Contribution
My Lords, I am grateful to noble Lords for the amendments on data, digital systems and technology within the social housing framework. I thank the noble Lord, Lord Holmes, and the noble Baronesses, Lady Coffey and Lady O’Neill, for contributing.
Amendments 48, 49, 59, 60, 97 to 99, 114, 117 and 117B raise important questions about transparency, security and the effective use of data in delivering housing services. I will take each amendment in turn, beginning with Amendments 48 and 49 tabled by the noble Lord, Lord Holmes. Amendment 48 sets out the details that the noble Lord would like to be included in a ledger prepared by housing providers. It would require the Secretary of State to publish annually an analysis of disposal data, cross-referenced with housing need data, that identifies areas of net social housing stock loss.
I appreciate that the noble Lord wishes to ensure that private registered providers maintain a robust record of their disposal notices. In turn, this supports the analysis he wishes government to undertake each year on disposals, housing need and the net loss of social homes. However, again, I think we must remain alive to avoiding undue requirements on registered providers, and indeed government, and also recognise the information and data already available.
The Regulator of Social Housing already collects and publishes data annually on sales by all large private registered providers. Local authorities already, as part of the plan-making process, publish their assessment of housing need. Finally, the Government already publish on GOV.UK statistics on affordable housing supply in England, including annual social housing sales and demolition figures, and statistics on the delivery of new affordable housing supply.
Amendments 59 and 60 seek to place cyber security requirements on landlords when handling data connected to the domestic abuse protections and would require the Secretary of State to establish a pilot programme to test zero-knowledge proof techniques. I must admit, that is not a term I had heard before I got involved in this debate. It is critical that the domestic abuse protection measures work in practice. I welcome the intent of this amendment and recognise the importance of landlords working sensitively and safely with data when considering cases and making a possession claim to the courts.
Social landlords work with tenants on a range of complex issues and can make possession claims on other sensitive issues such as anti-social behaviour. They are therefore very experienced in considering these matters. As the responsible data controllers, we expect landlords to handle tenant data responsibly. Social landlords are required to handle sensitive information securely and lawfully under UK data protection law, including the UK general data protection regulation—GDPR—and the Data Protection Act 2018. These laws are regulated and enforced by the Information Commissioner’s Office.
We will be working with landlords and the wider sector to ensure effective implementation in practice. That will include considering whether additional or further guidance or best practice is needed on data protection and confidentiality to support the safeguarding of victims as a result of these reforms. It is right that these considerations are alongside wider implementation, working with the sector. I therefore ask the noble Lord not to move his amendments.
Amendments 97 to 99 and 117B, also tabled in the name of the noble Lord, Lord Holmes, seek to put in place frameworks for data handling and sharing and the use of artificial intelligence in the social housing sector. I recognise and welcome the intent behind the amendments and support the aim of ensuring effective data protections. However, the amendments are not necessary. They would introduce prescriptive frameworks for data usage in social housing decisions, which would not be the right approach to achieving the desired aims. In gathering evidence and making decisions related to social housing, individual social landlords and multi-agency partners are best placed to identify the systems and approaches that best meet their needs. Local housing authorities, registered providers of social housing and government departments must already operate within UK data protection law, and decisions on data protection are taken within that context.
On Amendment 98, AI, if used well, has the potential to make organisations more efficient, effective and innovative. However, social landlords and other agencies should continue to be mindful of their data protection responsibilities and ensure compliance with UK law. When considering whether and how to use artificial intelligence, landlords and multi-agency partners must still consider data protection, including its lawfulness, fairness and transparency. Again, the Information Commissioner’s Office has published guidance on AI and data protection within this context. The amendments take a significantly prescriptive approach, requiring social landlords and partners to work within centrally set frameworks. We are of the view that the objectives of the amendments are better achieved within the current data protection legislative framework.
Amendment 117B seeks to require the Secretary of State to publish a report on the use of artificial intelligence and cyber security governance in social housing provision. I recognise the intention behind this proposal and the importance of ensuring that new technologies are used responsibly and securely. However, I do not consider a specific statutory reporting requirement to be necessary. Social landlords already operate within established data protection and cyber security frameworks, and wider work is under way across government to consider the appropriate use of artificial intelligence in public services. This would be an additional statutory requirement and risks duplication with existing work.
The amendment tabled by the noble Baroness, Lady Coffey, seeks to bring private registered providers within the scope of the Freedom of Information Act. We have already taken forward a targeted and proportionate approach to improving transparency for social tenants through the introduction of the social tenant access to information requirements, known as STAIRs. This will ensure that private registered providers proactively publish more information about their activities and share information with their tenants on request.
Following a direction issued to the Regulator of Social Housing in September 2025, this scheme will come into force on a phased basis over the coming year. From October 2026, private registered providers will be required to proactively publish information about the management of their social housing and, from April 2027, tenants and their representatives will be able to request access to information relating directly to the management of their homes. Unless it is reasonable not to, landlords will be required to fulfil their tenants’ requests for information within set timeframes. These requirements have been carefully designed to ensure that tenants have access to the information that matters most to them. With this in mind, the Government’s view is that a targeted, tenant-focused approach through STAIRs is the more appropriate way to deliver meaningful transparency for tenants.
I turn to Amendment 117, tabled by the noble Lord, Lord Holmes, which would require local authorities to publish data on complaints received related to measures in this Bill. I hope that our commitment to introducing STAIRs demonstrates our commitment to transparency, which I share with him. However, we think it is important to look at complaints data in the round, looking at the whole service rather than focusing on specific measures. As such, the Housing Ombudsman publishes annual complaints reviews providing an assessment of complaints received across the whole sector. All registered providers of social housing are also required to collect and publish tenant satisfaction measures annually, including metrics on how satisfied tenants are with their landlord’s approach to complaints handling.
For all the reasons I have set out, while I recognise the important issues raised around data use, transparency and emerging technologies, the Government consider that these matters are best addressed through existing frameworks and ongoing policy development. I therefore ask noble Lords not to press their amendments.