Social Housing Bill [HL]

Lord Holmes of Richmond Excerpts

Committee stage
Monday 15th June 2026 Lords Chamber

Moved by

[Lord Holmes of Richmond]

48: Clause 11, page 11, line 36, at end insert—
“171E Blockchain audit trail for disposal notifications(1) The Secretary of State must by regulations require each private registered provider to maintain an immutable distributed ledger record (“the disposal audit trail”) in respect of every sale notice given under section 171A.(2) The disposal audit trail must record—(a) the date on which each sale notice was given and to whom;(b) any response received from a local housing authority or other notified person within the period specified in section 171A(3);(c) the outcome of the proposed sale, including whether the dwelling was acquired by a notified person and retained within the social housing sector.(3) The Secretary of State must publish annually an analysis of disposal audit trail data, cross-referenced with local housing need data, identifying areas of net social housing stock loss.(4) Records in the disposal audit trail must be cryptographically secured against retrospective alteration and retained for not less than 12 years.”Member’s explanatory statement
This amendment requires private registered providers to maintain a tamper-proof blockchain audit trail of all section 171A disposal notifications, recording responses and outcomes. It also requires annual publication of disposal data cross-referenced with housing need, identifying areas of net stock loss.

[Lord Holmes of Richmond (Con)]

My Lords, I will speak to Amendment 48 and all other amendments in my name in this group. All the amendments in this group, whether they concern AI, data or interoperable systems, are predicated on a number of straightforward questions. Do we believe that, when it comes to social housing, for those providing and maintaining social housing, and for those tenants living in social housing, the considered and thoughtful deployment of AI, data and new technologies could be assistive in those endeavours? If we believe that there is something in that then we should look to the Bill, as currently drafted, and see that it is curiously silent on all these new technologies and data possibilities.

That is important, not just because there is currently nothing in the Bill on those matters but because the Government’s stated position on artificial intelligence is to not have cross-sector AI legislation. There is nothing unusual or party political in this; it is exactly the same position that the previous Government adopted. However, I believe that both Governments have taken a suboptimal and unfortunate approach to AI regulation and legislation in this respect. If we accept the position of the current Government—no cross-sector AI legislation and a domain-by-domain approach—here we have such a domain, social housing, so where are the domain-specific AI provisions in the Bill?

In looking at the amendments I have set out, it is helpful to take a purposive rather than literal approach to their interpretation. This is always a far more productive approach, whether one is doing statutory analysis or Bill consideration. To that effect, on Amendment 48, we can take out the technology blockchain and simply ask whether it would be beneficial to have a system of audit trail in these circumstances that is tamper-proof and immutable, and a record of which everybody has the same view in real time, at any time. Would that be a positive thing to have? Similarly, when it comes to using data, having the right mechanisms and frameworks for sharing data across agencies and departments for the benefit of housing associations, landlords and tenants, with all the right privacies and consents put in place, is at least worth considering.

Amendment 60 is about zero-knowledge proofs. Would it not be worth the Government at least considering whether they could provide—and through their action enable housing associations, landlords and other interested parties to have—a far safer and more secure means of supporting and assisting tenants, particularly vulnerable tenants, who are often at the sharpest end of horrific situations in our society? Would not zero-knowledge proofs be worth considering and potentially piloting? We could have credentials which could enable support and assistance to be provided for those vulnerable tenants without any sense of being able to identify who they were.

If we suggest that AI may be of benefit, it would make sense to experiment and look to proof cases across the social housing landscape. If that were the case, would it not be helpful for government to offer flexible support and guidance—not prescriptive but certainly principles-based—to further enable and empower housing associations and landlords to have greater comfort and confidence when they seek to procure and deploy AI and algorithmic systems across their operations?

All these amendments have the potential to support and assist the underlying approaches set out in the Bill and the landlords and housing associations that seek to do best by their tenants, and indeed to empower and enable tenants themselves—yes, to have greater safety, security, privacy and protection, but also to have more empowerment through the considered development, proof case and deployment of certain technologies, including AI, in this space.

If the Government are not going to have cross-sector AI legislation, which they are not, what will the approach be to AI use for social housing, so that tenants can be protected and so that, through the deployment and use of predictive analytics, for example, potential horrific harm situations can be avoided before they even occur? Similarly, predictive analytics could produce a repair schedule that kicks in before the need for any of those repairs becomes acute. Those are but two examples—there are hundreds and thousands more.

How will tenants, landlords, and anyone else across the social housing ecosystem be enabled, empowered and supported, and have the comfort and the confidence to use and to be alongside these new technologies, not least AI, if the Bill stays silent on these important matters?

[Baroness Coffey (Con)]

My Lords, in this group I have Amendment 114, which is about freedom of information.

I start by commending my noble friend for being forward-thinking in his consideration of AI and the impact it will have. I particularly like his Amendment 99. I appreciate that his explanatory statement says:

“Compliance with the standard is a precondition for any AI deployment in connection with functions under the Act”.


However, the broader point made is simple and straightforward, and would help not only central government but local government and those involved in more regional planning, as is anticipated, with Acts already passed in this Parliament, to have a better grip of what is going on. Having said that, I am surprised by quite how many Answers come back from Ministers—not necessarily the Minister answering today—saying that it would cost too much money to work out an answer to a Question tabled by a Peer. Let us get AI, or indeed data, to help us in this regard.

I turn now to Amendment 114, which again is quite a broad-brush amendment about the Freedom of Information Act. Recognising the special situation that private registered social housing providers are in, I think there is something more that we, the public, should be able to understand about how they operate their business. This is not unique; it is already undertaken in Scotland. In 2019, the Freedom of Information (Scotland) Act was extended to include registered social landlords. This was done on a limited basis—not the entire range of what the FoI Act does in the rest of the UK, or certainly in England and Wales—but it is there to increase openness and transparency by allowing people to understand how they work, how decisions are taken, how public services are delivered and how they spend their money.

--- Later in debate ---

[Baroness Taylor of Stevenage (Lab)]

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.

[Lord Holmes of Richmond (Con)]

My Lords, I thank all noble Lords who have taken part in this debate and thank the Minister for her response. My only comment is on the Minister’s statement that landlords and those in social housing should observe UK law. The difficulty is that, when it comes to so many elements of AI, there is no UK law. If tenants find themselves on the wrong end of an algorithmic decision, for example, there is no current UK law. There are some provisions, as rightly identified, when it comes to data, but not in many of the specific contexts as set out. So, currently, we have a largely analogue Bill in an increasingly digital environment, where much of that digital could be so assistive, not only to landlords and those involved in social housing but, most importantly, to those who are all too often at the sharpest end of some horrific situations where digital and AI could help. Currently, this Bill does not bring forth any of that potential help, but, for now, I beg leave to withdraw the amendment.

Amendment 48 withdrawn.