Lord Davies of Gower (Con)

My Lords, this amendment seeks to bring the definition of “building” in this Bill into alignment with the definition provided in Section 121 of the Building Act 1984. At first glance, this may appear to be a purely technical adjustment, but it is one that holds practical significance and improves the coherence of our legislative framework. Consistency in legal definitions is essential for ensuring that legislation is clear, workable and enforceable. By adopting a well-established definition already enshrined in the Building Act 1984, this amendment offers several distinct advantages. First, it ensures legal certainty. The term “building” appears across numerous pieces of legislation that deal with construction, planning, safety and environmental concerns. Diverging definitions introduce the risk of ambiguity and could result in unintended consequences or legal disputes. Secondly, it supports efficiency and clarity for all stakeholders—whether they are local authorities, developers, legal practitioners or enforcement bodies. A single, consistent definition avoids the need for unnecessary cross-referencing and interpretation, reducing administrative complexity and the scope for conflicting judgments. Thirdly, this amendment aligns with wider efforts to create a streamlined and harmonised regulatory environment. With the increasing need for integrated approaches to construction and building safety, clarity in our definitions becomes all the more vital. Moreover, this amendment ensures continuity. The definition under Section 121 of the Building Act 1984 has stood the test of time and has been tested in practice. It is familiar to professionals across the construction and legal sectors and therefore provides a trusted and robust foundation for any regulatory measures contained in the Bill. In conclusion, this amendment may seem modest, but its impact on the clarity, coherence and efficiency of the legal framework is significant. I urge your Lordships to support this sensible and pragmatic change, which would uphold the principles of legal certainty and good governance. If the Minister is unable to agree with my proposed definition, I hope that he will at least take on board our concerns about the definition of premises and look to bring forward an improved definition on behalf of the Government so that we can get the Bill right. I will now speak to Amendment 3, tabled by the noble and learned Lord, Lord Hope of Craighead. This amendment proposes to include in the definition of building any permanent or temporary structure. This amendment draws inspiration from Section 30 of the Building Safety Act 2022. It seeks to clarify that the public protection requirements should apply not only to permit edifices but also to temporary structures, such as those erected for events such as Christmas markets or other seasonal activities. I commend the intention behind this amendment. The safety and protection of the public must be at the heart of any legislation concerning the built environment. Temporary structures often serve as focal points for large gatherings, where the potential risks associated with terrorism can be just as significant, if not more acute than in permanent buildings. When saying this, I have in mind the horrific terrorist act on 20 December 2024, in which a large 4x4 was driven into a crowd at a Christmas market in Magdeburg in Germany, killing six people and injuring at least 299 others. Equally, we saw over the Christmas period a vehicle attack in New Orleans. I can fully understand why the noble and learned Lord, Lord Hope, has tabled his amendment, which is similar to mine, and aims to probe whether the scope of this Bill will apply to temporary structures. I will also speak to Amendment 20, tabled by the noble Baroness, Lady Hamwee, to Clause 5. This amendment seeks to leave out the words “immediate vicinity” and replace them with “or at the event”. This is a probing amendment, intended to clarify the scope and meaning of the term “immediate vicinity”. I commend the noble Baroness for bringing forward this important question, as the phrase “immediate vicinity” is inherently vague and open to interpretation. When drafting legislation, particularly provisions that relate to events, gatherings or the use of premises, clarity is paramount. The lack of a clear definition raises several practical concerns. First, from an enforcement perspective, ambiguity around the term “immediate vicinity” may cause confusion for regulatory authorities and event organisers. How far does “immediate” extend—is it 10 metres, 100 metres or further? Does it take into account natural barriers, such as walls, fences or roads? Without clear guidance, there is a risk of inconsistent application and potential disputes. Secondly, for those responsible for ensuring public safety or compliance with regulations, the lack of a defined perimeter could lead to uncertainty. Event organisers need to understand precisely which areas fall under their responsibilities for security, crowd control and other measures in this Bill. A clearer definition would also aid in drafting licensing conditions and emergency response plans. Thirdly, we must also consider the practical realities of modern events, which are often sprawling and multifaceted. Many public events, such as festivals, markets and sporting events, naturally extend beyond a single well-defined boundary. In such cases, the concept of “immediate vicinity” may prove too narrow to cover all relevant areas where public safety measures are required. By replacing “immediate vicinity” with “or at the event”, this amendment seeks to broaden and clarify the scope, making it more effective for the diverse nature of events and gatherings. In the context of this discussion, we need to be very clear about which premises will be affected by the Bill. I have used my amendment to probe this, alongside the other noble Lords who have tabled amendments in this group. There may be existing regulatory frameworks that adequately address the safety requirements for temporary structures, such as those enforced by local authorities or event-specific safety regulations. Care must be taken to avoid unnecessary duplication which could impose additional and potentially disproportionate administrative burdens on organisers of short-term events. In conclusion, I wish to use my amendment to open a discussion on the nature of a premises. I commend the spirit of the amendments from other noble Lords, which also seek to address this issue. I look forward to hearing from them and would encourage ongoing dialogue with stakeholders to explore how best to address the safety concerns around temporary structures, without placing undue burdens on event organisers or enforcement bodies. I beg to move.