland regarding redress.”
“In terms of roads, local highways authorities are responsible for the maintenance of local public roads in England. A decision on whether to adopt a road is a matter for the local highway authority and the Government have no direct role in that process. It has been suggested that freeholders who pay these charges should receive a rebate in their council tax. We think that argument is misplaced. The amount of council tax due from each of us is not adjusted to reflect the specific level of services we receive as residents of the area. Instead, the level of council tax helps the authority to deliver a broad range of services to the wider community in its area. It is open to local authorities to offer council tax discounts to individuals or groups of taxpayers. This is an entirely local decision.”
“At this point it is worth pausing to consider planning arrangements and how they support new developments. When a new development is granted planning permission, local authorities can use conditions, or a section 106 planning obligation, to secure a commitment from developers to provide and maintain open and communal space. This means that the local authority does not have to adopt or maintain the land at its own expense. It is up to developers and the local planning authority to agree appropriate funding arrangements as part of those commitments. Conditions and planning obligations cannot, however, currently be used to compel local authorities to do something. The local authority has powers to ensure that developers build and maintain communal facilities to the standards and quality set out in the planning permission.”
“I realise that there are many impatient freeholders out there, but we have to deal with the small matter of national destiny before we get on to equally pressing matters on the domestic agenda. I assure her that we will give it our attention as soon as we can. It is absolutely right that consumers should have fair, quick and easy ways to get things put right when they have problems. In October we announced our intention to introduce legislation to require all developers to belong to a new homes ombudsman. Last year, we consulted on how we could improve redress for residents across all housing sectors, and we will publish our response to that consultation shortly. It has been argued that local authorities should be compelled to adopt all communal facilities on a new estate.”
“The right hon. Gentleman raises a valid point. We are also considering whether freeholders should have a right to change the provider of maintenance services by applying to the tribunal for the appointment of a new manager, which might be useful for existing freeholders if they are dissatisfied with the service they receive. The Government intend to introduce legislation to implement the changes as soon as parliamentary time allows. The hon. Member for Croydon Central (Sarah Jones) quite rightly challenged us on when that might be; she will know that we have an exciting and packed legislative timetable at the moment, but our aspiration is that the legislation will be introduced within the next 12 months.”
“Well, the hon. Lady knows the FCA well, so if she wants to make a reference, then by all means she should. She asked me about the legislative timetable. Our aspiration is for some time in the next 12 months. The terms of reference have not been decided for Lord Best’s review of leasehold and whether those lessons could be transferred across the field. We will certainly consider that suggestion as part of the process. In conclusion, it is certainly the case that as a constituency MP I have experience of exactly the issues that have been raised, and I have been in discussion, shall we say, with the developers concerned in my own constituency, so I am well aware of the issues that have been aired this afternoon. I am grateful to the hon. Lady for bringing such focus to the matter. I assure her that we will take action as soon as we can.”
“As a result of our interventions, we have secured commitments from owners of 268 privately owned buildings, 212 of whom have either started works, completed them or have commitments in place to remediate. There remain 42 private residential buildings for which the owner’s plans are unclear, so we are maintaining pressure and rule out no solutions. This is obviously a matter of great importance to many colleagues and, indeed, to many constituents, and that is reflected in the huge amount of activity that is taking place both within the Department, externally within the industry and, critically, in this House. There is an Adjournment debate tomorrow, and I will appear at oral questions and before the Housing, Communities and Local Government Committee on Monday.”
“As of 31 December last year, interim measures have been in place on all 176 high-rise private residential buildings with unsafe ACM cladding. Permanent remediation must rightly now be our key focus. On 18 December, we published our plan to implement the recommendations of Dame Judith Hackitt’s independent review of building regulations and fire safety, which will create a stronger regulatory framework and fix the issues for the long term. We have repeatedly called on private building owners not to pass costs on to leaseholders who find themselves in this position through no fault of their own. We have also warned private building owners that, unless they remove and replace unsafe ACM cladding from their high-rise residential buildings now, local authorities have the power to complete the works and recover the costs from the owner.”
“There is nothing more important than ensuring that people are safe in their homes, and we remain determined to ensure that no community suffers again as the community did so tragically and appallingly at Grenfell Tower. Within days of that tragedy, a comprehensive building safety programme was put in place to ensure that residents of high-rise blocks of flats are safe and feel safe now and in the future. Our Department has worked with fire and rescue services, local authorities and landlords to identify high-rise buildings with unsafe cladding and to ensure that interim safety measures are in place until issues are permanently remediated. Measures have included waking watch, which has been put in place in all high-rise buildings with ACM cladding, with the oversight of the National Fire Chiefs Council.”
“All the while, in all of this—he may present himself as an expert, but I am certainly not an expert—we are guided by expert opinion, which includes Dame Judith Hackitt’s review and the independent expert advisory panel that was constituted in the immediate aftermath of Grenfell. We follow their advice in making sure that we can guarantee people’s safety tonight.”
“We now know, and can tell everyone in tower blocks with this cladding, that they are safe tonight. The Government’s primary focus was to make sure there were enough interim measures in place and that local fire and rescue services were satisfied that the buildings were immediately safe, while at the same time providing the resources, assistance and support—and, yes, cajoling some in the private sector to do their duty and replace this cladding. That is what we continue to do, and we are making significant progress. However, the right hon. Gentleman is correct that we will get to a point where, for a small number—we are now down to a small number—of owners or contractors who put this cladding on buildings, we will need to consider more assertive measures, and those measures are under active consideration at the moment.”
“I am sorry that the right hon. Gentleman has sought to make this such an antagonistic exchange in what is a difficult and complicated situation that requires significant amounts of engineering and construction work, which will necessarily take time. He will know that the response from both the Department and the Government in the aftermath of the Grenfell tragedy was immediate and wide-ranging. The commissioning of Dame Judith Hackitt to conduct her inquiry was an important step forward in tackling this issue. Since then, significant resource and effort have been injected into the need to remove this cladding, but the vital first step was to make sure that people living in high-rise blocks with ACM cladding were safe immediately, and those steps were put in place immediately.”
“The advice on evacuation procedures is for the local fire and rescue service to determine. Depending on the formulation of the building, advice is given on whether it should be evacuated simultaneously or sequentially, and that advice varies from building to building. In the end, it is for the local fire and rescue service to satisfy itself that there are appropriate evacuation procedures in each building. My hon. Friend is a well-known and long-standing champion for leaseholders in a number of circumstances, and he will know that we are putting significant pressure on building owners and, indeed, contractors to ensure that leaseholders do not bear the cost of this situation in any circumstance. The Secretary of State has not ruled out any particular measure in making sure that that pertains.”
“Lady mentioned, but as she will know, we are reviewing approved document B—the fire safety building regulations —and we would welcome any contribution towards that consultation to help us to get this right.”
“As I said in my earlier answer to the right hon. Member for Wentworth and Dearne (John Healey), I believe we are making progress on remediation. That is particularly true in the social sector, but we are now seeing signs that significant progress is being made in the private sector with the number of buildings that have been completed, the commitments that have been made and the work that is ongoing. Regarding the Manchester situation that is on the front page of the paper today, I understand that the local fire and rescue service is satisfied that everybody will be safe in that building tonight, and that temporary measures are in place while the work is being done. There seems to be some complication about getting that work done, but it is being done. Sadly, I have not met the Minister whom the hon.”
“My hon. Friend is a fierce advocate for his constituency, and we share his concern about the position of the Northpoint residents. We have been very clear that leaseholders should not bear the cost, and he will be pleased to learn that the Secretary of State has written to the building owner and other parties concerned to make it clear that he expects them to fund the work.”
“The Chair of the Select Committee raises an important point. We have offered financial assistance to local authorities, and we will work in partnership with them to attempt to recover the money. Where that proves to be impossible, we will try to reach as convenient and financially efficacious an arrangement as possible.”
“My right hon. Friend raises what sounds like an alarming situation. Where people’s homes are concerned—whether it is about safety, the future of their homes or, indeed, demolition—I urge all those in authority to be as transparent as possible. It can be extremely debilitating, concerning and worrying for any resident to have the future of their home mired in uncertainty. I hope that he gets the clarity that his residents need.”
“The hon. Lady is quite right; given the story on the front of the paper, anyone who lived in that block would be worried. We have reassured ourselves that the Greater Manchester fire and rescue service is satisfied that everybody resident in that block is safe tonight, and that there has been sufficient engagement by the owners and managing agents to make sure that the temporary measures that are in place are adequate to keep residents safe. We understand that there is work under way. I believe that that work has been contracted, but it is yet to be made clear who will pay. We will put pressure on the owners and managers of that building, as we are doing with all owners and managers, to make sure that it is not the leaseholders who pay. At this stage, we are not ruling out any particular measure for making sure that that is the case.”
“My hon. Friend is quite right, and he points to something that will become an increasingly difficult issue. In a number of cases, the freeholder of a building—essentially, the owner of the building—may well be obscure, overseas, difficult to contact or, indeed, a dormant company. In those circumstances, as the Chair of the Select Committee pointed out, local authorities have the power to enter the premises and do the work. We have offered financial support to make sure that it gets done.”
“We believe this a significant part of our responsibility to make sure that everybody is safe. As I said earlier in response to the right hon. Member for Wentworth and Dearne (John Healey), our primary concern is to make sure that every resident is safe tonight. Whatever measures are required—whether a waking watch, the retrofitting of heat sensors or smoke alarms, new doors, or whatever else it might be—our primary concern is that every local fire and rescue service can guarantee to the Department that everybody who is in a residential building of more than 18 metres is safe tonight. The secondary concern of importance is getting the remediation done. We are making significant progress on that and will be accelerating that progress in the next few months.”
“I am sorry that the hon. Lady has not acknowledged the significant amount of work that has since taken place, not least the work of Dame Judith Hackitt, which has been seminal and foundational in our changing of the building regulations for the future. The hon. Lady should be under no illusion about the seriousness with which I take the matter. It has occupied very significant amounts of my time since I was appointed in the summer, including chairing the ministerial taskforce, having regular meetings with the team internally to make sure that we are driving performance and numbers and, critically, engaging with the Grenfell community, as I have done on many occasions, both individually and collectively. That included, movingly, attending the silent walk that took place just before Christmas.”
“My hon. Friend makes an important point of which we should not lose sight: there are types of cladding other than ACM cladding. He will know that the Department issued advice to building owners in December 2017 on how to investigate non-ACM cladding systems on their buildings and remediate them. At the Secretary of State’s request, the expert panel reviewed and updated that guidance in December last year, and it reiterates that the clearest way to ensure safety is to remove any unsafe materials. We have commissioned the Building Research Establishment to conduct a programme of testing on non-ACM materials, and we expect that testing to start shortly.”
“Whatever the status of the work that has been done by the Department and of the letters from the Secretary of State, it is bearing some fruit. A large number of companies have taken their responsibilities seriously and are now funding remediation, some of which is quite elderly, and they are doing it for all the right reasons. We are working on the group who have yet to acknowledge their responsibilities and are hopeful of more success on that. As far as legislation is concerned, the hon. Lady will know that just before Christmas we published the Hackitt implementation plan for consultation, along with several other calls for evidence and consultations. Once they are all in and completed, we will produce the legislative programme.”
“My hon. Friend is quite right to raise the interests of his constituents. I am not aware of the particular situation, but I am more than happy to investigate and write to him, as he requests.”
“In considering what we should do about non-ACM cladding, we have been guided by the expert panel, which includes Dame Judith Hackitt, on how we should proceed, and we are proceeding on the panel’s best advice. As I said, we expect testing on non-ACM cladding to begin shortly, and the conclusions of that work will obviously colour what action is taken next.”
“With his usual acuity, my hon. Friend puts his finger on an important point. As part of her review, Dame Judith Hackitt considered whether there is an inherent conflict of interest for those who are implementing buildings and paying for building regulation and therefore being inspected. That is one of the issues that we will explore with the industry. It is about how we can ensure professional standards and professional independence in safety-critical situations.”
“It is typical of my hon. Friend to fight for improvements for his constituents. I agree that for buildings built in the 1960s and ’70s—I do not know what period the buildings he refers to are—refurbishment often presents more challenges than demolishing and replacing them. In doing so, the consideration of a different formulation—including streets, squares, low rise and high density—may well be preferable to high rise.”
“These are obviously devolved matters, but the hon. Gentleman should be reassured that, certainly in respect of my responsibilities in this country, we will leave no stone unturned and turn away advice from no one if they are getting it right. As I have said, we are currently going through a series of consultations to get this right. If the Scottish or, indeed, Welsh experience can inform our consultation on approved document B —the building regulations—I would be more than happy to consider it.”
“The hon. Lady is quite right to point out that I have spent a significant period in the frontline of public safety policy delivery. I like to think that my record in doing so, particularly on crime, speaks for itself. She will know that during my time at City hall as deputy Mayor for policing, we drove crimes, including teenage murder, down to 20-year lows. We did that by application, dedication and commitment, and I am giving exactly the same to this subject.”
“We have already made a very significant contribution towards supporting remediation in the social sector, and we have already allocated £248 million to remediate 135 buildings out of a fund of £400 million. We are still receiving bids from local authorities, and if Birmingham City Council can make the case, then, of course, we will support it.”
“I recognise the hon. Lady’s concern, but I am sure that she will agree that it is not for the Government to promote any particular product. The Government’s job is to set the framework in which those who are fundamentally responsible for building safety—that is those who build them and those who own them—are able to make the proper assessment of the safety of the products that they are using. It is quite obvious to everybody that the Grenfell Tower tragedy lifted a big flat rock on the building regulation system and showed that it has not functioned for some time across a number of Governments. We are trying to rectify that and to provide a framework in which developers, building owners and, critically, residents can be sure that the materials used to construct their homes are safe.”
“The hon. Gentleman is quite right that the New Providence Wharf situation is one of those that is currently unresolved. We are engaged with Ballymore, which is the owner at the moment, and it is making the case that leaseholders should carry the cost. We have made it clear to it that that is not the case, and we will keep up the pressure and hope for a resolution soon.”
“If that fails then, by all means, write to me.”
“I am, of course, concerned to hear that, and the hon. Lady will know that we introduced a complete ban on combustible materials on buildings over 18 metres just before Christmas. That ban is not retrospective. However, all building owners have a duty to ensure that their buildings are safe, and if they believe, after assessing their buildings, that they are not safe, they also have a duty to remediate. It is almost impossible for us, I guess, to tour the country and review every single circumstance, which is why we are stressing that the primary responsibility for this lies with the building owner. If she knows of buildings that she believes are not safe, and the building owner is not taking the action that is required, she should, in the first instance, speak to her local authority colleagues who have the power to intervene.”
“I urge both him and his constituents to contribute to the consultation on approved document B to make sure that we are getting the standards to which products must adhere right so that people within the industry can make a selection among products that they know have been tested correctly and are at the right standard to show that they are not combustible and can be used safely on high-rise buildings. That is exactly what we are trying to establish at the moment through the review and I urge him and all colleagues who have questioned me today to participate in that consultation.”
“Perhaps I was not as clear as I should have been. The hon. Gentleman is quite right. We have banned combustible cladding, which includes insulation, from all high-rise buildings. Anything that forms the skin of the wall and is combustible is now banned for new buildings. The point that I was making to the hon. Member for Bridgend (Mrs Moon) is that it is not for us to legislate that a particular company’s product should be used. What we are in the process of doing is a review of approved document B.”
“As set out in the Government’s clean growth strategy, we plan to consult in the spring of next year on an uplift to the energy efficiency requirements for new homes and other buildings where there are safe, practical, cost-effective and affordable opportunities to do so.”
“My hon. Friend is a persistent and effective advocate for renewable energy and for energy self-sufficiency. He is quite right that technology is currently emerging that may well enable domestic self-sufficiency in the future. I would be more than happy to explore the possibilities with him in the spring.”
“The hon. Gentleman is doing a disservice to local authorities, which have grasped the raised energy standards for new homes over the past few years, increasing them by 30% and saving all our electors, on average, £200 on their energy bills.”
“The latest figures show that over 222,000 new homes were delivered in England last year—clear progress towards our ambition of delivering 300,000 a year by the mid-2020s. This brings the total number delivered since 2010 to more than 1.3 million.”
“As my hon. Friend will know, my writ does not run north of the border. However, I note that in the autumn Budget of 2017, the Scottish Government received Barnett consequentials of almost £1 billion as a result of increased allocations to MHCLG for Help to Buy. I urge him and his colleagues north of the border to keep campaigning—to keep the pressure up—because Help to Buy is enormously popular and is helping many tens of thousands of first-time buyers, in particular, on to the housing ladder. At the very least, they should join him in campaigning for a Conservative victory in the Scottish elections in 2021 to make sure that people will get the homes they need.”
“Home ownership has been on a gradual decline for some time—the hon. Gentleman is quite right—under Governments of all types. The main reason, frankly, that it has declined very significantly is that Labour crashed the economy in 2007-08, as he well knows. The coalition Government and this Government inherited a housing crisis of enormous proportions. After the crash, net additions to the housing stock fell to a low of 134,000. We have thankfully now got it up to 222,000, with more yet to do, and made an enormous financial, technical and practical commitment to the housing market and to building the homes that the country needs, unlike Labour, which was so complacent that it ran us into a brick wall.”