Opening statements from RBKC and TMO. RBKC counsel says council was 'not the employer' on the refurbishment contract - that was TMO. Council monitored TMO performance. Admits building control issued completion certificate for cladding that 'did not satisfy' Building Regulations Part B4. TMO extends condolences and commits to thorough investigation.
00:00:15 yes mr. Maxwell Scott your turn
00:00:20 good afternoon mr. chairman I together with Katy sage represent the Royal Borough of Kensington and Chelsea instructed by DWF solicitors the
00:00:33 instructed by DWF solicitors the Grenville tower fire was a terrible and tragic disaster which must never happen again
00:00:43 again the fire was a human tragedy but it was also a man-made tragedy what I mean by this is that it started accidentally in a kitchen in a flat and
00:00:56 accidentally in a kitchen in a flat and spread with devastating speed and intensity for a building designed constructed and refurbished by men and women the ultimate
00:01:09 by men and women the ultimate achievement of this inquiry will hopefully be to ensure that when people design construct and refurbished buildings in the future a disaster like
00:01:20 buildings in the future a disaster like this never happens again the council is totally committed to that aim in December 2017 the full council
00:01:32 December 2017 the full council unanimously adopted a resolution affirming the council's commitment to the Hillsborough Charter and the council's determination to live by the letter and spirit for the charters
00:01:44 letter and spirit for the charters commitments in line with the report's recommendations the council reaffirmed its commitment to be open transparent and fully cooperative with the public
00:01:57 and fully cooperative with the public inquiry into the Grenville tower fire and to assist the search for the truth that remains the council's approach to this inquiry we welcome the inquiry we
00:02:11 this inquiry we welcome the inquiry we welcome the Prime Minister's decision to appoint two additional panel members to support your chairmanship we will do all that we can to assist you and your team
00:02:23 that we can to assist you and your team in your important work as an example of this I can tell you that on Monday we wrote to your team in order to help them to identify
00:02:35 in order to help them to identify specific documents of potential importance to your experts from within a large number of documents previously disclosed by the council I will say more about this later in this opening
00:02:46 about this later in this opening statement I members of a councils legal team and the council's leader and deputy leader attended the commemoration
00:02:57 leader attended the commemoration hearings the intensity of emotion that we experienced will ensure that we do not forget the human face of a disaster and importance of searching for the
00:03:10 and importance of searching for the truth and providing justice for the bereaved survivors and residents that emotion and passion must energize and sustain this inquiries desire to search
00:03:22 sustain this inquiries desire to search for the truth the search itself must be dispassionate we welcome the fact that the inquiry will provide an opportunity for careful and objective analysis of
00:03:34 for careful and objective analysis of the evidence in a search for the truth we welcome inquiries wide terms of reference in particular the inclusion of the following the scope and adequacy of
00:03:45 the following the scope and adequacy of building regulations fire regulations and other legislation guidance and industry practice relating with designed construction equipping and management of high-rise residential buildings these
00:03:59 high-rise residential buildings these why terms of reference will allow lessons to be learned at a national level as well as at a local level we note the comments in the final report of
00:04:10 note the comments in the final report of a hackett review about the current regulatory system for ensuring fire safety and high-rise and complex buildings not being fit for purpose we agree with Dame Judith that there is a
00:04:23 agree with Dame Judith that there is a need for a radical rethink of a whole system and how it works the hackett review highlights four likelihood that lessons need to be learned on a national level as well as
00:04:34 learned on a national level as well as on a local level the reception of the final report and development since it was published suggest that this is a widely shared you the council is determined to learn
00:04:47 you the council is determined to learn the lessons that it can apply at a local level the Royal Borough of Kensington and Chelsea is a comparatively small local authority it covers an area of
00:04:58 local authority it covers an area of approximately 12 square kilometers it has approximately 150,000 residents it employs approximately 1,700 full-time
00:05:09 employs approximately 1,700 full-time employees it is one of 32 London boroughs one of 125 unitary councils one
00:05:20 boroughs one of 125 unitary councils one of 418 principal councils in the United Kingdom the council welcomes the fact that inquiries why terms of reference will allow lessons to be learned by
00:05:32 will allow lessons to be learned by other local authorities by central government and by those in the construction industry hopefully as soon as possible mr. Chairman I imagine that
00:05:47 as possible mr. Chairman I imagine that it is no coincidence that you have called on the council to be the first core participant to speak after those representing a bereaved survivors and residents there can be no doubt from the
00:06:01 residents there can be no doubt from the coverage in both the mainstream media and social media that the council is seen as the public face of those assumed to be responsible for the Grenville tower disaster that the council should
00:06:16 tower disaster that the council should be seen as the public face of the disaster is entirely understandable the residents were tenants and lease holders of the council the council is and always
00:06:28 of the council the council is and always has been the owner of Grenville tower the residents lived in the borough they voted in local elections for councillors to represent them in the council so the
00:06:41 to represent them in the council so the council recognizes but it is seen as the public face of a disaster and understands why this is so the council is very sorry but its residents
00:06:54 is very sorry but its residents suffered the terrible tragedy of the Grateful tower thigh it agrees with your statement on the first day of commemoration hearings but it is so important that the truth be laid bare
00:07:07 important that the truth be laid bare the council knows that what its councillors and officials did knew did not do and did not know will be exposed
00:07:19 not do and did not know will be exposed to intense scrutiny in an inquisitorial process which has as its goal justice for a living and a lasting tribute to the dead this is how it will be and this
00:07:32 the dead this is how it will be and this is how it should be on the first day of a commemoration hearings mr. millet observed but the truth is not usually one big thing but comprises many tiny
00:07:45 one big thing but comprises many tiny fragments based on my own experiences as counsel to the inquest following the Lacan Hill house fire I would agree mr. chairman or where
00:07:57 I would agree mr. chairman or where you've only recently started hearing evidence your investigation has been running full-time for over nine months you will therefore already appreciate that whilst the council funded the
00:08:09 that whilst the council funded the refurbishment of a tower which was completed shortly before to fire a huge number of organizations with different specialisms were involved in a variety of ways in that project this is a theme
00:08:22 of ways in that project this is a theme that I will return to if a narrative locally nationally and indeed internationally has tended to focus on the fact that the Grenville tower fire
00:08:35 the fact that the Grenville tower fire occurred in a borough which has been held by the same political party for many years a borough with many wealthy residents and some of the highest property prices in the world the
00:08:47 property prices in the world the unspoken and at times spoken assumption has been at these facts are somehow relevant to the cause of the fire in other words that the fire could not have
00:08:58 other words that the fire could not have happened in a different borough one of the purpose is of an article to compliance investigation is to confirm or disprove
00:09:09 investigation is to confirm or disprove rumor and speculation this very point was made by Lord Bingham in a case of Amin in 2003 where the context was
00:09:20 Amin in 2003 where the context was different
00:09:21 different Lord Bingham's observation that one clear purpose of an article 2 investigation is to ensure that unjustified suspicion of wrongdoing is a laid holds true so mr. chairman as the
00:09:36 laid holds true so mr. chairman as the evidence unfolds over the coming months I invite you to ask yourself this question was there something unique about the Royal Borough of Kensington and Chelsea which meant that this
00:09:49 and Chelsea which meant that this terrible fire could only have happened there or is this something that could have happened in any other borough which contains high-rise buildings with external cladding without seeking to
00:10:03 external cladding without seeking to prejudge the evidence I venture to suggest that you will find that there was nothing unique about the Royal Borough of Kensington and Chelsea which meant that the fire was destined to take
00:10:14 meant that the fire was destined to take place within its boundaries rather than somewhere else I'm now going to return to a theme I mentioned earlier that a huge number of organizations with
00:10:25 huge number of organizations with different specialisms were involved in a variety of ways in the refurbishment project the refurbishment of Grenville Tower which was completed shortly before
00:10:36 Tower which was completed shortly before the fire is at the centre of this inquiry in other words a great deal of this inquiries work will involve analyzing the dry technical detail of a
00:10:48 analyzing the dry technical detail of a construction project there may have been a time many decades ago when a building such as Grenville tower could be designed constructed and refurbished
00:10:59 designed constructed and refurbished entirely by employees or the local authority if that was ever the case those days have long gone whatever
00:11:10 those days have long gone whatever recommendations are made in the inquiries report it seems inconceivable that one of them would be to reverse the tide of the modern world to the extent that all the complex
00:11:21 to the extent that all the complex skills required to design construct and refurbish a building such as Grenville tower should be brought in house by local authorities even if that were
00:11:32 local authorities even if that were considered desirable and I suggest that it is not it would be impossible to turn the clock back in that way in this country construction projects are
00:11:45 country construction projects are generally subject to the construction design and management regulations the Grenville tower refurbishment project was no exception the construction design
00:11:57 was no exception the construction design and management regulations as the name suggests regulate the many different organizations typically involved in a construction project where did the
00:12:08 construction project where did the council fit into that framework the answer is er for the purposes of the regulations the council was not a relevant organization it did not enter
00:12:19 relevant organization it did not enter into the contract with Rhydon the principal contractor it was for tenant management organization for TMO whose role I will return to later but entered
00:12:31 role I will return to later but entered into that contract and became the employer in the language of the contract while the council was the owner it was the TMO who were a client that a purposes of the regulations the council
00:12:46 purposes of the regulations the council did not enter into contracts with the other organizations involved in a refurbishment project many of whom are core participants in this inquiry those
00:12:57 core participants in this inquiry those commercial organizations were either contractors or subcontractors of a TMO or contractors or subcontractors of Ryden none of this is intended to
00:13:11 Ryden none of this is intended to suggest that a council played no role at all far from it as you are aware my written opening statement outlines 10 principle ways in which for council was
00:13:24 principle ways in which for council was involved with Grenville tower and its residents both before and after to fire before outlining some of the roles that the council did play sir may
00:13:35 roles that the council did play sir may I encourage you to think of a council in terms of its specific relevant functions because that is likely to be both more accurate and more helpful than thinking
00:13:47 accurate and more helpful than thinking of it as a single person like a private individual the council played a leading role in the decision to refurbish Grenville tower it had received a sum of
00:13:59 Grenville tower it had received a sum of money but for reasons which I do not need to go into the way in which that money could be used was ring-fenced the council together with the tier MOU took the view that the refurbishment of
00:14:12 the view that the refurbishment of Grenville Tower was a suitable project into which to invest that money it is for all too obvious reasons easy to
00:14:23 for all too obvious reasons easy to forget that the whole point of the refurbishment project was to benefit the residents of Granville Tower and the local community by amongst other things
00:14:34 local community by amongst other things upgrading the communal heating system which served approximately 650 properties including all the flats in the tower installing new windows in the tower and improving external thermal
00:14:46 tower and improving external thermal efficiency and weather tightness in a tower the council provided the funding for the refurbishment project under the council's constitution at the time the
00:14:59 council's constitution at the time the council's most important decision-making body was its cabinet as explained in my written opening statement the refurbishment project was considered by Cabinet on three occasions on the 2nd of
00:15:14 Cabinet on three occasions on the 2nd of May 2012 when the project was given the green light with an estimated budget of 6 million pounds on the 18th of July 2013 when the budget was increased to 9
00:15:26 2013 when the budget was increased to 9 point 7 million pounds and on the 19th of June 2014 when the budget was further increased
00:15:35 increased to ten point three million pounds those are not the decisions of a council determined to build on the cheap the
00:15:46 determined to build on the cheap the money was used by the TMO who wondered a management agreement between it and the council had full delegated responsibility for all major works of course the council did not simply wash
00:15:57 course the council did not simply wash its hands at the project after deciding but it should go ahead the council kept an eye on what the TMO was doing the ins and outs of how it did this will quite
00:16:09 and outs of how it did this will quite properly be the subject of detailed evidence and intense scrutiny in Phase two but for present purposes the best single word to describe what the council
00:16:21 single word to describe what the council did is monitor the council monitored the tier Mo's performance of its obligations under the management agreement both
00:16:32 under the management agreement both councillors and officials played a role in a monitoring of the tier Mo's performance but it was not deemed necessary to refer to project back to cabinet other than on the two occasions
00:16:45 cabinet other than on the two occasions already mentioned when on each occasion cabinet voted to increase the budget given the huge political and media
00:16:56 given the huge political and media interest in the refurbishment project since the fire it may seem remarkable that it did not attract more cabinet interest at the time but may I suggest
00:17:08 interest at the time but may I suggest that there are good reasons why this is so the project was not a politically controversial or politically high-profile issue it did not involve
00:17:20 high-profile issue it did not involve cutting services or closing a much-loved community asset at its core it involved a proposal to spend over 10 million
00:17:32 a proposal to spend over 10 million pounds improving accommodation of social housing tenants as such he had if anything to potential to unite those of
00:17:43 anything to potential to unite those of different political persuasions rather than divide them before I leave the refurbishment project I should mention two specific functions
00:17:54 I should mention two specific functions of the Council for have an involvement with it they are first planning and secondly Building Control it is important to distinguish between them because they are separate functions
00:18:07 because they are separate functions planning is concerned with a range of considerations including visual appearance in other words how a building looks planning is not concerned with
00:18:18 looks planning is not concerned with fire precautions or other matters controlled under Building Regulations Building Control is concerned with such matters planning is a statutory function
00:18:30 matters planning is a statutory function of local authorities that applies irrespective of the identity of the owner of the building or the applicant for planning permission in the case of
00:18:41 for planning permission in the case of this project an organization called ibi taylor young limited applied on behalf of a TMO for planning permission in the same way that a third party organization
00:18:52 same way that a third party organization such as a commercial property developer would at an official of a council acting under delegated powers granted planning permission in 2014 people from the
00:19:06 permission in 2014 people from the council were involved in the final choice of a color of a cladding and the final choice between a cassette fixing system and a riveted fixing system for
00:19:18 system and a riveted fixing system for the cladding this involvement came after the decision had been taken in 2012 to proceed with the refurbishment the opinions expressed in 2014
00:19:31 opinions expressed in 2014 related to how the exterior of the completed building would look as I have already explained this is a planning issue and there is therefore nothing
00:19:43 issue and there is therefore nothing particularly surprising about people from the council getting involved in this way Building Control is another statutory function of local authorities
00:19:54 statutory function of local authorities that applies irrespective of the identity of the owner of the building or the applicant building control approval sir it is as you will have been learning to
00:20:06 you will have been learning to investigation if you did not know it already a highly technical function which is not political in nature in a case of this project Studio II
00:20:18 case of this project Studio II architects Limited made a full plans application in the same way that a third-party organization such as a commercial property developer would and an official of the council acting under
00:20:32 an official of the council acting under delegated powers issued a completion certificate under the building regulations all of this is normal and involve a discharge of a specific statutory function the council
00:20:46 statutory function the council recognizes that the fact that such a certificate was issued will be the subject of detailed evidence and intense scrutiny in Phase two because based on
00:20:59 scrutiny in Phase two because based on what is now known about the fire it is clear that a cladding system as installed in a refurbishment did not satisfy the functional requirement of
00:21:10 satisfy the functional requirement of schedule 1 part B 4 of the building regulations as stated in my written opening based on what is now known about the fire it is likely that a number of
00:21:22 the fire it is likely that a number of specific failures to comply with the provisions of approved document b will also be identified by the inquiry this raises a number of important
00:21:34 this raises a number of important questions these include what consideration was given to the fire safety of a cladding system what consideration was given to the smoke
00:21:45 consideration was given to the smoke ventilation system what steps were taken by Building Control before the completion certificate was issued the officials who worked in Building Control
00:21:57 officials who worked in Building Control at the time will be called to give evidence of inquiry in phase 2 that will be the proper time for those questions to be asked and for those officials to
00:22:09 to be asked and for those officials to give their answers and to explain their thought processes however in recognition of the importance of ease issues and in the interests of transparency the Council on Monday sir
00:22:23 transparency the Council on Monday sir sent your team a detailed chronology in relation to Building Control issues which is cross-referenced to specific documents previously disclosed by the council
00:22:35 council we welcome the inquiries recent instruction the barrel Menzies to provide expert evidence on building control issues we hope and believe that the chronology and references which we
00:22:48 the chronology and references which we have supplied will assist her to analyze the ways in which officials within Building Control considered fire safety issues they should also assist your
00:23:00 issues they should also assist your other experts to address a number of the questions which they have identified as outstanding in their reports before
00:23:11 outstanding in their reports before leaving Building Control I would add the following important point the officials who work in Building Control and who grant Building Control approval or not
00:23:23 grant Building Control approval or not and do not become designers of the projects they approve under a design and build contract and the refurbishment of
00:23:34 build contract and the refurbishment of Grenville tower was a design and build contract the contractors agreed to design and are paid to do so it is well understood in the construction industry
00:23:47 understood in the construction industry that the fact that local authorities have a building control function does not remove the duties on those paid to design buildings mr. chairman I hope I
00:23:59 design buildings mr. chairman I hope I have succeeded in outlining the various different ways in which different parts of the Council with different statutory functions to discharge were involved in
00:24:10 functions to discharge were involved in a refurbishment project I hope that I've also dispelled some misunderstandings about the council's role by saying something about involvement of the many
00:24:22 something about involvement of the many commercial organizations involved in a project
00:24:26 project whose involvement was understandably more hidden from view I have already mentioned that the council monitored the tier Mo's performance of its obligations
00:24:37 tier Mo's performance of its obligations under the management agreement which included delegated responsibilities for day-to-day management issues as well as the major works I now turn to say
00:24:48 the major works I now turn to say something about that organization which was involved not only in the refurbishment project but also in the day-to-day management of Granville Tower so you will of course be aware of this
00:25:00 so you will of course be aware of this but some of those following the inquiry may not be so it is worth repeating the TMO was at all relevant times a separate
00:25:11 TMO was at all relevant times a separate legal entity to the council although they work closely together this separation was not some legal device intended to shield the council from its responsibilities at a time it was
00:25:25 responsibilities at a time it was established the creation of a tenant management organisation and the delegation of functions to it was considered to be a positive and progressive move it was set up to be
00:25:38 progressive move it was set up to be independent of a council and it was independent of a council its Constitution expressly stated that the majority of its board members must be
00:25:49 majority of its board members must be tenants and lease holders and that council appointed board members must be in the minority from 1991 onwards successive governments promoted the
00:26:01 successive governments promoted the transfer of functions to tenant management organizations as a key means of improving tenant participation in a management of their homes in 2014 the
00:26:15 management of their homes in 2014 the TMO reported but in a poll of its residents in September 2013 86% of those who voted said they wanted to Kensington and Chelsea TMO to continue managing
00:26:28 and Chelsea TMO to continue managing their homes
00:26:31 mr. chairman that brings me to the end of his opening statement nothing that I've said in it is intended in any way to detract from the fact that the Grenville tower fire was a terrible
00:26:43 Grenville tower fire was a terrible disaster which tragically resulted in great human suffering and loss we offer our profound sympathies to each and every bereaved person survivor and
00:26:54 every bereaved person survivor and resident sorry hope it is opening has helped you and others to understand some of the ways in which the council was involved in a management of Grenville
00:27:05 involved in a management of Grenville Tower and of the refurbishment project and of how its involvement fits in with the involvement of others as I said earlier the council welcomes this
00:27:17 earlier the council welcomes this inquiry and will do all that it can to assist you and your team and your important work we hope that this inquiry can provide justice for a living a
00:27:28 can provide justice for a living a lasting tribute to the dead and ensure that a disaster like this never happens again
00:27:36 thank you very much now next I invite mr. agarose to make a statement on
00:27:47 mr. agarose to make a statement on behalf of the PMO
00:27:57 [Applause] mr. chairman my name is Jim agarose and I appear for the Kensington and Chelsea tenant management organisation which I
00:28:08 tenant management organisation which I will refer to as the TMO I appear with Alice Jarrett and we are instructed by Richard Crockford and Danny McGee from Kennedy's law the TMO is deeply sorry
00:28:23 Kennedy's law the TMO is deeply sorry for the terrible events that occurred a ground fault hour on the 14th of June 2017 and extends its sincere condolences and sympathy to the bereaved the
00:28:36 and sympathy to the bereaved the survivors and residents TMO acknowledges that these tragic events demand a thorough investigation of how the fire
00:28:47 thorough investigation of how the fire started how it came to spread so rapidly through the tower and how so many people came to lose their lives mm-hmm there should also be a thorough
00:28:59 there should also be a thorough investigation of the underlying causes of the fire in phase 1 the eyewitness accounts of residents of Grenville Tower and the wider Lancaster West estate and
00:29:12 and the wider Lancaster West estate and the evidence of firefighters from the London Fire Brigade will be vital in piecing together and understanding what happened on that night hmm TMO
00:29:23 happened on that night hmm TMO recognises the great courage it has taken for the be srs to come forward and provide their accounts and the courage that will be required to give evidence to this inquiry and if we may say this
00:29:36 to this inquiry and if we may say this courage was on clear display during the commemoration hearings which took place in the past two weeks
00:29:45 sir TMO acknowledges the central role it played in the project to refurbish Grenville tower and its role in the management of fire safety issues there
00:29:57 management of fire safety issues there both before the refurbishment and jury it accepts its involvement will and should come under great scrutiny
00:30:09 should come under great scrutiny it has fully engaged in the inquiry process and police investigation and will continue to cooperate with the inquiry as far as possible providing all
00:30:21 inquiry as far as possible providing all relevant documents within its control and sir as an example in February when the position statements were provided it provided a detailed position statement
00:30:33 provided a detailed position statement in which it sets out what was its involvement with the refurbishment project and what it considered its role to be within that project but so if I
00:30:47 to be within that project but so if I may say however as as matters that touch more directly on tier Mo's involvement will be considered mainly at Phase two this opening statement will be relatively short by way of background I
00:31:02 relatively short by way of background I will say a little about the nature and history of tier MOU and its involvement in the management and refurbishment of Granville tower and the fire safety issues arising there TMO was
00:31:16 issues arising there TMO was incorporated on the 20th of April 1995 under the right to manage legislation it is a not-for-profit company limited by
00:31:28 is a not-for-profit company limited by guarantee which was set up by our bkc to manage and maintain its housing stock our bkc remain the landlord for all
00:31:40 our bkc remain the landlord for all social housing tenants TMO is a resident led organization with the majority of local tenants on its board it has
00:31:51 local tenants on its board it has approximately 5,600 members who are all residents of our BK sees housing stock and it has no shareholders any profits or surpluses are put back into TMO to
00:32:06 or surpluses are put back into TMO to improve its services to residents so TMO for want of a better description is essentially a managing agent that operates mainly in the public sector it
00:32:20 operates mainly in the public sector it dealt with a full range of matter that go with the management of largely social housing stock these included repairs and maintenance rent collection and communal issues such
00:32:31 rent collection and communal issues such as anti-social behavior as of 2016 has employed some 218 staff and its senior
00:32:42 employed some 218 staff and its senior management team consisted of 18 people in fact sir as you know and has been widely reported in March 2018 RBC RB
00:32:53 widely reported in March 2018 RBC RB Casey took back the function of managing its social housing stock from TMO and tear mode no longer has a role in that can I turn to its involvement in the
00:33:05 can I turn to its involvement in the project itself in 2011 TMO was informed by RB KC that funds were available for the general purposes of housing
00:33:16 the general purposes of housing regeneration including the regeneration of Granville tower the overall purpose of the Granville Tower refurbishment was to improve its functionality and emini
00:33:30 to improve its functionality and emini amenity for residents a key driver was to bring it into line with modern standards for energy efficiency both through replacing the outdated communal
00:33:41 through replacing the outdated communal heating system and insulating and cladding the concrete exterior mm-hmm thus and in a little detail the refurbishment included the replacement of the single glazed windows with double
00:33:54 of the single glazed windows with double glazed windows the fitting of new external cladding and rain screen the remodeling of the lower fourth floors to provide nine new residential homes the
00:34:06 provide nine new residential homes the relocation and improvement of the nursery and Dale Boxing Club and the replacements of the communal heating with the communal heating and hot water system with individual units which were
00:34:17 system with individual units which were controllable individually by residents
00:34:25 so while Timo is a specialist in the management of social housing stock it is not a specialist design or construction
00:34:37 not a specialist design or construction company and had no in-house expertise in these areas therefore when it commissioned the large-scale projects at
00:34:48 commissioned the large-scale projects at Graham for tower in 2012 and so it fully accepts it did commissioned the project it engaged specialist contractors to carry out the design and construction
00:35:01 carry out the design and construction and consultants to advise on both regulatory and building compliance issue including fire safety issues
00:35:12 including fire safety issues tierno's role in relation to the refurbishment project was that of client and mr. Maxwell Scott has mentioned the regulations but so this was the role he had occupied pursuant to the legislation
00:35:25 had occupied pursuant to the legislation the governs large-scale construction project such as this one and these are the construction design and management regulations 2007 which are known as CDM
00:35:37 regulations 2007 which are known as CDM and so while this is an important role and if I may say TMO does not seek to underplay the importance of its role the regulations
00:35:49 importance of its role the regulations envisage that clients may not be specialists in design or construction and so therefore clients are not required to plan manage or carry out
00:36:01 required to plan manage or carry out projects themselves
00:36:05 so what Timo did to discharge its duties under the regulations is a mass of the inquiry will no doubt consider in
00:36:16 inquiry will no doubt consider in anxious detail probably more so at phase 2 and so whether it did or did not discharge its legal duties will be a
00:36:28 discharge its legal duties will be a matter for others to judge
00:36:32 sir TMO monitored and managed progress of the refurbishment work against budget to ensure delivery of the program on behalf of our bkc in the residence and
00:36:43 behalf of our bkc in the residence and liaised with residents to facilitate the works in the initial stages in fact right back in early 2012 TMO procured a
00:36:56 right back in early 2012 TMO procured a specialist design team which consisted largely of organizations which had already been appointed by our bkc in relation to the nearby project to
00:37:09 relation to the nearby project to develop kensington academy and leisure center which was known as calc k ALC all had been engaged following an EU compliant tendering process and so we've
00:37:23 compliant tendering process and so we've heard something about these organizations specialist design team consisted of an included studio e-max Fordham curtains consulting and churchmen churchmen Landscape Architects
00:37:38 churchmen churchmen Landscape Architects TMO appointed our Tellier as its agent in August 2012 although it's right to say art Elia had been working with TMO on the project before then our telia had
00:37:52 on the project before then our telia had a very role in the project among other things are telling reviewed and scored the tender responses received from the
00:38:03 the tender responses received from the forbidding contractors in 2013 finally recommending in 2014 that ride ins bid was of the highest quality and offered
00:38:14 was of the highest quality and offered the best value for money Studio II was engaged at a very early stage as architect and lead design consultant it in consultation with other
00:38:30 consultant it in consultation with other construction and design professionals identified materials to be used in the cladding and sir the cladding that was eventually used at Granville Tower was
00:38:44 eventually used at Granville Tower was shown to our be see planning on various occasions in 2014 and before and in fact sir I believe we will hear we will hear that
00:38:55 believe we will hear we will hear that in fact there was a mock-up installed on the tower itself which was there for a period of time because the showing of the cladding to our bkc was one of the
00:39:07 the cladding to our bkc was one of the conditions attached to our be Casey's final grant of planning permission and sir our bkc planners also visited a number of residential tower blocks in
00:39:20 number of residential tower blocks in different London boroughs not Kensington and Chelsea where this type of cladding had already been installed and so as we understand the evidence what will be
00:39:32 understand the evidence what will be heard in some cases as early as 2010 studio II was provided with advice by x over UK Limited which is a consultant
00:39:43 over UK Limited which is a consultant specializing in fire testing and certification in connection with the fire strategy to be adopted at Grenville tower mm-hmm TMO appointed Ryden as principal
00:39:57 TMO appointed Ryden as principal contractor which again is a designation under the CDM regulations following a successful tender this was a design and
00:40:08 successful tender this was a design and build contract and Rison was required to carry out the design construction and completion of both the proposed reclad in an installation of Windows prior to
00:40:23 in an installation of Windows prior to and during the refurbishment project TMO engaged the services the fire safety consultant CS Stokes & Associates Limited which advised on fire safety
00:40:35 Limited which advised on fire safety matters and completed fire risk assessments at Greenville tower TMO also had bimonthly fire safety meetings with the London Fire Brigade throughout the
00:40:48 the London Fire Brigade throughout the course of the refurbishment the refurbishment project was overseen by a number of other specialist bodies including RB
00:40:59 including RB Kaycee building control which visited and inspected the project on least 16 occasions between its inception in
00:41:11 occasions between its inception in August 2014 and practical completion in July 2016 and Building Control signed off the final works as being compliant a
00:41:24 off the final works as being compliant a clerk of Works was also appointed at an early stage and visited the site on a regular basis assessing the quality of the building works as they progressed
00:41:36 can I deal with two discrete topics please sir before I move on to a last topic one of the topics is fire doors and it has been widely reported and is
00:41:49 and it has been widely reported and is referred to in your expert reports that fire doors installed on the flats in 2011 may not have performed to the standard suggested by their fire rating
00:42:01 standard suggested by their fire rating this will plainly be a matter to be investigated but it's right to say that TMO procured these doors from a company master door who fitted them and how the
00:42:13 master door who fitted them and how the mouse has been compliant with prevailing fire state fire standards another issue is complaints TMO
00:42:24 another issue is complaints TMO recognizes that one of the issues the inquiry will have to consider is what complaints were made by residents to whom when and what they were about how
00:42:39 whom when and what they were about how TMO dealt with these complaints will be considered during this inquiry and the TMA Wilkins will continue to provide all information in relation to those complaints we we fully appreciate that
00:42:50 complaints we we fully appreciate that it's important issue so as a final or penultimate topic while the cause of the fire and the way in which it took hold
00:43:03 fire and the way in which it took hold is complex and multifaceted some overriding factors have emerged from the reports of the experts commissioned by the inquiry
00:43:15 components of the aluminium rain screen fueled the fire and allowed it to spread up and around the tower as a great rate combustible materials and the lack of
00:43:27 combustible materials and the lack of cavity barriers in the new windows also seem to have played a major role why combustible cladding was used at Granville Tower is something this
00:43:39 Granville Tower is something this inquiry will have to consider with with great care and so the answer may not be simple or straightforward but what can be said is this that the use of this
00:43:53 be said is this that the use of this material or this type of material had been contemplated since the beginnings of the project when identified by sue Derry and other contractors in 2012 and
00:44:07 Derry and other contractors in 2012 and was visible - and seen by a whole range of technical and professional bodies including those with specific
00:44:18 including those with specific responsibilities for Building Control and fire safety in fact investigations after the fire show how widespread the
00:44:29 after the fire show how widespread the use of these materials was numerous high-rise residential buildings I think mr. Mansfield said something like 300 in
00:44:40 mr. Mansfield said something like 300 in both the public and the private sector were clad in the same or similar materials used at Granville Tower and as
00:44:52 materials used at Granville Tower and as we heard only last month the government agreed to fund the removal and replacement of cladding now identified to be dangerous by councils and housing
00:45:03 to be dangerous by councils and housing associations across the country and work has started to remove it from over a hundred high-rise buildings in the country across the country
00:45:15 sir TMO supports the inquiries thorough investigation into how these materials came to be used by contractors at
00:45:26 came to be used by contractors at Grenville tower and so widely throughout the housing sector and how the current systems of building regulations and fire safety which Dame Judith Hackett found
00:45:37 safety which Dame Judith Hackett found to be not fit for purpose were not reviewed prior to this date finally sir an importantly TMO supports a thorough investigation into the nature and
00:45:50 investigation into the nature and implementation of the stay-put policy in relation to high-rise buildings and crucially for phase one on the instruction resident instructions
00:46:01 instruction resident instructions residents were given by lfb and dispatchers as events are folded unfolded on the night of the 14th of June 2017 and so we acknowledge that
00:46:13 June 2017 and so we acknowledge that answering these questions might be vital not just for the present inquiry but also for the safety of countless other tenants across the UK they good thank
00:46:24 tenants across the UK they good thank you very much indeed it's a little early to take a break just yet I think so mr. Hawkman you are going to address us next I think
00:47:15 yes when you're ready may it please you sir on behalf of our conic architectural products SAS which I will call for the purposes of this oral opening the
00:47:27 purposes of this oral opening the company I'm very grateful for the opportunity to present these brief opening remarks comments as to the lack of detail in written openings clearly do
00:47:40 of detail in written openings clearly do not apply to us since we filled every square inch of the ten pages allocated to us as you know for the purposes of this oral opening I have however been
00:47:52 this oral opening I have however been allocated just 15 minutes and I know that a tea break awaits and therefore I'm going to limit myself to making some 10 specific points which I hope sir will
00:48:04 10 specific points which I hope sir will be of assistance to you I should make it clear that it's not my attention my intention to address every point made yesterday or today with which we may
00:48:15 yesterday or today with which we may respectfully disagree my first point is as it must be to repeat the expression of profound regret with which I began my
00:48:27 of profound regret with which I began my initial remarks to the inquiry on the 21st of March the sadness and sorrow which everyone must have felt on hearing about the fire and its terrible
00:48:39 about the fire and its terrible consequences were accentuated by watching and listening to the commemorations with which the inquiry was presented during the last two weeks and I would like to add my respectful
00:48:51 and I would like to add my respectful tribute to all those who had the courage to make those presentations and to those concerned in the arrangements which made it possible for the presentations to be
00:49:03 it possible for the presentations to be given my second point concerns the supply of cladding as everyone now knows the company was requested to supply a
00:49:15 the company was requested to supply a quantity of cladding panels made of what is known as a CMP II some or all of which were to be fitted to the tower the
00:49:26 the channels were of a kind which among others the company regularly manufactured and supplied they consisted of two sheets of aluminium with a
00:49:37 of two sheets of aluminium with a polyethylene core the core itself was obviously combustible the manufacture and supply of these panels was the only
00:49:48 and supply of these panels was the only part which the company played in the events leading up to the fire I add at this point that the company had no knowledge of and in no way authorized the images shown in the screenshots
00:50:02 the images shown in the screenshots referred to yesterday and would strongly disapprove of their content these images were it seems created by a customer who has been left in no doubt that we wholly
00:50:13 has been left in no doubt that we wholly deplore its conduct my next and third point relates to what I might call the legitimacy of the supply and it is
00:50:24 legitimacy of the supply and it is simply to stress that the supply of such panels was in itself an entirely lawful and indeed by no means uncommon circumstance as you've already heard
00:50:36 circumstance as you've already heard from others similar panels were regularly supplied to the market and indeed we understand that the company
00:50:47 indeed we understand that the company was a relatively minor participate in the participant in the market within the UK fourth point arrangements for use
00:50:58 UK fourth point arrangements for use it's important to stress that as I'm sure will be readily appreciated those requiring the supply of such panels are invariably involved professionally in
00:51:11 invariably involved professionally in the construction or refurbishment of buildings and it is they who decide whether to acquire the panels and in what quantities it is they who decide whether to use the panels for a
00:51:24 whether to use the panels for a particular project how they are to be fabricated and how they are to be affixed it is they who decide whether in combination with the other components of
00:51:35 combination with the other components of the building the panels can be appropriately safely used and in particular it is they who decide on the combination of materials comprising the cladding system
00:51:50 materials comprising the cladding system next the fifth point concerns fabrication and installation it has to be stressed that an individual panel as manufactured by and purchased from us
00:52:03 manufactured by and purchased from us cannot simply be fitted to a building as supplied a process of fabrication is necessary which involves adapting the panel so as to enable it to be fitted to
00:52:16 panel so as to enable it to be fitted to the building in whatever way has been specified in addition to the process of fabrication it's then necessary for arrangements to be made for the fixing of the panel to
00:52:28 be made for the fixing of the panel to the building itself separately and in combination these processes are undertaken not by the company but by others and no doubt invariably in
00:52:39 others and no doubt invariably in reliance upon appropriate professional advice now I come as my sixth point to the topic of regulatory compliance the
00:52:52 the topic of regulatory compliance the use of materials in the construction or rehabilitation of a building is as we've heard subject to the building regulations which are a form of
00:53:03 regulations which are a form of legislation and it's also covered by published government guidance the legislation and the guidance are not wholly prescriptive in detail as to how
00:53:17 wholly prescriptive in detail as to how regulatory compliance can be achieved though there are a number of recognized routes to compliance in order to assess compliance whether by one of the
00:53:29 compliance whether by one of the recognized groups or otherwise it would be necessary to have a detailed understanding of the overall design and structural components of the building
00:53:40 structural components of the building including of course the external envelope assessment of compliance could not be and was not therefore undertaken by the manufacturer
00:53:53 by the manufacturer of a single component part I'll say that again if I may assessment of compliance could not be and was not therefore undertaken by the manufacturer of a
00:54:05 undertaken by the manufacturer of a single component part it was for those who were responsible for the design or construction or refurbishment of the building to satisfy themselves that an
00:54:16 building to satisfy themselves that an appropriate route to compliance would be achieved in particular one route to compliance was and is recognized to be the carrying out of what is sometimes
00:54:29 the carrying out of what is sometimes called a fire engineering assessment which takes into account relevant features of the building as a whole including the various components in the
00:54:40 including the various components in the cladding system this route to compliance was recognized as recently as April of this year in a government consultation paper concerning amendments to
00:54:52 paper concerning amendments to government guidance and this route to compliance possibly in common with other rules does not necessarily require that every element in the building be non
00:55:05 every element in the building be non combustible or of limited combust ability now a few words as my seventh point about product classification and I
00:55:17 point about product classification and I can be very brief on this at this stage it follows really from everything that I've already said that the question whether panels can be used in a manner which complies with the regulatory
00:55:29 which complies with the regulatory regime does not necessarily turn upon whether they were capable of achieving any particular classification now I've covered seven of my 10 points and I
00:55:43 covered seven of my 10 points and I proposed in my remaining three conference to identify some of the factors in addition to the ACM PE which it appears were responsible for the way
00:55:54 it appears were responsible for the way in which the fire spread throughout the building and for its fatal consequences I do so not in any way to express suggested conclusions but rather to
00:56:05 suggested conclusions but rather to highlight a very of the matters which the enquiry will undoubtedly wish to address and of these three points the first which will be my point eight my eighth point concerns
00:56:18 point eight my eighth point concerns containment it seems that anyone assessing the fire performance and compliance of the building would have had to take into
00:56:29 building would have had to take into account the so-called stay-put policy in other words the assumption that the building was constructed in such a way that a fire in any one unit would be
00:56:41 that a fire in any one unit would be contained within that unit for an appropriate period of time such as to avoid a threat to safety in other parts of the building it seems to us therefore
00:56:53 of the building it seems to us therefore that the inquiry will wish to examine whether the refurbishment project if appropriately carried out by those responsible for its design and implementation would and should have
00:57:07 implementation would and should have been capable of ensuring that the fire in flat 16 was so contained my ninth point concerns insulation the inquiry of
00:57:20 point concerns insulation the inquiry of course will wish to examine the contribution of the individual components in the building including those within the cladding system and as
00:57:31 those within the cladding system and as regards the cladding system we have to emphasize that the insulation selected for the project appears to have been the first combustible component in the
00:57:43 first combustible component in the cladding system which became subject to fire and which had a significant impact on fire spread the company was not in any way responsible for the selection or
00:57:56 any way responsible for the selection or installation of the insulation material and then finally as my tenth point a word about the infill panels a feature
00:58:09 word about the infill panels a feature of the cladding system which has perhaps to date been insufficiently emphasized is the incorporation of a considerable number of white starring infill panels we have seen them
00:58:23 starring infill panels we have seen them on on the pictures also highly combustible which appear between the windows on every floor from the fourth storey upwards and which which will also
00:58:36 storey upwards and which which will also have made an identifiable contribution to fire spread once again the company had no involvement in the manufacture selection or use of these panels sir by way of conclusion as
00:58:52 panels sir by way of conclusion as others do we fully understand the enormity of the task facing the inquiry the enormity of your task together with your Assessors and fellow panelists when
00:59:06 your Assessors and fellow panelists when appointed and look forward to playing our part in working towards appropriate conclusions thank you well it's a little before 3 o'clock but I think that is a
00:59:19 before 3 o'clock but I think that is a convenient time to take a break so we'll stop now and resume at 3:15 shop please thank you
00:59:37 you
01:17:15 not mr. Leonard you're going to address us next good afternoon yes James Leonard instructed by Watson Burton and this is the opening statement on behalf of CS Stokes associates
01:17:26 on behalf of CS Stokes associates limited CS Stokes continues with others to express its deepest sympathies and condolences to all those affected by Grenville Tower 5 CS Stokes is the
01:17:41 Grenville Tower 5 CS Stokes is the company through which Carl Stokes has traded in the business of fire safety since 2009 having undertaken independent fire risk assessments himself pursuant
01:17:52 fire risk assessments himself pursuant to the regulatory reform fire safety order Jarrah referred to you as the fire safety order throughout since 2007 Carl Stokes had 23 years service as a fire
01:18:05 Stokes had 23 years service as a fire officer and in 2007 was awarded the fire risk assessment certificate having demonstrated proficiency for the work in
01:18:17 demonstrated proficiency for the work in broad terms Carl Stokes association with Grenville tower began in 2009 with his first fire risk assessment as a subcontractor and repeated the exercise
01:18:29 subcontractor and repeated the exercise as CEO Stokes on the 20th November 2012 the 17th of October 2014 the 20th of April 2016 and the 20th of June 2016
01:18:43 April 2016 and the 20th of June 2016 CS Stokes associates limited is the identify core participant in these proceedings all fire risk assessments together with their significant findings
01:18:55 together with their significant findings and action plans Republic were provided for and to the Kensington and Chelsea TM the particular nature of and purpose
01:19:07 the particular nature of and purpose behind fire risk assessments will sir I'm sure be the subject of evidence but in short they represent a fire risk assessment of the building captured on
01:19:18 assessment of the building captured on the day or days the fire risk assessment is completed the fire risk assessment is always
01:19:27 always available for the London Fire Brigade to audit as the enforcing authority and for the TMO in this case to distribute as they see fit the fire safety order
01:19:40 they see fit the fire safety order requires the significant findings of the fire risk assessment to be recorded the significant findings are given actions for in this case the TMO to address in
01:19:54 for in this case the TMO to address in addition between 2010 and 2017 CS takes carried out fire risk assessments for the TMO across their portfolio of properties and Wars on occasion asked to
01:20:07 properties and Wars on occasion asked to carry out specific tasks we'll consider specific issues as and when requested which included matters relating to ground fault hour before during and
01:20:18 ground fault hour before during and after the refurbishment work again so that will be a matter of evidence in due course CS Stokes is committed to assisting this enquiry
01:20:29 assisting this enquiry as best it can and particularly in relation to the fire safety order and fire risk assessments carried out under that order not only in relation to matter how matters were and remain but
01:20:43 matter how matters were and remain but how they might improve for the future the the BSR cps call participants and inquiry experts have raised a number of entirely legitimate issues about which
01:20:56 entirely legitimate issues about which evidence will be given with this in mind however there are three specific matters I would like to address primarily to inform I hope helpfully your work sir going forward but these are not intended
01:21:08 going forward but these are not intended to provide answers to all the questions raised but as I say to assist you particularly in relation to fire safety matters and fire risk assessments
01:21:19 matters and fire risk assessments firstly stay put stay put is a well-recognized strategy applied to purpose-built blocks of flats for many
01:21:30 purpose-built blocks of flats for many years and it applied to Grenville tower long before CS Doakes became involved in the building stage stay put is there identified in Cyr Stokes fire risk assessments as the
01:21:42 Cyr Stokes fire risk assessments as the strategy in place for the building stay put
01:21:47 put relies on designed and maintained internal compartment ation of the building to contain fire spread for a period of time sufficient either for the
01:22:01 period of time sufficient either for the fire to burn out or for it to be dealt with by the fire service without the need for general evacuation at the same time it is designed to maintain the
01:22:12 time it is designed to maintain the integrity of other fire protection measures including fire escape stairs and alike although stay-put can and is referred to as an evacuation strategy or
01:22:25 referred to as an evacuation strategy or plan and although it is not a plan that requires immediate evacuation or even relies on a predetermined phased evacuation of a building it should not
01:22:37 evacuation of a building it should not be thought of as a policy for occupants if a fire has broken out to stay put in all or any circumstances the local
01:22:50 all or any circumstances the local government association guidance published in 2011 straight 12 before the coroner completed the lack an outhouse inquest to which I was also a party
01:23:01 inquest to which I was also a party identified stay-put policy as involving in broad terms the following approach 1 when a fire occurs in a flat the
01:23:13 when a fire occurs in a flat the occupants alert others in the flat make their way out of the building and summon the Fire and Rescue Service 2 if a fire starts in the common parts
01:23:24 2 if a fire starts in the common parts anyone in those areas makes their way out of the building and summons the Fire and Rescue Service 3 all other residents not directly
01:23:36 3 all other residents not directly affected by the fire would be expected to stay put and remain in their flat unless directed to leave by the Fire &
01:23:47 unless directed to leave by the Fire & Rescue Service the LGA guidance the Local Government Association guides survived unamended by the canal recommendation letters goes on at
01:23:58 recommendation letters goes on at paragraph 19 - it is not implied that those not directly involved who wished to leave the building should be
01:24:09 to leave the building should be prevented from doing so nor does this preclude there is evacuating a flat that is on fire from alerting neighbors say they can also escape if they feel threatened
01:24:20 threatened circe estates does not underestimate the multitude of factors that were presented to the London Fire Brigade by the fire at Granville town on the 14th of June
01:24:32 at Granville town on the 14th of June 2017 it was a fire that spread with unforeseen intensity and speed as a result of fire igniting cladding material on the external walls without
01:24:46 material on the external walls without wishing to prejudge the evidence the inquiry will have to consider whether or not the fire developed in a way that appears wholly inconsistent with a fire
01:24:58 appears wholly inconsistent with a fire in a building that was said to have complied with the functional requirements of Building Regulations and approved document b if that is right the
01:25:09 approved document b if that is right the fire protection measures in place at the time on the basis that it did so comply were subjected to a fire they had never been designed to address weather and if
01:25:24 been designed to address weather and if so the stay-put policy needs to progress from stay-put advice to directing residents to live in the building is an operational firefighting decision in the
01:25:36 operational firefighting decision in the event of a fire occurring as to planning in advance the Department of Communities and Local Government foreign rescue authorities operational guidance generic risk assessment 3.2 which did come about
01:25:51 risk assessment 3.2 which did come about after lacan al and they's familiar with what happened in that case will recognize features of it within the change narrative in February of 2014 addresses directly the issue of a
01:26:02 addresses directly the issue of a contingency plan referred to already in your preceding Sarah a plan B addresses the issue of a contingency plan on the part of a Fire and Rescue authority under GRA 3.2 by
01:26:16 and Rescue authority under GRA 3.2 by way of summary only the relevant Fire and Rescue Authority is required to have contingency plans which should cover and I quote an operational evacuation plan
01:26:27 I quote an operational evacuation plan being required in the event the stay-put policy becomes untenable it goes on advice offered to offer to callers to remain in their property during fire
01:26:39 remain in their property during fire survival calls and I quote must be re-evaluated throughout the incident callers may need to be advised to leave their property or guided from it by firefighters this inquiry will have to
01:26:54 firefighters this inquiry will have to consider whether any London Fire Brigade contingency plan for managing evacuation from Granville Tower would ever have contemplated the need for a fall or even
01:27:07 contemplated the need for a fall or even staged evacuations so quickly from a fire risk assessment perspective had such a need been identified stay put as a strategy would never have been
01:27:19 a strategy would never have been appropriate in the first place that's there will be a matter of evidence for you to consider in as we progress the second point I want to raise if I may is this are the external walls of a
01:27:32 this are the external walls of a building such as Grenville Tower covered by the fire safety order so this is a matter that inquiry may want feel it has to address into in due course and there
01:27:43 to address into in due course and there may be some urgency to it and I'll explain why in written submissions seen in advance at least one of the BSR core participants suggests that the external walls are within the scope of the fire
01:27:55 walls are within the scope of the fire safety order as you know so the fire safety order is one of the key pieces of legislation in this area all of CS takes fire risk assessments on Grenville tower
01:28:06 fire risk assessments on Grenville tower were carried out pursuant to the fire safety order the fire safety order applies not to domestic premises occupied as private dwellings ie the
01:28:18 occupied as private dwellings ie the flats themselves within Grenville town but to those parts and I quote used in common by the occupants of more than one such dwelling if the external walls were
01:28:31 such dwelling if the external walls were to be regarded as within the ambit of the fire safety order therefore they would have to be regarded as parts of the building that were and I quote again used in common by the occupants so your
01:28:46 used in common by the occupants so your expert Colin Todd have said that in his view although ultimately it may well be a matter for you of course a construction of the fire safety order allowing for that conclusion would be
01:28:57 allowing for that conclusion would be perverse setting aside the practical implications of the external walls being included as a common part one struggles
01:29:08 included as a common part one struggles to find any guidance document and there are many that comes close to suggesting it did and moreover as I perceive it the Dame Judith Hackett report appears to
01:29:21 Dame Judith Hackett report appears to proceed on the basis almost taken as read that external wars are not included within the fire safety order it was an issue focused on in the post inquest
01:29:33 issue focused on in the post inquest recommendation letters that followed the lack an outhouse fire of 2009 by letter dated to 28th of March of 2013 her
01:29:45 dated to 28th of March of 2013 her majesty's assistant deputy coroner specifically invited the government to consider providing more guidance on what was meant by common parts and nothing has changed CS state's position is that
01:29:59 has changed CS state's position is that the external walls of the pitar do not form part of the common parts of the building for the purposes the fire safety order first admission further submissions as to the reasoning of that
01:30:10 submissions as to the reasoning of that behind that would follow so at your invitation conversely section 1-5 of the Housing Act of 2004 does specifically
01:30:21 Housing Act of 2004 does specifically include external walls the extent of the Duty in that regard may also be a matter sir for you to address in due however even if the fire safety order
01:30:34 however even if the fire safety order should be construed so as to include the external wars : Todd's further opinion is that his has never been custom and practice for fire risk assessments
01:30:47 practice for fire risk assessments included those carried out by fire safety specialists to consider external wall construction if a contrary view on construction is to
01:30:59 if a contrary view on construction is to be taken so that may need to be taken with some urgency because of its impact on the fire safety community at large
01:31:15 even though we take the view that the fire safety order irrespective as it were of the strictly legal position taken with regards to fire safety order
01:31:26 taken with regards to fire safety order the local government associations guidance already referred to at paragraphs 72 invites and I quote particular attention to any rain screen
01:31:38 particular attention to any rain screen or other external cladding that has been applied and two facades that have been replaced that is not a paragraph that directly addresses fire risks
01:31:49 directly addresses fire risks assessments at the time of the CS takes fire risk assessment on the 17th of October 2014 the refurbishment was
01:32:00 October 2014 the refurbishment was underway saved though for a single piece seemingly in place as in the visual example there was no external cladding in place at that time of inspection
01:32:14 following the fire risk assessment in accordance with the fire safety order the record of significant findings and action plan also dated the 17th of October 2014 was produced by CS stakes
01:32:29 October 2014 was produced by CS stakes in addition to the proposed cladding being noted in the first row of significant findings the last significant findings item identified the
01:32:40 significant findings item identified the following as a risk as a risk with a high priority for resolution and I quote the external face of this building is to be over clad the piece of planning fixed
01:32:53 be over clad the piece of planning fixed to the external wall at the moment is on timber battens in response to this risk CS takes recommended actions to be taken which can be paraphrased as follows
01:33:06 which can be paraphrased as follows one the contractor to provide the scope of the works for the cladding how it was to be fixed to the building to the contractor to provide information about
01:33:17 contractor to provide information about the fixings to be used three the contractor to provide the fire rating of the cladding and the fixings for the contractor to provide Building Control
01:33:29 contractor to provide Building Control offices acceptance of the fixing system and cladding used even though therefore outside the scope of the fire safety order by identifying the proposed over
01:33:42 order by identifying the proposed over cladding as a risk or hazard and in accordance with the Local Government Association guidance steer Stokes invited particular attention to the proposed planning system and thus
01:33:53 proposed planning system and thus promoted active consideration of the safety of the cladding system and fire safety issues sir a cladding system designed by specialists in the
01:34:05 designed by specialists in the construction industry and approved by Building Control should not have spread fire in the way that it did at Grenville tower on the 14th of June 2017 neither
01:34:18 tower on the 14th of June 2017 neither should it have compromised internal compartment ation and the stay-put policy in the way that it did and at the speed it did thirdly and finally what
01:34:33 speed it did thirdly and finally what was meant by fire rated cladding and I quote in the April and June 2016 fire assessments in its 26th of April 2016
01:34:45 assessments in its 26th of April 2016 fire risk assessment CS stakes commented as a result of information received as follows new external cladding has been
01:34:57 follows new external cladding has been fitted to this building as part of the project of refurbishment and reconstruction work being undertaken on and within the building the original X turning face of this building has been able add the new fire rated cladding is
01:35:10 able add the new fire rated cladding is fixed to the out face of the building by metal fixings and the whole process has been overseen by our bkc Building Control Department and offices they have
01:35:22 Control Department and offices they have approved and accepted the fixing system and cladding used in its 20th of June 2016 fire risk assessment CS takes
01:35:33 2016 fire risk assessment CS takes repeated that comment in identical terms and the Building Control completion certificate the ground fault our refurbishment was issued so as you know on the six 10th of July 2016 as Stokes was informed
01:35:47 10th of July 2016 as Stokes was informed it would be the comment that the cladding was quotes fire-rated was derived from CSX having been assured that Building Control had overseen the
01:35:59 that Building Control had overseen the whole process had approved the fixing system and cladding used had signed it off and that it complied with Building Regulations in relation to external
01:36:10 Regulations in relation to external walls and the relevant sections have approved document b compliance with the relevant sections of approved document b represented on c s stakes understanding
01:36:22 represented on c s stakes understanding a fire rating in accordance with approved document b paragraphs twelve point five to twelve point nine or at least a functional equivalent by
01:36:34 least a functional equivalent by reference to full-scale british standard test data
01:36:37 test data irrespective however of that detail in approved document these detailed fire rating paragraph one a paragraph paragraph one a paragraph 12.5 of
01:36:50 paragraph one a paragraph 12.5 of approved document b reads as follows the external envelope of a building should not provide a medium of fire spread if
01:37:01 not provide a medium of fire spread if it is likely to be a risk to health and safety the use of combustible materials in the cladding system and extensive cavities may present such a risk in tall
01:37:13 cavities may present such a risk in tall buildings it would be a matter for you to determine sir but even if there is a gap or an apparent gap in the fire safety order relevant to the external walls the functional requirement of the
01:37:26 walls the functional requirement of the building regulations steps in you will know and others who've looked at it will know as well that compartment ation crucial to this issue is worthy of an
01:37:37 crucial to this issue is worthy of an entire section in approved document b under b3 which stresses the importance of compartment ation in the context of resisting fire spread it will be a
01:37:49 resisting fire spread it will be a matter for this inquiry to determine and consider
01:37:53 consider that any external wall that compromises compartment ation and stay put is arguably bound to represent a risk to health and safety
01:38:04 health and safety if a cladding system was passed as compliant the converse should be capable of being taken as true namely the system
01:38:16 of being taken as true namely the system with approval did not present a risk to health and safety the same can be said of the letter of the 6th of April 2017 from the London Fire Brigade that's
01:38:27 from the London Fire Brigade that's already been referred to that letter in fact focuses significantly on compliance with the Building Regulations Part B and all parts of approved document b as a
01:38:39 all parts of approved document b as a way of ensuring ongoing Public Safety sir you sir by way of conclusion will be very interested no doubt in due course
01:38:51 very interested no doubt in due course to ascertain precisely what did happen as part of the Building Control process as are many others but until that has
01:39:02 as are many others but until that has occurred so we remain committed to assisting you in any way we can but that is all I post say on CS days behind thank you very much indeed now the next
01:39:16 thank you very much indeed now the next person to address is mr. Gibbs thank you
01:39:38 yes so I appear on behalf of Celotex limited instructed by Linklaters sir it is of
01:39:52 instructed by Linklaters sir it is of the utmost importance to our client and all the representatives of the company that I express our deep sympathy both to
01:40:06 that I express our deep sympathy both to the families of those who lost their lives as a result of the fire at Grenville tower and to everyone who has been and remains affected by the
01:40:19 been and remains affected by the devastating and tragic events of that night the very moving and distressing commemorations which we have seen and
01:40:32 commemorations which we have seen and heard over recent days bear witness to the terrible pain being suffered by so many and we fully understand the demand
01:40:47 many and we fully understand the demand and the need for answers which have been expressed so powerfully and with such dignity
01:41:00 we have also carefully noted the words of counsel to the inquiry in his opening statement emphasizing that core
01:41:11 statement emphasizing that core participants will rightly be expected to provide clear evidence and engage rigorously with the issues that directly concern them that we
01:41:25 that directly concern them that we recognize is essential in order to assist this vitally important inquiry in achieving its objectives which include
01:41:38 achieving its objectives which include making recommendations designed to ensure that such a fire never happens again and that there are major improvements in safety in the areas
01:41:52 improvements in safety in the areas under investigation so we have sought to comply with the inquiries directions to date in that spirit as the inquiry knows Celotex
01:42:07 spirit as the inquiry knows Celotex manufactures and distributes insulation products some of which were used in the refurbishment of Grenville tower in our
01:42:20 refurbishment of Grenville tower in our position paper we carefully sought to set out and explain Celotex his role and involvement as requested in particular
01:42:33 involvement as requested in particular in relation to the testing marketing and supply of its insulation products and we identified key documents that position
01:42:48 identified key documents that position paper has been shared with other core participants so i do not seek to lengthen this opening statement by repeating its contents along with the
01:43:01 repeating its contents along with the contents of our written opening but in conclusion I would like to underline particularly having regard to all that
01:43:15 particularly having regard to all that has been said and that I've heard today Celotex is continued commitment to full objective and transparent engagement
01:43:27 objective and transparent engagement with this inquiry thank you thank you very much
01:43:36 mr. beer you're going to make us kind of statement on behalf of the ministry next
01:43:48 so that's right I appear on behalf of MHC LG the loving and moving commemorations that rightly form the
01:44:00 commemorations that rightly form the start if not the centerpiece of this inquiry provide a reminder if one was needed but although the inquiry may at times become enmeshed with technical and
01:44:13 times become enmeshed with technical and scientific evidence at its very heart this tragedy concerned people and the loss of human life but for our part and by that I mean the
01:44:27 but for our part and by that I mean the people the individuals who make up the department that I represent there is a collective desire that human tragedy is
01:44:38 collective desire that human tragedy is the compass which gives us our bearings in this inquiry as we seek to ensure that the lessons of the tragedy are learned the department was present at
01:44:51 learned the department was present at each and every one of the days of the commemoration ensuring that what was said was heard and will continue to be present throughout the inquiries
01:45:03 present throughout the inquiries hearings you'll know sir that the inquiry the department is primarily concerned with Phase two of your inquiry and not phase one but notwithstanding that and the fact
01:45:17 but notwithstanding that and the fact that the department will have the opportunity to make a full opening statement that the commencement of Phase two of the inquiry the department does me wish to make a short opening
01:45:29 me wish to make a short opening statement at the beginning of this phase and it does so firstly in recognition of the importance of phase one of the inquiry and that's because it is only by
01:45:40 inquiry and that's because it is only by examining the phase one issues that the inquiry has any hope of making robust findings
01:45:47 findings in relation to the phase two issues but secondly we wish to make the statement to emphasize that although we are not actively engaged in phase one of the
01:45:59 actively engaged in phase one of the inquiry the department is nonetheless carefully monitoring and responding to the evidence prepared for and given in phase one of the inquiry insofar as that
01:46:12 phase one of the inquiry insofar as that evidence relates to matters that remain within the department's areas of responsibility as I've said in relation to the phase one issues identified by your Council which fundamentally
01:46:24 your Council which fundamentally encompass factual issues directly relating to the events of the 14th of June the department has no direct involvement or direct knowledge of them it has not been asked and does not that
01:46:37 it has not been asked and does not that expect that it will be in a position to provide relevant evidence to the inquiry on those matters this is in contrast to the issues which are engaged by phase 2
01:46:49 the issues which are engaged by phase 2 of the inquiry where the department clearly has a direct involvement in for example the matters raised under the heading of issue 10 in the list of issues but the absence of direct
01:47:01 issues but the absence of direct involvement in phase 1 does not mean a lack of attention to and concern about the evidence that you may hear in phase 1 but far from it although the focus of
01:47:13 1 but far from it although the focus of phase 1 is not about the extent of industry's compliance with the regulatory regime as is clear from some of the expert reports that the inquiry has commissioned numerous extensive and
01:47:27 has commissioned numerous extensive and interrelated compliance issues with regard to the construction and refurbishment of the building will emerge in phase 1 along perhaps with
01:47:38 emerge in phase 1 along perhaps with issues as to the efficiency and effectiveness of the regulatory regime itself in securing public safety and as will have been apparent to you and your
01:47:49 will have been apparent to you and your team the department has not and is not waiting for the conclusions of this inquiry before taking robust action where that is necessary in order to
01:48:00 where that is necessary in order to secure the safety of the public or wearer improvements can be made so although you have decided in your response document of December 2017 that
01:48:12 response document of December 2017 that phase 1 will not involve any examination of the reasons why things happened as they did or what should have happened and that in phase 1 there will be no qualitative investigation into any
01:48:23 qualitative investigation into any Arrangements decisions regulations or policies as it has done in the past the department will continue to address issues of urgent concern as a result of
01:48:35 issues of urgent concern as a result of the process of the inquiry including within phase 1 that is why it is concerned with phase 1 & yr we are working closely with the Home Office who
01:48:46 working closely with the Home Office who now have governmental responsibilities for Fire and Rescue policy at the department recognizes that Grem the Grenville tower fire uncovered
01:48:58 Grenville tower fire uncovered widespread failures in the fire safety regime for high-rise residential buildings that is why it immediately worked with fire safety experts to issue
01:49:10 worked with fire safety experts to issue advice to owners of affected buildings taking steps to ensure that every high-rise building with unsafe cladding was identified and made safe as soon as
01:49:21 was identified and made safe as soon as possible and committed to a full review of the building regulatory system to make sure that all of the lessons from the charity were fully realized and acted on that is why it has shared the
01:49:35 acted on that is why it has shared the inquiries expert reports with your permission with the department's independent expert panel to make sure that any further action that is needed can be taken immediately and that is why
01:49:47 can be taken immediately and that is why the department is also committed in reverse to providing to the inquiry documents underlying the hackett review in short sir nothing is more important
01:50:00 in short sir nothing is more important than keeping people safe as the inquiry continues its work we in the department will ensure that any urgent public safety issues that the inquiry uncovers are immediately dealt with
01:50:12 are immediately dealt with and that the survivors are fully supported thank you sir thank you very much and uh finally for today miss Todd
01:50:24 much and uh finally for today miss Todd is going to make a statement on behalf of the mayor of London but take your time that's perfectly right
01:51:00 so the Mayor of London has pledged to make London a city for all Londoners and as a result of that pledge he has particular concern for the
01:51:12 he has particular concern for the bereaved survivors and residents of the Granville Fire as mr. millet Queen's Counsel clearly acknowledged on Monday and others perhaps mr. Friedman Queen's
01:51:23 and others perhaps mr. Friedman Queen's Counsel most graphically have echoed the commemorations last week provided us with a privilege of knowing a little bit about those who died and the place that
01:51:35 about those who died and the place that they held in the hearts of their loved ones for the mayor who was represented throughout but who attended in person last Wednesday they provided a very
01:51:47 last Wednesday they provided a very clear illustration if one were needed of the importance this inquiry and its need to explore relentlessly in this phase the cause and spread of this fire this
01:52:02 the cause and spread of this fire this inquiry must reflect a moment in history when we can say this will not and cannot happen again in our great capital city as mr. Thomas Queen's Council said
01:52:16 as mr. Thomas Queen's Council said earlier let this be the beginning of the end the Testaments of the bereaved survivors and relatives are also a stark
01:52:28 survivors and relatives are also a stark reminder of the duty on each and every one of us with a role in this inquiry in whatever capacity to work rapidly tirelessly and with transparency to
01:52:42 tirelessly and with transparency to ensure that we learn every lesson we can even the difficult ones to prevent any reoccurrence of the devastating events of the 14th of June 2017 this Duty
01:52:57 of the 14th of June 2017 this Duty clearly and obviously must extend to those responsible for the redesign and renovation of Grenville Tower and those
01:53:08 renovation of Grenville Tower and those corporate core participants that have been paid by the taxpayer for their work the mayor welcomes the Prime Minister's recent decision to appoint additional
01:53:21 recent decision to appoint additional panel members to sit with you sir in Phase two he considers the appointment of power members will bring as they must
01:53:32 of power members will bring as they must both diversity and different life experience to this inquiry and can only assist in making a vital contribution to ensuring greater public confidence in
01:53:45 ensuring greater public confidence in the process as a whole he would endorse mr. Mansfield of Queens Council's call for their early appointment and their involvement in the hearings of phase 1
01:54:00 adding his voice to others the mayor has written to you asking you to renew your efforts in relation to finding and securing a more suitable venue than this venue it is obviously
01:54:15 venue than this venue it is obviously unsatisfactory that less than 20 percent of the bereaved survivors and resident core participants can be present and actively participate in the main room of
01:54:27 actively participate in the main room of the inquiry at any one time and even then there are issues of space and comfort and the lack of ability for them to take notes and give instructions to
01:54:40 to take notes and give instructions to their lawyers we are sure that extensive inquiries have been made and that they will continue to be made we understand that it is not easy to find suitable
01:54:52 that it is not easy to find suitable accommodation for an inquiry of this size however it is clearly eroding the number of core participants who are attending the inquiry and at the very
01:55:04 attending the inquiry and at the very least in the interests of transparency and in order to promote confidence in the process we would ask you to let the core participants know what efforts have
01:55:15 core participants know what efforts have been made to date to find alternative accommodation for this inquiry to give them the confidence that the inquiry has this issue very much in
01:55:27 inquiry has this issue very much in focus as the hearings continue in addition to the proper focus on the bereaved sir violent survivors and
01:55:39 bereaved sir violent survivors and residents of the Granville Tower and the need to learn lessons even uncomfortable ones in relation to the decisions made in the course of a very fast-moving
01:55:50 in the course of a very fast-moving emergency response the mayor would also wish the inquiry to highlight the actions of individual firefighters search and rescue team members and police officers who showed
01:56:04 members and police officers who showed breathtaking bravery going forward into danger these individuals and there were many showed the world what public service really means risking their own
01:56:17 service really means risking their own lives in order to save the lives of others these people will be heard in this phase of the inquiry and their conduct should be recognized for the remarkable demonstration of the human
01:56:30 remarkable demonstration of the human spirit acting in the service of others
01:56:35 the mayor would also like the inquiry to recognize and acknowledge II in this phase the extraordinary coming together of the local community in the course of
01:56:47 of the local community in the course of and in the mediate aftermath of devastating tragedy this is a community which filled the vacuum left by the local authority rallied sought to and
01:57:01 local authority rallied sought to and did provide support to those directly affected in every way that it could in the days and weeks that followed the 14th of June and as illustrated last
01:57:13 14th of June and as illustrated last week are the commemorative hearings it continues to do so given the obvious and admitted failures of a vertical authority to provide welfare and support
01:57:26 authority to provide welfare and support to the bereaved survivors and relatives of Granville Tower the mayor would invite you to consider whether the incumbent of his office should have a more specific or perhaps
01:57:37 should have a more specific or perhaps even a statutory role to provide or authorized neutral aid in the aftermath of such a major incident until now the
01:57:49 of such a major incident until now the evidence which will be heard by the inquiry over the next few weeks and months has not been widely disseminated and has been confidential to the inquiry and core participants until these
01:58:00 and core participants until these hearings commence the mayor is very conscious that the content of the evidence to be heard in this phase of the oil hearings will inevitably bring with it further concern to those who
01:58:13 with it further concern to those who reside in high-rise buildings and an accommodation similar to Granville Tower the inquiry will be aware that those with responsibility for housing took
01:58:26 with responsibility for housing took some action in the immediate aftermath of the fire to reduce public concern and to increase the safety of those residing in Tara blocks those actions were and
01:58:39 in Tara blocks those actions were and have been more recently widely reported in the press that has not prevented residents of high-rise buildings continuing to understeer e'en s-- wholly
01:58:51 continuing to understeer e'en s-- wholly understandable fears concerns and worries about their ability to be safe and their ability to keep their families safe in their own homes
01:59:03 safe in their own homes the mayor considers that there is much further work to do and that you sir and your inquiry play a vital role in this
01:59:14 your inquiry play a vital role in this mr. Weatherbee Queen's Council asked yesterday whether any other of the core participants would support an outright ban on the use of combustible cladding on high-rise buildings the mayor has
01:59:28 on high-rise buildings the mayor has already made a clear and unambiguous public comment in response to the hackett review confirming his support for its immediate ban this is just the
01:59:39 for its immediate ban this is just the type of urgent safety consideration that this inquiry must consider in the course of the phase 1 hearings as the Mosel previously indicated there
01:59:52 as the Mosel previously indicated there is a need to swiftly share an action any learning arising from the all hearings of phase one and not merely at its conclusion
02:00:03 conclusion the mayor wishes the acquiring and the public to know that he is committed to assisting the inquiry to disseminate and implement any measures which is his considered require immediate attention
02:00:14 considered require immediate attention insofar as he has the power to do so and expects that other relevant bodies all local authorities will do the same for local authorities registered social
02:00:27 local authorities registered social landlords and private landlords this will have to be a matter of priority and we make it plain that on behalf of the affected residents of London the mayor
02:00:38 affected residents of London the mayor will use whatever methods available to him to ensure that these issues are prioritized
02:00:46 well the mayor acknowledges the painstaking investigation being undertaken by the Metropolitan Police he also wishes to highlight and emphasize the need for accountability it is
02:00:59 the need for accountability it is imperative that either in the course of these hearings or elsewhere those bearing capable responsibility for the circumstances that allowed this tragedy
02:01:11 circumstances that allowed this tragedy to occur are held to account and that through the inquiries work we can ensure that nothing like the awful events at
02:01:22 that nothing like the awful events at Granville Tower can ever occur in our country again
02:01:30 thank you very much well that's a convenient point to break for today we'll resume tomorrow with further statements at 10 o'clock can I just
02:01:42 statements at 10 o'clock can I just mention one thing before I rise in maybe that some of you are intending to stay in the building to talk about the day's events or other matters after I rise I doubt that many of you will be here
02:01:54 doubt that many of you will be here still at half past 5:00 but if you are you ought to be aware that there will be a fire alarm test at half past five no
02:02:06 a fire alarm test at half past five no it's been put back
02:02:09 yeah the confusion at this end is that we were originally told to expect it at 4:45 but I received a message just before I came back in that it had been
02:02:20 before I came back in that it had been put back to half-past five so that's why i've told you half past five