Public register of fire risk assessments

Part of Fire Safety Bill – in a Public Bill Committee am 3:15 pm ar 25 Mehefin 2020.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of Kit Malthouse Kit Malthouse Minister of State (Ministry of Justice and Home Office) 3:15, 25 Mehefin 2020

My role on this Committee is obviously becoming clear: it is to manage Members’ legitimate desire for urgent action and change, and to indicate that there is a process we need to go through in order to get this matter exactly right. I find myself in that position once again.

The fire safety order establishes a self-compliance regime. There is currently no requirement for responsible persons to record their completed fire risk assessments, save for limited provisions in respect of employers. They are simply required to record the significant findings of the assessment and any group of persons identified by the assessment as being especially at risk. The creation of a fire risk assessment register will place a new level of regulation upon responsible persons that could be seen as going against the core principles of the order, notably its self-regulatory and non-prescriptive approach.

There is also a question of ownership and maintenance, and where the costs of such a register would lie. A delicate balance needs to be struck. There are certainly improvements to be made, but we also need to ensure that such improvements are proportionate.

The Government acknowledge that there is work to be done to ensure that residents have access to the vital fire safety information they need in order to be safe and feel safe in their homes. People need to be assured that a suitable and sufficient fire risk assessment has been completed, and that all appropriate general precautions have been taken or will be taken.

I also say to potential buyers of leasehold flats that any good conveyancing solicitor would ask for sight of the fire risk assessment from the responsible person—the freeholder—as part of their pre-contract inquiries. If the assessment was not forthcoming, one would expect that the solicitor would advise their clients accordingly and that all due inferences would be made. I can assure the Committee that the fire safety consultation will bring forward proposals for the recording of the fire risk assessment and the provision of vital fire safety information to residents.

New clause 2 would create a public register of fire risk assessors and require the fire risk assessors to be accredited. I agree that there is a clear need for reform concerning fire risk assessors, to improve capacity and standards. I understand the probing nature of the new clause, so it may be helpful to outline work that is ongoing in the area of fire risk assessor capacity and capability.

Some hon. Members will be aware of the industry-led competency steering group and its working group on fire risk assessors. The group will soon publish a report, including proposals for creating a register, third-party accreditation and a competency framework for fire risk assessors. The Government will consider the report’s recommendations in detail.

We are working with the NFCC and the fire risk assessor sector to take forward plans for addressing the short-term and long-term capability and capacity issues within the sector. I share hon. Members’ alarm at the existence of unqualified fire risk assessors; one wonders how many decades this situation has been allowed to persist unnoticed by anybody in this House or by any Government of any hue. The fire safety consultation, which will be issued shortly—I have already committed to that—will bring forward proposals on competence issues.

To summarise, the right approach is for the Government first to consider the proposals of the competency steering group and its sub-groups in relation to a register of fire risk assessors and accreditation. The Government’s position is that that work should continue to be led and progressed by the industry. I am happy to state on the record that we will work with the industry to develop it. Any future statutory requirements on fire risk assessors might be achieved through secondary legislation, which will offer us greater flexibility to add to it or amend it in the future. For those reasons, I intend to resist these new clauses.