Committee
Local Government and Communities Committee 16 December 2020
16 Dec 2020 · S5 · Local Government and Communities Committee
Item of business
Subordinate Legislation
Housing (Scotland) Act 2006 (Modification of the Repairing Standard) Amendment Regulations 2020 [Draft]
I am grateful for the opportunity to speak to the two motions seeking approval for the instruments. With the committee’s permission, I intend to speak to both instruments together. If approved, they will postpone to February 2022 the requirement for all homes to meet new standards for smoke and heat alarms and carbon monoxide detectors. Before I start, I would like first of all to record my apology for what happened, and for any distress or anxiety that folk have experienced either as a result of the messaging that went out from private companies, or from the failure of the Scottish Government to effectively communicate our own messages as we had originally intended this year. The misuse of our logo absolutely should never have happened, and in an ideal world, without the pandemic, we should have done more ourselves to get clear messages out there. There are lessons to be learned; I assure the committee that we have learned them and that we will stop that situation, or anything like it from happening again. As it currently stands, the changes relate to the requirement for all homes to have interlinked fire and carbon monoxide detectors situated in specific areas within the home, and are due to come into force on 1 February 2021. However, it is clear that the Covid pandemic has created difficulties for people seeking to install new fire and carbon monoxide alarms and has cut across our original plans for publicising the changes. We have listened to the concerns, and we agree that there is a strong case for a one-year delay to the implementation of the legislation, to allow people more time to carry out that important safety work. However, improving fire safety remains a key priority for the Scottish Government. The instruments do not change the substance of the new standard, as it was considered by the committee at the previous meeting on 19 December 2018. The basic principle that the standard will help to reduce the risk of death and injury has not changed. Although we plan to delay implementation of the legislation, to allow more time for people to fit alarms and to resume our plans to raise public awareness as we move through the pandemic, I urge home owners to install alarms to the new standard at the earliest opportunity to ensure, not only compliance with the regulations but that people’s homes are as safe as possible. I request that?the committee considers two related instruments, because, during the course of preparing the amendment for the date for the tolerable standard, which affects all housing, it came to light that we would also require to change the date on which the existing standard ceases to be part of the repairing standard for private landlords. That required an additional instrument, because the power in section 86(2) of the Housing (Scotland) Act 1987 is to amend the tolerable standard by order, but the power in section 20A(1) of the Housing (Scotland) Act 2006 is to vary the repairing standard by regulations. To ensure that the duty on private landlords to provide smoke and fire alarms as well as carbon monoxide alarms is not removed and aligns with the tolerable standard, the second instrument for the repairing standard is also required. In our combined efforts to minimise the various harms of this awful pandemic, we have had to be flexible. I hope that the committee will agree that it is right that we show that flexibility now and allow further time to raise awareness and to give people the additional time and opportunity to fit the necessary alarms. If the delay is approved, we will resume and build on our work with partners to raise awareness of the changes before the new deadline. We will also work with suppliers and retailers to maximise effective support and advice to homeowners. As we know, the standard is already clear for the private rented sector, and, given the strides forward that have already been made by landlords in the social rented sector, our focus will be on supporting householders to ensure that satisfactory fire and carbon monoxide alarms are installed, so that we can improve the safety of their homes. Although the delay will give people a further 12 months to install the alarms, I hope that most people will recognise the safety benefits of the standard and act much sooner. I have instructed my officials to explore all avenues to ensure that that is as easy as possible for people to do. As we know, Scotland has rigorous standards for smoke and fire alarms. We know that the presence of working fire and smoke alarms significantly reduces casualties and fatalities within the home. One death from fire is one death too many, and we want to do all that we can to ensure that people are supported. Therefore, I ask the committee to support the motions, in order to balance a proportionate response to the impacts of the pandemic with our ambition to improve fire safety in all Scottish homes. I am happy to take questions from members.
In the same item of business
The Convener
SNP
Agenda item 2 is an evidence session on two instruments: the draft Housing (Scotland) Act 1987 (Tolerable Standard) (Extension of Criteria) Amendment Order 2...
The Minister for Local Government, Housing and Planning (Kevin Stewart)
SNP
I am grateful for the opportunity to speak to the two motions seeking approval for the instruments. With the committee’s permission, I intend to speak to bot...
The Convener
SNP
We move to questions from members. If Graham Simpson has any questions, I will invite him to ask those after committee members have had the opportunity to as...
Andy Wightman (Lothian) (Green)
Green
Given that the committee approved the instrument in December 2018 and Parliament passed it in 2019, can you explain what efforts were made to raise awareness...
Kevin Stewart
SNP
The legislation was highlighted in the media as it passed through Parliament. As with all publicity campaigns, timing is a key factor. If you promote things ...
Andy Wightman
Green
Are the public confused between the understandable need for homes to have adequate fire protection equipment, which most people regard as an obvious requirem...
Kevin Stewart
SNP
The minimum standard for fire alarms under the tolerable standard defines what is expected for all homes. The measure is proportionate. We use many vehicles ...
Andy Wightman
Green
The Housing (Scotland) Act 1987 (Tolerable Standard) (Extension of Criteria) Order 2019 says only that “satisfactory equipment” must be in place and does not...
Kevin Stewart
SNP
Something is better than nothing, but the committee agreed at the tail end of 2018 that we had to make—Inaudible.—to set the most rigorous standards that we ...
Sarah Boyack (Lothian) (Lab)
Lab
Good morning, minister. Will you say a bit more about what happened in 2019, after those SSIs were passed? How many installations were carried out in 2019, a...
Kevin Stewart
SNP
I do not have those figures in front of me. If we can ascertain them, I will be more than happy to write to the committee. All homes in the private rented s...
Sarah Boyack
Lab
I am very much aware of that work. As you have said, it is really important, because of the Grenfell fire legacy. How many Scottish homes in the private owne...
Kevin Stewart
SNP
I expect local authorities to use their discretionary powers in many areas of business—and they do that, as Sarah Boyack knows. We are in continuous discussi...
Catriona MacKean (Scottish Government)
We have focused our discussions on the fire service as a trusted source of information, advice and direct support to households, particularly those at the hi...
Sarah Boyack
Lab
That is helpful. I am keen to find out what happened after Parliament passed the legislation. Local authorities are important, not only in relation to monito...
Kevin Stewart
SNP
I did not catch the start of Ms Boyack’s question—I do not know whether it was the same for everyone—so I would be grateful if she could repeat the first par...
Sarah Boyack
Lab
Given the letter that you sent us on 11 December, how many homes do you think will have had alarms installed before February 2022? We are about to move into ...
Kevin Stewart
SNP
I urge everyone who can do it to do it as soon as possible, so that they can make their homes as safe as possible. We will keep a close eye on how the whole...
The Convener
SNP
I think that what Sarah Boyack was asking was, given the pandemic and the fact that we were struggling last year, how we can be assured that we will not hit ...
Kevin Stewart
SNP
I do not think that we were struggling last year. As I said earlier, when it comes to marketing such programmes and moving things forward, timing is everythi...
Alexander Stewart (Mid Scotland and Fife) (Con)
Con
I welcome the minister’s acknowledgment that the Scottish Government dropped the baton on the issue. In the past, whenever the committee made representations...
Kevin Stewart
SNP
There was a bit of break-up again, but I think that I got the gist of Alexander Stewart’s question. If I miss anything out, I am sure that he will come back ...
Alexander Stewart
Con
We have a number of vulnerable individuals who are elderly and who require to have such devices installed. Is there a mechanism in place to protect them from...
Kevin Stewart
SNP
As Alexander Stewart knows, because we have had discussions about the issue previously, I want to do everything possible to ensure that scammers do not put t...
The Convener
SNP
Keith Brown is next.
Keith Brown (Clackmannanshire and Dunblane) (SNP)
SNP
Thank you, convener. I understand perfectly that Covid and the pandemic have had an impact on all sorts of Government business and not just the obvious stuff...
Kevin Stewart
SNP
Not necessarily. We are still discussing how to deal with the marketing campaign. As I said, I am not a marketing professional or expert in any way, and we w...
Keith Brown
SNP
That is a useful suggestion because, as MSPs, we all have the ability to put such information in annual reports to get it out there. However, given what you...
Kevin Stewart
SNP
As I said earlier, on the Scottish Government website, we have all the detail of what folk should be looking for in order that they do not get, as Mr Brown p...
Keith Brown
SNP
Thank you.