Renters’ Rights Bill Debate
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Baroness Taylor of Stevenage
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Renters’ Rights Bill
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The Parliamentary Under-Secretary of State, Ministry of Housing, Communities and Local Government (Baroness Taylor of Stevenage) (Lab)
My Lords, I thank the noble Baronesses, Lady Thornhill and Lady Scott, and my noble friend Lord Hacking, who I do not think is in his place anymore, for their amendments regarding database fees and possession restrictions.
I will start with the amendments tabled by the noble Baroness, Lady Thornhill. Amendment 223 would mandate that the database operator establishes and operates the database so that it contains entries in respect of Section 8 possession notices, with such entries to be recorded on the database within seven days of the landlord serving them. I appreciate the intent behind this amendment. We are actively exploring collecting possession information on the database. We have identified various potential benefits to collecting this data—for example, it may support local authorities in identifying where possession grounds have been misused or where tenants are at risk of homelessness. It could also be useful to prospective tenants in making choices about where to rent, so I agree with her on that.
However, our research has also highlighted some challenges, particularly around accuracy and reliance on landlords self-reporting. We will need to consider carefully how these issues could be managed. I am also keen to impress upon the noble Baroness and the Committee that we do not think the information the database collects should be on in the Bill; we discussed that on the previous group. Our research has consistently demonstrated that it is imperative that the database can be adapted to meet future needs. Therefore, the data it collects should be set out in regulations. This is already possible through the regulation-making power in Clause 78, which the Government will use to outline registration requirements. Therefore, the amendment is unnecessary.
Amendments 235, 236 and 238 to 240, taken together, propose changing the Bill’s provisions so that landlords cannot serve notice for possession under Section 8 nor be granted repossession by the courts if they are not compliant with database registration requirements. In addition, the amendments would mean not only that landlords would need to be registered but that their entries would need to be up to date in order for notices served to be valid. The amendments from the noble Baroness, Lady Thornhill, would do this by adding a provision in the Bill for updating Section 7 of the Housing Act 1988, which refers to courts’ powers to order possession to be updated to effect compliance relating to the database.
The noble Baroness, Lady Thornhill, also proposes amendments to the wording of Clause 91 so that it refers to Section 83(3) as a whole. I understand that the noble Baroness is concerned with incentivising landlords to comply with regulation and therefore sees the value in replicating some of the safeguards that have been in place for serving Section 21 notices. I agree that landlords who have not met the basic obligation of registering on the database should not be able to gain possession of a property. This is an important incentive for landlords to register and supports the role of the database in driving up standards in the sector. However, the Bill will already update the Housing Act 1988 to prevent landlords being granted possession by the courts if they do not have an active database entry for themselves and the property. This is a proportionate approach to stop landlords being granted possession where they have failed to meet their obligations.
The Bill also clearly sets out our expectation for landlords to maintain active database entries and to ensure that these are up to date. I reassure noble Lords that landlords who do not have an up-to-date entry in the database will be subject to enforcement action by local authorities. Regulations will stipulate the requirements for active and up-to-date entries, and in the meantime the criteria for gaining possession as outlined in the Bill provides an appropriate level of protection for tenants against landlords who fail to register with the database without sanctioning landlords disproportionately. We do not want to risk creating a situation where landlords cannot use Section 8 grounds but have no alternative means of seeking possession. I therefore kindly ask the noble Baroness, Lady Thornhill, to consider not pressing these amendments.
Amendments 228C, 228E, 228F, 228G and 237A were tabled by the noble Baroness, Lady Scott. Amendment 228C would remove the ability to make regulations requiring the payment of a fee as part of renewals when database entries become inactive. I understand that the noble Baroness is seeking further information on the circumstances in which a landlord could be charged a fee under the regulations made under Clause 80. It is the intention that, in addition to an initial registration fee, there will be a fee at the point of renewal. An entry will become inactive if it expires at the end of a registration period and will become active again upon renewal. Landlords will not be charged for updates between renewal points. In cases where a landlord elects to make an entry inactive because they are no longer letting the property, they will not be charged. We will set out in detail when active entries become inactive, and vice versa, in secondary legislation. Timelines for registration and renewal will similarly be set out in secondary legislation.
Amendment 228E would place a requirement on Ministers to give two months’ notice of any fee changes to landlords with an active database entry. It raises a useful point to consider as we develop the database. We agree on the need for landlords to receive clear and timely communication about any changes in fees and to understand when a fee is required. As we develop the database, we are considering the required communications to landlords to help them understand their obligations, including payment of fees. We are also considering how we can design the database to facilitate this in a timely way. As we are already considering these points as we develop our proposals for implementation, we do not consider this amendment necessary.
Amendments 228F and 228G would remove the ability to set database fees with reference to costs of enforcing database requirements and to wider PRS enforcement costs respectively. This would mean that any fees could be calculated only by reference to operational costs and functions of the database. Effective enforcement is essential for the successful operation of the database. Without it, there will be no means to take action if landlords fail to sign up or provide the correct information. We have heard throughout the passage of this Bill the challenges with local housing authority resourcing and capacity for enforcement. Removing the option to factor in the costs of checking and taking action against any non-compliance would, in the long term, leave local housing authorities out of pocket and limit the database’s effectiveness.
As for wider enforcement costs, we believe that it is right that, as far as possible, the costs of enforcement should be met by those flouting the rules. Ultimately, all landlords, as well as the public and, most importantly, tenants, benefit from a well-regulated and enforced PRS. Clause 82 provides Ministers with the option of using a proportion of fee income to provide much-needed revenue to support enforcement activity. In answer to the questions asked by the noble Baroness, Lady Scott, about fees, the fee level will not be set arbitrarily. The Bill provides that the relevant costs that can be recovered via the fee can be based on the cost of establishing and operating the database and the cost of performing the functions required under the database legislation and of enforcing the database and wider PRS legislation. We will ensure that decisions about fees take into account a range of factors, including of course the burden on landlords. Fees will be set out in secondary legislation. We are in the process of developing a calculation and structure for fees. The fee level will need to reflect the operating costs of the digital tool, which is currently in development, and may also be used to fund local authority enforcement. We are in the process of designing the database as a bespoke tool, so we are developing our understanding of what our expected costs will be. This has been set out in the impact assessment. The costs may be subject to change as our plans for delivery and implementation develop, so I am not able to give the noble Baroness an exact answer at the moment.
Baroness Scott of Bybrook (Con)
Surely there is a budget, or even a proposed budget, that will go to the Treasury to deliver this scheme.
Baroness Taylor of Stevenage (Lab)
As with all future funding for our department and every other department, spending review bids have gone in. I will take her request back to the department to see whether we are able to be any clearer on that, but my understanding is that at the moment that we are not able to give an exact figure.
Noble Lords will be aware that these database fees will be set at a later point in regulations. I stress that in setting fees, we will ensure, and we have always been clear, that the fees will be fair and take into account the cost to landlords. The noble Baroness, Lady Scott, also asked me about the accountability of the database operator. I will write to her on that point, if that is okay. For the reasons I have set out I do not think that it would be beneficial to the private rented sector database, or the reforms more widely, to place these additional limits on what relevant costs may be recoverable via the database fees.
The Bill will make it a legal requirement for residential landlords to ensure that they and their rental properties are registered on the database before a court can grant a possession order and they can gain possession of their property. Clause 91(1) amends Section 7 of the Housing Act 1988 so that a court can order possession only where there is an active entry in the database for both the landlord and the dwelling. Clause 91(1) also stipulates that possession orders made on grounds relating to anti-social behaviour are exempted from this requirement.
Lord Jamieson (Con)
My Lords, I thank all noble Lords for their contributions to the discussion on the seventh group of amendments, which addresses important changes to the rent repayment orders. These amendments seek to strengthen the mechanism by which tenants and local authorities can hold landlords accountable when they breach laws and ensure that rent repayment orders are both fair and effective.
The proposals tabled by the noble Baronesses, Lady Thornhill, Lady Taylor of Stevenage and Lady Kennedy of Cradley, raise significant points that warrant our attention. Among them, we see the suggestion to register RROs on a public database, which would make the existence of these orders transparent, allowing tenants and others to be aware of landlords with a history of non-compliance. This could serve as a powerful deterrent against landlords who might otherwise continue to disregard their responsibilities.
In addition, we see proposals to change the amount to be repaid in an RRO, as well as to extend the ability of tribunals to issue RROs in the case of non-registration on the public database. We need to ensure that the consequences for landlords are proportionate to the harm caused and that tenants receive a fair outcome. Although it is appropriate to have rent repayment orders where a tenant has been impacted or suffered a loss, as outlined so well by the noble Baroness, Lady Kennedy of Cradley, where a landlord has inadvertently breached a regulation and received a fine, but no harm has been done to a tenant, should they also receive a rent repayment order?
These Benches accept that rent repayment orders are an important tool for holding landlords to account and we welcome the intention to make these processes more accessible and transparent for tenants. However, we note that there are complex issues surrounding the practicalities of RROs, as I mentioned earlier, particularly in relation to the standard of proof and their scope.
Therefore, I ask the Government to respond to the following points. How do they propose to ensure that these amendments, particularly those relating to the registration of RROs, do not place unnecessary burdens on tribunals or create unintended consequences for landlords, who may not be aware of the rules? How do the Government intend to address the issue of non-registration on the database and the potential impact on landlords who fail to comply?
I thank the noble Baronesses, Lady Thornhill, Lady Bennett of Manor Castle and Lady Kennedy of Cradley. These are important questions and I look forward to hearing the Government’s response.
Baroness Taylor of Stevenage (Lab)
My Lords, I thank the noble Baroness, Lady Thornhill, and my noble friend Lady Kennedy of Cradley for their amendments relating to rent repayment orders. I also thank the noble Lord, Lord Jamieson, for his contribution.
I will begin by responding to the amendments in the name of the noble Baroness, Lady Thornhill. Amendment 226 seeks to extend penalties for non-compliance with private rented sector database requirements. The Bill already includes a clear, proportionate and escalating approach to penalties against those who flout the rules. For initial or less serious non-compliance, local authorities can impose a civil penalty of up to £7,000— I think the noble Baroness, Lady Thornhill, said she was beginning to sound like a stuck record; now I feel like that as well. In the case of the database, that applies, for example, to a first failure by a landlord to register.
For serious or repeat non-compliance, local authorities can prosecute or, alternatively, issue a civil penalty of up to £40,000. In the case of the database, that applies, for example, where a landlord knowingly or recklessly provides information to the database operator that is false or misleading in a material respect. We will, through the Bill, significantly strengthen rent repayment orders because we believe they are a powerful mechanism for tenant-led enforcement.
In relation to the database, rent repayment orders are available where a landlord knowingly or recklessly provides false or misleading information to the database operator. They are also available where a landlord continues to fail to register or provide the required information to the database following a first penalty. These, though, are criminal offences, and it would not be appropriate to extend rent repayment orders to non-criminal breaches of the database requirements. Rent repayment orders are intended to act as a punitive sanction against landlords who commit criminal offences. Extending them to conduct that does not amount to an offence would undermine this.
Similarly, Amendment 257 would make rent repayment orders available for initial failure to be a member of the PRS landlord ombudsman and initial failure to be registered with the PRS database. My view is, as before, that it may be inappropriate to extend rent repayment orders to these non-criminal breaches. The new ombudsman and database are fundamental parts of our reforms, and of a better private rented sector with greater accountability. It is vital that they are robustly enforced.
We think the routes of enforcement currently in the Bill represent an effective and proportionate approach. We will monitor the use and effectiveness of rent repayment orders under the new, strengthened regime and consider whether further changes are necessary. Therefore I ask that the noble Baroness, Lady Thornhill, withdraws her amendment.
Amendment 244A, tabled by my noble friend Lady Kennedy of Cradley, seeks to lower the standard of proof to which the First-tier Tribunal must be satisfied before making a rent repayment order against a landlord for an offence of illegal eviction or harassment under the Protection from Eviction Act 1977. She set out very clearly and concisely why she was putting that forward with a very convincing argument.
I am clear that illegal eviction and harassment are serious criminal offences and that offenders need to be robustly punished. I accept that this happens too rarely at the moment. We are seeking to address this through the Bill by extending civil penalties, as an alternative to prosecution, to illegal eviction and harassment offences under the Protection from Eviction Act 1977.
My noble friend pointed out that the First-tier Tribunal is not a criminal court and asked why the criminal standard of proof should apply. The rent repayment order regime is predicated on an offence having been committed, and it is an established principle in law that offences are taken to have been committed when proved beyond reasonable doubt. Creating a lower standard of proof for the same offences for a finding of guilt in the tribunal compared with the criminal courts would be confusing, inconsistent and could be subject to a successful challenge.
We are also placing a duty on local housing authorities to enforce against specified landlord legislation, which includes illegal eviction and harassment under the Protection from Eviction Act 1977, and we are looking hard at how best we can support them do so effectively. This Government are determined to bear down harder on illegal eviction and harassment. We are concerned, though, about what impact this amendment could have on the integrity of the rent repayment order regime as a whole.
Rent repayment orders are predicated on an offence being committed. As I said, they apply exclusively to criminal offences, and the penalty can be a very significant one. The changes that we are making through the Bill both double the maximum penalty to two years’ rent and extend the circumstances in which the tribunal must award that amount. I recognise that illegal eviction may be hard to prove beyond reasonable doubt, but that is not a principled reason for a civil standard of proof to apply to obtaining a rent repayment order in respect of a serious criminal offence.
The severity of the penalties that, quite properly, apply in the rent repayment order regime mean that there would be serious questions about procedural fairness should the criminal standard of proof not be required. The criminal standard of proof will of course be required when a local authority issues a civil penalty for illegal eviction or harassment under new Section 1A of the Protection from Eviction Act 1977. All the other rent repayment offences would remain to be proved beyond reasonable doubt. Making rent repayment orders for illegal eviction and harassment subject to the civil standard of proof would create an anomaly and be a departure from a well-established position, which we consider would be hard to justify. Of course, I would be very happy to meet the noble Baroness, Lady Kennedy, and Safer Renting but, for now, I ask the noble Baroness, Lady Thornhill, to withdraw her amendment.
I will end with a brief—I promise—explanation of the Government’s amendments in this area. This Government view rent repayment orders as a critical part of ensuring higher standards and better compliance in the private rented sector; that is why we have significantly expanded them through the Bill. Government Amendments 244 to 248 aim to ensure that they work as intended in their application to the offence of breaching the restricted period after relying on the moving and selling grounds of possession, and the amended licensing offences are described correctly.
Baroness Thornhill (LD)
First, I thank the noble Baronesses, Lady Kennedy and Lady Bennett, and the noble Lord, Lord Jamieson, for their excellent, thoughtful and thought-provoking contributions.
We all agree, I think, that it is really disappointing that rent repayment orders—such a valuable tool—are so rarely used. Let us hope that the changes outlined by the Minister work and that the whole renting culture changes, with tenants’ empowerment. As we have gone through this process, we are beginning to see all the impacts of the Bill and how they should all work together to produce that change; perhaps an increase in the number of RROs will be an indication that things are improving.
I follow the logic of the Minister’s arguments, as on my previous amendments, but I hope that we have given her food for thought. I withdraw my amendment.
Member’s explanatory statement
This enables a database operator to disclose information from the database to the Secretary of State.
“(aa) in line 5 of the table in that subsection, in the third column, for “control or management of unlicensed HMO” substitute “offences relating to unlicensed HMOs”; (ab) in line 6 of the table in that subsection, in the third column, for “control or management of unlicensed house” substitute “offences relating to unlicensed houses”;”Member’s explanatory statement
This updates the description of offences under section 72(1) and 95(1) of the Housing Act 2004 to reflect changes made to those provisions by clause 105 of the Bill.
Member’s explanatory statement
This amendment is consequential on the amendment in my name amending clause 99 to insert a new row into section 44(2) of the Housing and Planning Act 2016 to deal with this case.
Baroness Taylor of Stevenage (Lab)
My Lords, I thank the right reverend Prelate the Bishop of Manchester, the noble Lord, Lord Tope, and the noble Baronesses, Lady Grender, Lady Whitaker and Lady Coffey, for their amendments on the decent homes standard and standards within the private rented sector. I also thank the noble Earl, Lord Leicester, the noble Lord, Lord Cromwell, and the noble Baronesses, Lady Janke and Lady Scott, for their comments in this group. Let me say how much I agree with the right reverend Prelate’s words about the decent homes standard and how dramatically that has improved homes in the social rented sector.
Amendment 249, tabled by the right reverend Prelate, would remove the power that allows Ministers to specify in regulations what types of temporary homelessness accommodation the decent homes standard will apply to. People living in temporary accommodation deserve a safe and decent home. I therefore agree with the right reverend Prelate’s aim of ensuring that such accommodation meets minimum decency standards. I can confirm that it is the Government’s intention that as much of this sector as possible is covered by the decent homes standard—I feel really strongly about this. I was told by the Mayor of London last week that one in 21 children in London are currently in temporary accommodation; that is probably more than one in each classroom of children. It is absolutely shocking that this is the case. Of course, the long-term answer is our commitment to the biggest increase in social and affordable housing in a generation. We have already invested £2 billion in making a start to help towards that situation.
However, it is important that I say that the pressures on the supply of temporary accommodation mean it is important that we carefully consider how we apply the standard to this sector. Having this power allows us fully to examine these issues and to consult. That will make sure that we strike the right balance between improving standards and avoiding risks to supply. I am of course very happy to meet the right reverend Prelate on this issue, because we all want the same outcome. For now, however, I ask that he withdraw his amendment.
Amendment 250, in the name of the noble Baroness, Lady Grender, seeks to bring service family accommodation provided by the Ministry of Defence within the scope of the decent homes standard provisions in the Bill. I certainly agree with her that the conditions of much of the service family accommodation that we inherited were absolutely shameful. I strongly agree that we owe our dedicated military personnel and their families safe and decent homes. However, as the Minister set out when this amendment was debated in the other place, bringing this accommodation within the scope of the enforcement system established by the Bill is not the right way to achieve this. I will explain why.
Our Government are determined to deliver homes fit for heroes. Noble Lords will be aware that the Ministry of Defence has recently completed a landmark deal to bring military housing back into public ownership—the deal that the noble Baroness referred to. This represents a once-in-a-generation opportunity to provide service families with a better standard of accommodation while contributing to our economic growth mission and boosting British housebuilding overall.
Alongside this deal, the MoD has started work on a new defence housing strategy, to be published later this year, to deliver a generational renewal of military housing. In April, the MoD announced a new consumer charter for forces family housing, which will form part of the strategy. The charter will introduce consumer rights for forces families, from essential property information and predictable property standards to access to a robust complaints system.
On standards, the MoD already uses the decent homes standard as a benchmark for service family accommodation. Homes below that standard are not allocated to service personnel and their families. The MoD uses its own higher defence “decent homes plus” as the target standard for service family accommodation. As part of the new strategy, the MoD is reviewing that target standard in line with the recommendations of the excellent Kerslake review that the noble Baroness referred to and the House of Commons Defence Committee.
On the specifics of the amendment, we consider that the approach we are taking in the Bill to apply and enforce decent homes for privately rented homes is just not the right one for service family accommodation. There are particular challenges in bringing accommodation within scope of local authority enforcement, including access to the more than 6,500 homes that are located “behind the wire” on secure sites.
The Government are already taking action to ensure that service personnel and their families have homes of the quality they deserve, as part of our commitment to renewing the contract with the people who serve us. By regaining ownership of military housing, we will now be able to embark on a substantive programme of redevelopment and improvement, which will enhance recruitment and retention in the Armed Forces and, with it, our national security. My right honourable friend John Healey, the Secretary of State for Defence, has set out his commitment to improved military housing and will report to Parliament later this year, when the defence housing strategy is published. Given this, I hope the noble Baroness will agree that her amendment is not required.
Amendment 251, in the name of the noble Lord, Lord Tope, would extend the decent homes standard provisions in the Bill to Home Office asylum accommodation. This would require such accommodation to meet the decent homes standard requirements and increase the scope for enforcement by local authorities. A number of noble Lords raised this issue during the Second Reading debate. Following that debate, as the noble Lord, Lord Tope, mentioned, officials from both my department and the Home Office met London Councils and the Chartered Institute for Housing to discuss their concerns. I can assure the Committee that the Government share the objective of ensuring asylum accommodation is of a good standard. However, I do not consider that this amendment is the right way to achieve this.
There are already robust processes in place in respect of standards for all types of asylum accommodation. The contracts that the Home Office has with accommodation providers explicitly include standards requirements based on the decent homes standard, as well as the Welsh quality homes standard and the Scottish housing quality standard. Those contracts, including the standards requirements, are publicly available to view on the GOV.UK website. There is also a clear complaints process in place. Inspectors inspect the properties on a targeted and rolling basis.
There are also several reasons why the amendment would not be appropriate to bring asylum accommodation within scope of the decent homes standard provisions in the Bill. First, these provisions introduce the decent homes standard for privately rented homes in England only, whereas there is asylum accommodation across the United Kingdom. Accepting this amendment would therefore result in a fragmented system, with different standards requirements and enforcement systems applying depending on where in the United Kingdom the accommodation was based. The Government wish to avoid this.
In addition, we wish to avoid situations in which requirements to comply with the decent homes standard would mean that certain types of asylum accommodation could no longer be used, even if there was no alternative. For example, we want to end the use of hotels over time, but it is sometimes necessary to meet the legal duty to accommodate destitute asylum seekers. That accommodation might not meet the decent homes standard requirements, such as full-board hotels where there are no kitchen facilities for asylum seekers to use themselves. I appreciate that they are certainly not ideal for families seeking asylum, and they would not meet the decent homes standard. Standards requirements already apply to asylum accommodation, and there are adequate routes of redress for occupants when things do go wrong. I therefore ask the noble Lord not to press this amendment.
Amendment 252, tabled by my noble friend Lady Whitaker, seeks to bring rented mobile homes within the scope of the decent homes standard provisions. While I am sympathetic to the aims of my noble friend, I cannot support this amendment, as the decent homes standard is not suitable for mobile homes. The decent homes standard has been specifically designed to apply to residential buildings. This is integral to the design and operation of the standard. For example, the housing health and safety rating system, the assessment method that underpins parts of the standard, was specifically developed to assess health and safety risks in buildings. As a result, it is not possible to apply and enforce effectively the decent homes standard in respect of types of accommodation that are not buildings. This amendment would therefore not achieve the desired outcome of improving the quality of rented mobile homes. I am, of course, happy to discuss further with her how we might seek to achieve what she has been trying to achieve for many years. Given this, I ask my noble friend not to press her amendment.
Finally, Amendment 252A, in the name of the noble Baroness, Lady Coffey, would limit the breadth of the decent homes standard as it applies to the private rented sector. We will be launching a consultation on the content of the decent homes standard for social and privately rented homes in the coming months. We will consider carefully the responses before finalising the detail of the standard. The regulations we will make to implement these requirements will then be subject to parliamentary scrutiny through the affirmative procedure.
I acknowledge that the PRS is a diverse sector with a broad range of differing housing types, and some may have features that, as the noble Baroness rightly pointed out and the noble Earl, Lord Leicester, mentioned, make it very difficult to meet certain aspects of a decent homes standard. We want landlords to take reasonably practicable steps to bring their properties up to standard, but we will not unfairly penalise those who are unable to do so. The legislation we are introducing will therefore provide local councils with a range of enforcement tools to respond to different circumstances. We will publish statutory guidance to support councils in dealing with such issues in a pragmatic and proportionate way that is fair both for tenants and for landlords.
Accepting the amendment would result in different standards applying to different types of PRS homes, which would make it harder for tenants and landlords to understand what requirements apply, and more challenging for local authorities to enforce. As I have stated, the legislation will provide local authorities with flexibility, and we consider that this will provide a more effective and fairer way of dealing with situations when a property cannot realistically meet the standard.
As I am the MHCLG Minister with responsibility for net zero, I have a lot more information on how we intend to operate EPC and the minimum energy efficiency standards in the private rented sector, and I am happy to write to the noble Baroness with a lot more detail rather than take up the Committee’s time tonight. But on that basis, I ask her not to move her amendment.
The Lord Bishop of Manchester
I thank all noble Lords who have taken part in this debate. It has been characteristically good natured and very well informed, and I am very grateful in particular for the way the Minister has responded to the various amendments in this group.
Because we are going to have a rather late night tonight, I will not say too much at this stage. I wish to respond to some of the comments made by the noble Baroness, Lady Coffey. I did not speak to her amendment in my introduction because I did not understand it in the form in which it appeared on the Marshalled List; I am very grateful to her now.
I guess I should declare an interest: my daughter lives in a pre-1800 former gamekeeper’s cottage in a very rural part of Devon. She is not a tenant because she managed somehow to negotiate a very favourable mortgage rate with “the bank of mum and dad”, with which I think many of your Lordships will be very familiar—all too familiar, I fear. I understand the complexities of trying to get that cottage up to anything like a decent environmental standard, so I have great sympathy.
The noble Baroness mentioned in particular the Church of England’s land. The Church Commissioners, which I chaired in succession to the noble and right reverend Lord, Lord Chartres, until about 15 months ago, currently has a development land portfolio sufficient for about 30,000 homes, and we would like to develop that out to make more homes for people to live in. We recently set up a group that I am now the chair of, the Church Housing Association, which was registered with the regulator about six weeks ago. It is looking to utilise more Church land, particularly land owned by parishes and dioceses, in order to produce more social housing, particularly housing at social rent level, across the country. I am hoping to meet with Homes England and others in the near future to progress that. My own diocese is going through a very determined process of evaluating all parsonages, selling the ones we do not need and investing the money in improving the ones we are going to keep. So I hope the noble Baroness will agree that this is the right way to take these matters forward.
I am very grateful for all that has been said tonight and I look forward to meeting the Minister to further some of the conversations we have had. For the time being, I beg leave to withdraw the amendment.
Baroness Taylor of Stevenage (Lab)
I thank the noble Lords, Lord Shipley and Lord Young of Cookham, for their amendments relating to selective licensing, and I particularly thank the noble Lord, Lord Shipley, for moving the amendments from the noble Lord, Lord Young, in his absence. I thank the noble Lord, Lord Jamieson, for his comments.
Amendment 253, moved by the noble Lord, Lord Shipley, seeks to allow local authorities to use selective licence conditions to improve housing conditions. We acknowledge and share the noble Lord’s intentions to improve housing conditions. We believe that all renters deserve to live in safe, secure and quality homes. With the introduction of a decent homes standard and the application of Awaab’s law through this Bill, the Government will reform and improve conditions across the sector. We think it is important that these measures benefit all renters and local authorities in tackling poor-quality homes, regardless of whether they are in selective licensing areas.
Amendment 254, also in the name of the noble Lord, Lord Shipley, seeks to allow local authorities to increase the maximum duration of selective and additional HMO licensing schemes from five to 10 years. As many noble Lords will be aware, the Government recently removed the requirement to obtain Secretary of State approval to introduce larger selective licensing schemes. We think it is right that local authorities have greater autonomy to implement schemes provided that they meet the statutory criteria. However, we also recognise licensing schemes do, as noble Lords have said, place additional burdens on landlords. It is therefore important that local authorities monitor any schemes to make sure that they are proportionate and are continuing to achieve their aims. A maximum scheme duration of five years strikes the right balance in giving local authorities time to make this assessment, while also ensuring that landlords are not by default subject to increased regulation for prolonged periods. I therefore ask the noble Lord, Lord Shipley, to withdraw his amendments.
I turn now to the amendments in the name of the noble Lord, Lord Young of Cookham. Amendment 267 seeks to streamline the selective licensing application process and cap the total fee that local authorities can charge for licensing similar properties in a block under single ownership. The Government recognise that selective licensing imposes a burden on landlords. The financial and administrative cost can be particularly significant for large portfolio landlords, such as those operating in the build-to-rent sector.
Local authorities already have discretion to streamline licence applications and fees for landlords whose properties meet the requirements for block licences. Where appropriate and consistent with the aims of their licensing schemes, we would encourage local authorities to make greater use of block licences. This reduces the burden on large portfolio landlords and can better reflect efficiencies for local authorities in licensing such properties, for example, the ability to inspect multiple properties in a block during a single visit.
It is right that licensing schemes continue to be determined locally and that local authorities have the flexibility to decide the best application process and fees to support delivery of schemes. Placing a cap on application fees could cause issues due to regional differences in costs between local authorities and potentially undermine the success of some schemes.
Amendment 268 seeks to allow the transfer of selective licences in circumstances where the licence needs to be passed to an employee of the same corporate body. As noble Lords will be aware, under Section 91 of the Housing Act 2004, licences currently cannot be transferred, as the noble Lord, Lord Shipley, explained. A new licence application is needed where a change to a licence-holder is required after a licence has been issued. A crucial part of the application process is ensuring compliance with the fit and proper person test. This is designed to ensure that prospective licence-holders do not pose a risk to the welfare of tenants. I am sure it is not the intention of the noble Lord, Lord Young, but accepting this amendment might mean circumventing those important checks for any new licence-holders within the same organisation.
I accept that it may seem excessive for a local authority to require a full licence application to be submitted where a licence needs to be transferred due to changes in staff in cases where there are no other changes to the management or use of the property. We would encourage local authorities to take a proportionate approach in these cases, for example, by requiring only details of the new licence-holder to be provided in the application and charging a fee that covers only the essential parts of the application process, for example, the fit and proper person test.
Amendment 269 seeks to allow a local authority to grant a temporary exemption from selective licensing to an applicant where it has determined that it requires more time to process the relevant licence application. I recognise the issues this amendment attempts to address. Where a local authority has received multiple licence applications from the same applicant, it needs sufficient time to review them. As a result, applicants may receive a decision after the period they deem reasonable. I totally agree with the noble Lord, Lord Jamieson, about digitisation of this process and making the whole process more efficient.
Local authorities are already required to determine all licence applications within a reasonable time. We would encourage them to set out clearly their expected processing timelines when inviting applications. When planning a licensing scheme, local authorities should also carefully consider the level of resources needed to process applications to avoid large backlogs being created.
However, regardless of any challenges a local authority may face in processing licence applications, landlords with licensable properties should apply for licences. This ensures that they are protected from enforcement action being taken against them for having control of or managing an unlicensed property. With this in mind, I ask the noble Lord, Lord Young, not to press his amendments.
Lord Shipley (LD)
My Lords, I thank the Minister for her very full explanation. I think the best course of action would be to review in Hansard what she has said and look at ways in which we might progress some of these issues by the time we reach Report in a few weeks’ time. For the moment, I beg leave to withdraw Amendment 253.
Member’s explanatory statement
This replaces a reference to the improvement notice with the correct reference to the prohibition order.
Baroness Scott of Bybrook (Con)
My Lords, Amendment 258, tabled by the noble Lord, Lord Cromwell, aims to provide greater clarity for local housing authorities and police forces in responding to cases of illegal eviction. Illegal eviction is a serious offence; it is not simply a housing matter but often a brazen abuse of power that leaves some of our most vulnerable renters without recourse. That said, we have reservations about the practicalities of this proposal, but I have listened to the noble Lord, Lord Cromwell, having asked the noble Lord, Lord Hogan-Howe, his views on it.
In essence, the amendment would place a statutory duty on police and councils to notify each other when a complaint of illegal eviction is received, to co-operate in investigating the offence and to take reasonable steps to assist the tenant. The intent here is understandable —tenants report illegal evictions and are, as we know, bounced between bodies, with the police saying it is a civil matter and councils struggling with limited capacity. Although the intent behind the amendment is undeniably well-meaning, we just have to pause and ask whether it might inadvertently entrench confusion within the statutory framework rather than resolving it.
Without clear definitions, the proposal to impose duties on local housing authorities and police forces to co-operate and assist opens the door to operational ambiguity. What exactly constitutes “reasonable steps to assist”, and what measurable outcomes are expected from this co-operation? Without these clarifications, there is a real risk of creating more confusion for the very tenants we want to protect.
We also want to be very careful about the practical burdens. As the noble Lord, Lord Cromwell, said, both councils and police forces are grappling the whole time with existing resource shortages. This amendment adds new responsibilities without addressing the underlying issue of capacity. Should we not first evaluate whether these agencies are equipped to handle their current workload before we impose further duties? What assessments have been made of the additional resource implications of this?
There is great merit in the principle behind the amendment—namely, the need for clearer co-operation and more decisive enforcement—but there are significant questions about whether, as drafted, it achieves that aim in a proportional, workable manner.
I agree with the noble Baroness, Lady Thornhill, and I ask the Minister: is the guidance clear enough, particularly to police forces, that it is an illegal act and it is against the law? Is there enough guidance? Are they being told exactly what they have to do? Do local authorities have clear guidance about looking after the tenant, which is their responsibility if they have been evicted and they are homeless at the time? Can this not be done in a different way by insisting that the Home Office work with MHCLG to try to embed the guidance that is already there and insist that both organisations deliver what they should be delivering at the moment?
Baroness Taylor of Stevenage (Lab)
My Lords, I thank the noble Lord, Lord Cromwell, for his amendment and for meeting me to discuss it. The amendment would place a duty on local authorities and police forces to share information regarding alleged offences contrary to Section 1 of the Protection from Eviction Act 1977. I thank the noble Lord, Lord Best, and the noble Baronesses, Lady Thornhill and Lady Scott. Local authorities and police forces would also have a duty to co-operate in the investigation of these offences and take steps to prevent offences from occurring or continuing, as well as assisting tenants to gain access to properties from which they have been illegally evicted. The Secretary of State would be required to produce statutory guidance outlining how these duties would be discharged.
The Government are clear that illegal eviction is unacceptable. Changes introduced in the Bill will further empower local authorities to penalise those who illegally evict, giving them the option to issue a financial penalty of up to £40,000 as an alternative to prosecution. Illegally evicted tenants are also entitled to receive a rent repayment order. Local authorities will be provided with new investigatory powers alongside the powers that police forces have to investigate and prosecute breaches of the Protection from Eviction Act 1977.
However, I am concerned about the administrative burden that a reporting duty might place on police forces. The department is trialling approaches to improving multi-agency targeting and the disruption of rogue and criminal actors operating throughout the private rented sector. For example, Liverpool City Council’s private sector housing intelligence and enforcement taskforce—a snappy title, I know, but it does what it says on the tin—has successfully carried out joint operations with Merseyside Police and the Home Office. The Government will continue to explore how we can encourage more effective collaboration between the police and local authorities.
I am happy to add this topic to the agenda for the meeting that I have already agreed to with my noble friend Lady Kennedy and Safer Renting, and to take another look at the existing guidance to make sure that it does what it needs to do. With that said, I respectfully ask the noble Lord, Lord Cromwell, to withdraw his amendment.
Lord Cromwell (CB)
I thank the noble Lord, Lord Best, and the noble Baroness, Lady Scott, for their contributions.
I do not want to detain the Committee too long, but I say to the noble Baroness, Lady Scott, regarding her comments on co-operation and working it out in detail, that we found, in trying to specify every detail of what would go into the database, that it is much better to let the two responsible bodies work it out for themselves. They are grown-ups and they can work that out.
With regard to it being a further duty on the police, it is not a further duty but an existing one; it clarifies what they are supposed to be doing. I do not want to pray in aid the noble Lord, Lord Hogan-Howe, too much in his absence, but he certainly felt that that was a realistic thing that they could deliver without their resources being too stretched.
Sharing information and co-ordination is something that we ought to be able to take for granted, but it is a “nice to have”. The really important bit is that they intervene when people are being illegally evicted and that the police take that responsibility firmly on themselves. That is currently not the case, because they still have this ingrained idea that it is a civil offence, not a criminal one, which is incorrect.
That said, I am grateful to everyone for their comments. I look forward to the meeting. I am grateful to the Minister for agreeing to meet the tenant groups, which are passionately convinced that this amendment is essential. On that basis, I beg leave to withdraw the amendment.
Lord Jamieson (Con)
My Lords, we all want to see energy efficiency, better homes for tenants and reduced fuel poverty but, as we discussed earlier this evening, this needs to be done in an affordable and pragmatic way that does not force older, rural and heritage homes out of the rental market. Amendment 259 in the name of the noble Baroness, Lady Bennett of Manor Castle, seeks to extend the powers of local housing authorities to use available data to enforce and exercise their functions under the Energy Act 2011. As the noble Baroness has established, that Act provided obligations on landlords to meet certain energy efficiency requirements for their properties before they are able to let their properties to tenants.
Clause 134 already enables local housing authorities to use the information they possess to enforce housing offences and other functions under a wider range of legislation than was previously permitted in the Housing Act 2004. This amendment would therefore extend the already expanded remit of Clause 134 to the domain of energy efficiency. We understand the intentions of the noble Baroness in this amendment and will be interested to hear the response from the Minister.
However, I question the necessity of the amendment. The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015, made under the Energy Act 2011, already provide for the energy efficiency regulations to be enforced by local authorities in the case of domestic private rental properties and by trading standards in the case of non-domestic private rental properties. Those enforcement authorities are empowered by the 2011 Act to impose monetary penalties of up to £5,000 for any landlord who breaches the energy efficiency regulations. Given the powers that already exist and the highly significant changes to energy performance certificates that the Government plan to implement, this amendment appears unnecessary.
A review of energy efficiency improvements required and the methods for funding these improvements would be more appropriate, which is why we support Amendment 274 from the noble Baroness, Lady Hayman, supported by my noble friend Lady Penn. This amendment would simply require the Secretary of State to publish a roadmap for using private finance initiatives to provide the funding for any required improvements to energy efficiency for the private rental sector. This is a sensible and measured approach to the issue at hand, as opposed to any prescriptive requirements. I look forward to hearing the Minister’s response.
Baroness Taylor of Stevenage (Lab)
My Lords, I thank the noble Baronesses, Lady Jones of Moulsecoomb and Lady Hayman, for their amendments relating to minimum energy efficiency standards, and the noble Baroness, Lady Bennett—who I think described herself as the Green night owl—the noble Baroness Lady Grender and the noble Lord, Lord Jamieson, for contributing to the debate.
I turn first to Amendment 259 in the name of noble Baroness, Lady Jones of Moulsecoomb. This amendment would allow information given to local authorities by tenancy deposit scheme administrators to be used by local authorities for a purpose connected with their functions under the Energy Act 2011, including enforcement against breaches of minimum energy efficiency standards under the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015. I reassure the Committee that local authorities are already equipped to enforce the private rented sector minimum energy efficiency standard of an EPC rating of E.
In February, a consultation was published to amend regulations and raise energy efficiency standards in the private rented sector, addressing fuel poverty and carbon emissions. The consultation proposes that local authorities will be empowered to issue fines of up to £30,000 for non-compliance with the new minimum energy efficiency standards in the private rented sector. To respond to the point from the noble Baroness, Lady Grender, officials from the Department for Energy Security and Net Zero are exploring support for enforcement in collaboration with stakeholders, including local authorities.
Local authorities often identify non-compliance during other property engagements and can take appropriate action. A local authority may issue a compliance notice to a landlord suspected of breaching the energy standard. If the landlord fails to comply, the authority has the power to issue a penalty notice. Of course, I recognise the value that data plays in aiding enforcement, which is why we have widened access to information for other enforcement purposes through the Bill. For these reasons, I ask the noble Baroness, Lady Bennett, on behalf of the noble Baroness, Lady Jones of Moulsecoomb, to withdraw the amendment.
Amendment 274, from the noble Baroness, Lady Hayman, would require the Secretary of State to publish a road map for scaling up private finance initiatives to support the funding of energy-efficiency improvements in privately rented homes within six months of the passage of the Bill. I strongly support improvements to energy efficiency in privately rented homes. The Government have pledged to take action to stand with tenants and deliver the safety and security of warmer, cheaper homes. In February, we published our consultation on improving energy-efficiency standards in the private rented sector in England and Wales. The consultation closed on 2 May. We are analysing the responses and expect to publish a government response later this year.
I appreciate the intention behind the amendment, as we recognise the important role that private finance will play in supporting the private rented sector to meet the proposed energy-efficiency standards. We are currently considering the consultation feedback and options to further support landlords to make the necessary improvements to their property. I believe that the amendment is not necessary as the information on support, including private finance to fund energy-efficiency improvements in privately rented homes, will be available shortly.
Baroness Bennett of Manor Castle (GP)
My Lords, I thank the Minister for her response and everyone who has taken part in this short debate, which was marked by a remarkably strong degree of agreement. Everyone agrees that home energy efficiency is something on which we really need to take vital action. I was reminded of a stat, which I learned probably a dozen years ago, that British homes were, in terms of energy efficiency, the second worst in Europe, behind Lithuania. I am not quite sure how Lithuania has done in those 12 years since then, but I know that we have made very little progress.
I will briefly pick up a couple of technical points. The noble Lord, Lord Jamieson, and the Minister both talked about local authorities having enforcement powers or, indeed, enhanced enforcement powers. But you can take enforcement only when you have the information—the data—that enables you to know when to take action. Just guessing which might be the homes that are not great is not a really effective way to proceed.
I thank the noble Baroness, Lady Grender, for the Lib Dem support for this amendment and also for embracing Kirklees. Everyone wants to embrace Kirklees, and really where we want to get to is a situation where we can embrace every town and city in the country with the same kind of project, particularly with those street to street-type arrangements.
I have one final comment. The noble Baroness, Lady Hayman, spoke about long-term policy certainty, which reminded me of going—I think it was in 2012—to the Insulate UK presentation. It was the insulation industry’s annual expo, and the whole industry was shutting down because the funding had disappeared. That boom-bust, boom-bust has been an enormous problem. We have not mentioned this yet, but, of course, we are talking also about huge numbers of opportunities, particularly for small independent businesses in every town and city up and down the land, if we find the funding and if we find the data and the push to make it happen.
I reserve the right to come back to this to look technically at the details, but in the meantime, of course, I beg leave to withdraw the amendment.
Baroness Scott of Bybrook (Con)
My Lords, I thank the right reverend Prelate the Bishop of Manchester for this amendment on powers of entry into properties. Of course, there is a fine line here: we are trying to balance landlords’ rights to know what is going on in their properties, especially regarding enforcement, with the rights of the occupiers of the property to be informed when powers of entry are being exercised by enforcement authorities.
The amendment would remove the current requirement for a notice to be provided to both the owner and the occupier of the property before the authority can exercise any power of entry under Section 239 of the Housing Act 2004. This would mean landlords not having to be told that their property is going to be entered for survey or examination. I would argue that the owner of the property should have the right to be informed both that their property will be investigated by enforcement authorities and that the authority will exercise its power of entry into the property. This is the case as things stand now, and I believe that that is how it should remain.
Baroness Taylor of Stevenage (Lab)
My Lords, I thank the right reverend Prelate the Bishop of Manchester for his Amendment 260 and the noble Baroness, Lady Scott, for her comments. This amendment to Section 239 of the Housing Act 2004 seeks to enable local authorities to inspect PRS properties without the need to give 24 hours’ notice to property owners where the property is unoccupied, while retaining the notice requirement for tenants.
Section 239 currently requires local authorities to provide 24 hours’ notice to owners—if known—and occupiers before an inspection can take place. We are aware that the current requirement to provide property owners with 24 hours’ notice enables some unscrupulous landlords to hide evidence of breaches of PRS legislation, intimidate tenants and obstruct inspections. We recognise that the current notice requirement may, in some circumstances, hinder local authorities’ ability to address tenants’ unsafe or hazardous living conditions effectively.
While we are supportive of any efforts to improve local authorities’ ability to enforce against rogue landlords and appreciate that this amendment is in support of that objective, we must carefully consider its implications. We will continue to have conversations with the right reverend Prelate and with stakeholders, and we welcome noble Lords sharing their views on this matter so that the Government can take them into consideration. For these reasons, I ask the right reverend Prelate the Bishop of Manchester to consider withdrawing his amendment.
Baroness Scott of Bybrook (Con)
My Lords, I thank the noble Baroness, Lady Thornhill, for opening this group and introducing her Amendment 263. This amendment would require the Secretary of State to review and report on the impact of the Act on the private rented sector, including housing supply, rent levels, tenant security and regulatory burdens, within two years of its enactment.
We on these Benches do not support reviews for the sake of reviewing. They often consume time and public funds, and require precise delivery in order to answer the questions they set out to answer. However, this legislation poses a significant risk to the market. Noble Lords from across the Committee agree that we must protect tenants and ensure they have access to secure, stable and decent housing at a fair price. We have been clear this Bill does not deliver that.
The Government must review the efficacy of the Bill and be held accountable for the decisions they have taken and insisted on. To achieve this, we need a functioning market with an adequate supply of good-quality homes to meet a growing demand. Ensuring the availability of homes is key to making accommodation attainable and keeping rents affordable. Any legislation in this area must strike a difficult but essential balance between these competing interests. Only by getting that balance right can we hope to achieve an efficient and effective rental market. We, along with the many stakeholders we have consulted, believe that a review is necessary and that it should be brought before Parliament.
I am keen to know whether the Government are giving the amendments in the names of the noble Baronesses, Lady Grender and Lady Janke, serious consideration. Can the Minister say how the success of this Bill will be judged? What does success look like in the eyes of the Government?
In our view, the fear and uncertainty surrounding this Bill is already having a negative impact. On the first day in Committee, I quoted figures from Savills and I will underline them once more. According to Savills, the number of rental properties available on their books in quarter 1 of 2025 is down 42% compared with the same period in 2024. That is 42% fewer homes for families, and 42% less choice for people searching for somewhere to live. If the Government are confident in the positive impact of this Bill, what reason does the Minister have for not reviewing its effects on the housing market, specifically its impact on the availability of rental homes, rent levels, house prices and the demand for social housing? If the Bill were to have a damaging effect on the rental market, surely Ministers would want to know.
Getting this balance right is paramount. It is the difference between a functioning, accessible rental market and one that is suffocated. It is the difference between tenants being able to find a secure and affordable home, and landlords leaving the sector altogether. I look forward to the Minister’s response.
Baroness Taylor of Stevenage (Lab)
My Lords, I thank the noble Baronesses, Lady Thornhill, Lady Grender and Lady Janke, for their amendments, which propose several different types of reviews to the future Act, and the noble Baroness, Lady Scott, for her comments. I have to ask why we do not have a functioning effective rental market—we were not in government over the past 14 years.
Amendment 263, tabled by the noble Baroness, Lady Thornhill, would introduce a legal requirement for the Government to carry out a review of the Bill’s impact on the private rented sector. This review would be conducted, and subsequently reported to Parliament, within two years following the Bill’s receipt of Royal Assent. In particular, it would require the review to consider the Bill’s impact on supply, rent levels, security of tenure and the burdens on landlords. It also prescribes that the Government must consult with representatives of landlords, tenants and local authorities during the preparation of such a review.
I know the Committee shares my interest in the practical impact that this legislation will have on the private rented sector. I reassure the Committee that this interest is at the heart of the Government’s commitment to monitor and evaluate robustly the impact of our reforms. Our approach will build on the department’s existing monitoring of the housing sector. Our process, impact and value for money evaluation will be conducted in line with the department’s published evaluation strategy. Our monitoring work will make use of a range of data, including the results of the English Housing Survey, data from relevant stakeholders, including local authorities, and data generated from the reforms themselves. We will also deliver an evaluation involving extensive data collection through interviews, surveys and focus groups. These will be conducted with a range of stakeholders, such as tenants, landlords, letting agents, third sector organisations, delivery partners, the courts service and government officials. Monitoring data from existing surveys and new data produced by the reforms will supplement these findings.
I can also reassure the Committee that the conclusions of our evaluation will be published in a timely manner, in line with our broader policy on the publication of research. This includes an interim evaluation report on the processes, early impacts and intermediate outcomes, which we will produce in the early years after implementation. I hope this gives the Committee confidence that the Government’s proposed approach to monitoring and evaluation is the right one. Setting an arbitrary deadline for this process, as the amendment moved by the noble Baroness, Lady Thornhill, would do, we believe represents an unnecessary step. On that basis, I ask the noble Baroness to withdraw her amendment.
Amendment 270, in the name of the noble Baroness, Lady Grender, would mandate that the Secretary of State carry out a review of rent affordability in England, with a report to be laid before Parliament within 12 months of the Bill receiving Royal Assent. This amendment would require this review to be wide-ranging, encompassing the affordability of rents across both the private and social sectors, the impact on tenants, and regional differences. It would also require specific assessment of the effectiveness of measures to control excessive rent increases and the uptake and outcome of the tribunal.
As I already noted, the Government are committed to very robust monitoring and evaluation of the private rented sector reform programme. We will also continue to monitor trends across the industry as a whole, using a range of data sources, which include the Valuation Office Agency rental prices data, the Office for National Statistics rental price index, and data from the English Housing Survey and the English Private Landlord Survey. This will enable us to respond to unexpected impacts or unwelcome outcomes and initiate appropriate changes where these are needed.
Finally, Amendment 273, from the noble Baroness, Lady Janke, would introduce a legal requirement for the Government to produce a report on the impact of the Bill once it is an Act on different racial and ethnic groups in the private rented sector. I have already outlined at length our broader plans for assessing the impacts of the Bill. Regarding specific impacts on racial and ethnic groups in the sector, the department follows the Ethnic Group, National Identity and Religion guidance published by the Office for National Statistics. Ethnicity statistics are regularly collected and published by the department about tenants and landlords to understand the demography of the private rented sector through the English Housing Survey and the English Private Landlord Survey. This data supports our continued compliance with the requirements of the public sector equality duty and wider government responsibility by contributing to the race disparity audit.
It is also worth stressing that, in keeping with the public sector equality duty, once the Bill is an Act, Ministers will continue to have due regard to the equality impact of decisions on groups by reference to relevant protected characteristics. This includes the protected characteristic of race.
Baroness Scott of Bybrook (Con)
I understand the collection of the data, which I think is excellent so that we know what is going on, but how is that going to be scrutinised by Parliament? Will that come in a report? If it is, when will that first report come to Parliament for scrutiny?
Baroness Taylor of Stevenage (Lab)
I will write to noble Lords confirming the policy on publication of research. I think it is a matter of publication and then for Members to call it forward if they wish to scrutinise it further.
Baroness Thornhill (LD)
I thank the Minister for that. I am glaring at the noble Baroness, Lady Scott, because she filched one of the things I was going to say, but she is absolutely right—great minds think alike. Although we are coming at the Bill from completely different positions, we are agreed on this issue. Her summary of my Amendment 263 actually said it all as to why we feel we need something in the Bill.
If the Government are confident about the way they will monitor and evaluate, why not put something in the Bill? As for an arbitrary date, surely, after two years—bearing in mind that you can come back whenever you like within that period—you will have some indication of the trend. That is what is bothering us: the uncertainty and radical nature of the Bill, which we hope will be successful.
We reserve our right to come back to this issue, but for now I beg leave to withdraw my amendment.