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MPs demand answers over cladding fund gagging clause

A committee of cross-party MPs has written to Robert Jenrick demanding answers over the inclusion of non-disclosure agreement clauses in two cladding removal funds.

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The non-disclosure agreement clauses appear in two cladding removal funds (picture: Getty)
The non-disclosure agreement clauses appear in two cladding removal funds (picture: Getty)
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A committee of cross-party MPs has written to Robert Jenrick demanding answers over the inclusion of non-disclosure agreement clauses in two cladding funds #UKhousing

The Housing, Communities and Local Government Committee told the housing secretary the issue raises concerns that applicants, including volunteering affected leaseholders, could be “restricted from raising concerns about building safety”.

It referred to a clause in the £1bn Building Safety Fund and the £200m private sector aluminium composite material cladding fund which restricts applicants from speaking to any journalists about the project or funding agreement without prior written approval from the government.

The clause “seemingly also restricts public interest disclosure” without Homes England, the Greater London Authority and the Ministry of Housing, Communities and Local Government (MHCLG) first being given the chance to make “representations” about any disclosure, the committee’s letter said.

The government has insisted the clause does not prevent individual leaseholders from speaking to the press about their situation and said it will clarify this in future contracts.


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Mr Jenrick was asked to tell the committee the “exact wording” and “purpose” of the clause, as well as how it compares with clauses in other funds managed by MHCLG.

The committee also pressed the minister on whether MHCLG has taken any action against cladding fund applicants which have spoken to the press without permission “and in what circumstances” this might happen.

“If the ministry has no expectation of using the clause, then the committee suggests its removal from any current or future agreements for these funds,” the letter added.

Housing minister Christopher Pincher previously told the House of Commons when challenged on the issue: “If those leaseholders wish to step forward and make comments themselves, who am I to say that they should not? We live in a free country, let them speak.”

The committee’s letter, signed by chair Clive Betts, noted that MHCLG has reportedly claimed the clauses are “standard in commercial agreements”.

A spokesperson for MHCLG said: “This clause does not apply to leaseholders, who are of course free to talk the media in a personal capacity about their situation.

“The department has already written to building owners who have signed agreements to make it clear that leaseholders are not subject to these contractual provisions.

“The terms set out are standard in commercial agreements and are not specific to this fund - to suggest otherwise is misleading and inaccurate.”

Update: at 13.14pm 20/01/21

A comment from MHCLG was added to the story

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