Housing Associations and Public Contractors: Freedom of Information

Debate between Andy Slaughter and Chloe Smith

Wednesday 6th March 2019 Westminster Hall

[The Parliamentary Secretary, Cabinet Office (Chloe Smith)]

It is a pleasure to serve under your chairmanship, Mr Betts, and I thank you for that reminder. I thank the hon. Member for Hammersmith (Andy Slaughter) for his points. I know that his thoughtful presentation follows on from the work on his private Member’s Bill. I also thank the hon. Member for Cambridge (Daniel Zeichner). As he noted, we have looked in some detail at an issue regarding one particular examination board, but if he will forgive me, this afternoon I will focus on responding to the more general points that have been raised.

Freedom of information is, of course, one of the pillars on which open government operates. The Government are committed to supporting the effective operation of the Freedom of Information Act 2000. That Act has been in operation for more than 10 years. It received post-legislative scrutiny by the Justice Committee in 2012, and it was reviewed by the Independent Commission on Freedom of Information in 2016. One of the key questions raised by the hon. Member for Hammersmith is whether the time is right for an overall review of the Act, and I point him towards that work from 2016. It considered whether the Act still ensures an appropriate balance between transparency and the need for a private space—for example for advice and discussion—as well as whether the costs of freedom of information are proportionate to its many benefits.

The Government welcomed the commission’s focus on enhancing transparency, which went a little wider than just the 2000 Act. The Information Commissioner’s Office has added an important piece of research to the scrutiny of that Act with its recent report, and I am grateful to the commission and the commissioner for their work on a significant and complex matter. I will respond to that report shortly—I am sure hon. Members look forward to having that response on their bedside tables, just as they did the report itself.

As the Information Commissioner identified in her report, since the passage of the Freedom of Information Act, the UK has been at the forefront of opening up data to allow the public and press to hold public bodies to account. The Government are among the most open and transparent in the world and remain committed to the principles of transparency and openness. We launched updated transparency principles in 2017 and it is a fact that we are publishing more data than ever. We will continue to support the effective operation of the Act as part of that.

On the question of how housing associations ought to be dealt with, we fully share the view that landlords, including housing associations, should be accountable and transparent in their dealings with tenants, and should be responsive to their needs. I am not necessarily persuaded, however, that the extension of FOI to housing associations is the sole best means of achieving that. As landlords, housing associations are private sector bodies that deliver a social benefit, rather than exercising

“functions of a public nature”

or providing public functions under contract on behalf of a public authority, as the Act says. It is important to maintain that distinction; I do not think the analogy is as simple as the second key question of the hon. Member for Hammersmith suggests.

If any Government were deemed to exercise too much control over private bodies, there would be a significant risk that they could be classified as public sector bodies. That would mean that, in this case, their private debt of about £70 billion would be added to the Government’s debt burden—the public’s debt burden. Housing associations would also be subject to public sector borrowing constraints, which would limit their ability to finance the development of new social and affordable homes. I note that housing associations deliver 93% of all new affordable homes, so it is not a small matter.

In terms of accountability, the vast majority of housing associations are voluntarily registered with the regulator of social housing and if they seek public funding, they must be registered and subject to that regime. That means that they have a duty to comply with the standards set by that regulator, including making information available to tenants about the running of the organisation. The key point is that last summer, the Government announced a review of social housing regulation that will look at how transparency and accountability for tenants can be further improved, including better access to landlord information.

As with every hon. Member, I add to the record my sympathy and personal anguish at the tragedy at Grenfell Tower. As the hon. Member for City of Chester (Christian Matheson) acknowledged, the inquiry is looking at some of the issues, including communications with residents, which specifically covers whether there was a formal system for recording concerns, what concerns were raised at the time or after the recent renovations, how and to whom any such concerns were expressed, and what was done in response.

[Andy Slaughter]

I gently say to the Minister that there are two weaknesses in her argument. First, disclosing information voluntarily, however laudable the aim or honestly done, is not the same as giving citizens the power to interrogate an organisation. Secondly, if the Minister is right—I think it was the policy of a previous Conservative Government to put the onus on housing associations, rather than councils, to deliver the lion’s share of social housing—and they are standing in the shoes of councils, there is all the more reason for them to be accountable in that way. If Scotland and other charities can do it, why does the Minister appear to envisage the risk of a housing association suddenly being classed as a public body, just because it is subject to FOI?

[Chloe Smith]

I thank the hon. Gentleman for those points and for the way he has put his arguments. I am simply saying that such issues should be considered through the review.

I am also grateful for the points added by the hon. Member for Edinburgh East (Tommy Sheppard), to whom I wish a happy birthday. I add two points in relation to the situation in Scotland. First, we are looking to see the record that will develop there. As I understand it, the provisions have not yet come into force, so we will look at how effective they are in increasing transparency. Secondly, as the hon. Member for Edinburgh East mentioned, the Scottish Government laid the planning for the consultation on these matters in 2016 and began it in 2017, so it is not a short process. I would like to think that all hon. Members present recognise that the provisions of the 2000 Act mean that such things are not necessarily quick, simple or short. I will come on a little later to how the Act may be used to extend the scope, if desired.

On contractors—the other half of the case made by the hon. Member for Hammersmith—I remind hon. Members of the arguments made by my right hon. Friend the Minister for the Cabinet Office last year about why we as a Government use outsourcing. I say “we”, but successive Governments have used it. I will use his arguments as context in response to the contextual points that have been made today. As the hon. Member for City of Chester said, we may have philosophical differences, but this is why one would look at outsourcing as a benefit to the public.

As the Minister for the Cabinet Office said,

“you can have both good and bad in both the private and the public sectors”,

as we all know from what we get in our constituency mailbags every week. He continued to say that

“what matters is that the service works for the people who use it in their everyday needs”

and that it provides

“value for money for the taxpayer.”

It is the case that

“the private sector has a vital role to play in delivering public services,”

and the Government continue to support that position, as have successive Governments since at least the 1980s, as I said.

As my right hon. Friend said, outsourcing can deliver “economies of scale” that can mean greatly better value and lower costs for the taxpayer. It is also the case that

“open and fair competition…encourages creativity and innovation”

that simply would not otherwise come about. Again, that benefits the user of that public service. The private sector can also bring

“a range of specialist skills, world-class expertise and deeper knowledge to bear on what can be complex issues.”

His argument is really that the Government

“cannot do everything by itself”,

and should not, because

“It needs the…innovation that only a…marketplace of suppliers can provide.”

In another speech last year on the subject, my right hon. Friend made the argument that small businesses and the third sector have a great appetite for taking part in providing those public services, and for a good reason. In many ways, they are often “closest to our communities” and are

“in the best…position to deliver social value”

through those contracts. That is an important further argument to think about when we look at outsourcing.

Because the Government remain committed to supporting that position, we are sceptical about the introduction of additional reporting burdens on those small organisations. We think that it would weaken the resilience of the delivery for the taxpayer, reduce the value for money that the Government can deliver for the taxpayer, and affect the support that the Government can give indirectly to those jobs when we use such suppliers.

In respect of contractors, the Government have certainly considered how best to balance the competing interests of transparency and burdens. As I have said, we recognise the importance of transparency in how public money is spent, but we are concerned about a disproportionate burden, because we do not want to discourage smaller organisations from serving the public.

[Andy Slaughter]

I am listening to the Minister’s argument, but again, I thought I had dealt with that point in my speech. The majority of inquiries will be about the major contractors that take the lion’s share. I entirely take her point about small contractors, but my Bill would put the onus and the responsibility for the cost on the public authority to do that, so there is a way round it.

Voter ID Pilots

Debate between Andy Slaughter and Chloe Smith

Monday 23rd April 2018 Commons Chamber

[Chloe Smith]

The Electoral Commission has been calling for this change since 2014. The Government are responding to that call for change by introducing policies that ask voters to produce a proportionate and reasonable form of identification, such as they would do for other routine activities in daily life. We think that is the right thing to do and we are pleased to be able to work alongside the Electoral Commission and Crimestoppers, as I mentioned, to combat electoral fraud.

[Andy Slaughter (Hammersmith) (Lab)]

We have a very robust electoral system in this country, and the Minister is insulting highly competent electoral registration officers by purporting to solve a problem that does not exist. The 38% turnout in the last local elections in Hammersmith ranged from 13% in deprived areas to 50% in prosperous areas. Why does she not do something to increase turnout, especially in deprived areas, rather than trying to suppress it?

[Chloe Smith]

This policy is in no way about suppressing votes. It is a huge shame that any voters listening to this debate today will hear one side of the House talking their prospects down and saying that they are somehow unable to produce the kind of ID that we routinely produce in everyday life. The five co-operating local authorities have come forward to run the pilots because they can best serve their citizens by doing so and providing alternative arrangements.

Infected Blood Inquiry

Debate between Andy Slaughter and Chloe Smith

Thursday 29th March 2018 Commons Chamber

[Chloe Smith]

The inquiry will specifically be about the cause and conduct in respect of the problem as is it has unfolded over the years. As my hon. Friend and the House will be aware, other present-day policy questions arise as to what is available to the victims of this scandal. I know that my colleagues in the Department of Health and Social Care will have listened to what he has said today and will be keen to continue to provide that assurance to the House also.

[Andy Slaughter (Hammersmith) (Lab)]

The Minister will realise that those affected by the contaminated blood scandal have very low levels of trust in the Government and other authorities, not least because they have been literally short-changed over so many years. Today’s announcement is good, but will the Minister say whether the Government will make funds available going forward, particularly to fulfil any recommendations made by the inquiry?

Contaminated Blood Inquiry

Debate between Andy Slaughter and Chloe Smith

Monday 29th January 2018 Commons Chamber

[Chloe Smith]

Mr Speaker, I do not think we will need to trouble either you or hon. Members for another urgent question. I do expect us to be able to return promptly to the House with an update—the update that the House rightly asks for and our constituents and the victims of this scandal rightly require. We are working hard and fast so that victims come first and can be served by a judge as quickly as possible.

[Andy Slaughter (Hammersmith) (Lab)]

With respect, the Minister has said nothing to advance this matter today. I have been supporting affected constituents with declining health for eight years, which sounds like a long time but is a fraction of the time that victims have waited for justice. Does she now regret the four-month delay in moving the inquiry from the then Department of Health to the Cabinet Office, which my hon. Friend the Member for Kingston upon Hull North (Diana Johnson) asked for last July?

[Chloe Smith]

I am not sure that the hon. Gentleman’s tone is helpful. I have endeavoured to answer every question as constructively as I possibly can. I think I have made clear my personal commitment, as well as the Government’s, to ensuring that the matter is brought to a conclusion as quickly as possible for the benefit of the victims, for whom every hon. Member present wishes to speak. The Government have listened and responded by making the inquiry judge-led, which is the right thing to do. They have listened and responded by removing responsibility for the inquiry from the Department of Health and giving it to the Cabinet Office. It has been important to take what little time has been needed to get that right, so that we can have a better inquiry that better responds to what victims have been asking for.