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National Assembly for Wales (Legislative Competence) (Housing) (Fire Safety) Order 2010

I thank the Minister for outlining the purpose of this order and I can assure him that around 30 seconds ago I received a copy of the letter from Ann Jones, which I have had time to skip through and understand. As the Explanatory Memorandum makes clear, the purpose of the order is to give the Welsh Assembly legislative competence to pass a measure relating to the provision of automatic fire-suppression systems in new residential premises. In most cases, this would amount to the provision of water sprinklers, but these could be replaced by other systems as technology evolves. This is the second so-called Back-Bench legislative competence order to fall to be considered by the Committee, and the proposal is remarkable for the length of time it has taken to arrive at this point. The Assembly Member in question, Ann Jones, won the ballot of Assembly Members as long ago as June 2007. It is extraordinary, therefore, that such a long time should have elapsed before the LCO was made. It perhaps begs the question of whether the LCO procedure is entirely appropriate in the case of Back-Bench proposals, which usually have a single and often narrow measure in mind. The Minister may wish to contemplate whether a more streamlined procedure could be adopted for such proposals, and I suspect that all in your Lordships’ House would agree with that. Dealing with things that are four or five years old in this way is ridiculous. I have some observations which I should be grateful if the Minister would consider. First, what soundings have been taken in the Welsh construction industry, which is presently suffering as a result of the economic downturn? The same can be said of the rest of our construction industry. The Explanatory Memorandum indicates at paragraph 7.22 that the cost of installing such systems is estimated to be around 1 to 2 per cent of the total cost of construction. Those who are swift mathematicians will realise that that could be a significant sum. It will be difficult in the current climate for builders to add such costs to the selling price, and therefore they will probably be obliged to absorb the additional costs themselves, or perhaps offer these systems as an extra to the potential purchaser. What is the attitude of builders to this proposal? What have the Minister and his party discovered in their consultation? As the Explanatory Memorandum makes clear, the current legislative framework for fire safety in new residential premises is provided by the building regulations. If I remember rightly, building regulations have just been devolved to the Welsh Assembly and, at the time, I wondered whether it had the competence and the resources to manage that load. Having been in the construction industry for 30 years, I know a little about building regulations. Last November, an order was made transferring functions relating to building regulations to the Welsh Ministers. That is due to be effected next year. Given that such functions have been transferred to the Welsh Ministers, is it possible that the provisions of the proposed order have been overtaken by events and are now unnecessary? Subject to the above, I have no further observations to make. I do not speak against the order, but it will have a significant impact on the construction and housebuilding industry in Wales—something, as I said, that I have been part of for most of my life, although not in Wales. The cost of putting sprinkler systems and automatic fire prevention into low-cost and medium-cost housing is bound to knock the profitability of the industry. The housebuilding industry, and the building industry generally, is a vital part of the Welsh economy, both from the point of view of money flow and of employment. I am not very happy about this LCO, but I support it.