My Lords, the noble Lord, Lord Clement-Jones, has, as ever, ably introduced his Amendments 74, 75, 76, 77 and 78, to the first of which the Labour Benches have added our name. We broadly support all the amendments, but in particular Amendment 74. We also support Amendment 144 which was tabled by the noble Baroness, Lady Kidron, and cosigned by the noble Baroness, Lady Harding, the noble Lord, Lord Clement-Jones and my noble friend Lady Jones.
Amendments 74 to 78 cover the use of the Government’s Algorithmic Transparency Recording Standard—ATRS. We heard a fair bit about this in Committee on Monday, when the Minister prayed it in aid during debates on Clause 14 and Article 22A. The noble Lord, Lord Clement-Jones, outlined its valuable work, which I think everyone in the Committee wants to encourage and see writ large. These amendments seek to aid the transparency that the Minister referred to by publishing reports by public bodies using algorithmic tools where they have a significant influence on the decision-making process. The amendments also seek to oblige the Secretary of State to ensure that public bodies, government departments and contractors using public data have a compulsory transparency reporting scheme in place. The amendments legislate to create impact assessments and root ADM processes in public service that minimise harm and are fair and non-discriminatory in their effect.
The noble Lord, Lord Kamall, made some valuable points about the importance of transparency. His two stories were very telling. It is only right that we have that transparency for the public service and in privately provided services. I think the Minister would be well advised to listen to him.
The noble Lord, Lord Clement-Jones, also alighted on the need for government departments to publish reports under the ATRS in line with their position as set out in the AI regulation White Paper consultation process and response. This would put it on a legislative basis, and I think that is fairly argued. The amendments would in effect create a statutory framework for transparency in the public service use of algorithmic tools.
We see these amendments as forming part of the architecture needed to begin building a place of trust around the increased use of ADM and the introduction of AI into public services. Like the Government and everyone in this Committee, we see all the advantages, but take the view that we need to take the public with us on this journey. If we do not do that, we act at our peril. Transparency, openness and accountability are key to securing trust in what will be something of a revolution in how public services are delivered and procured in the future.
We also support Amendment 144 in the name of the noble Baroness, Lady Kidron, for the very simple reason that in the development of AI technology we should hardwire into practice and procedure using the technology as it affects the interests of children to higher standards, and those higher standards should apply. This has been a constant theme in our Committee deliberations and our approach to child protection. In her earlier speech, the noble Baroness, Lady Harding, passionately argued for the need to get this right. We have been wanting over the past decade in that regard, and now is the moment to put that right and begin to move on this policy area.
The noble Baroness, Lady Kidron, has made the argument for higher standards of protection for children persuasively during all our deliberations, and a code of practice makes good sense. As the noble Baroness, Lady Harding, said, it can either be stand-alone or integrated. In the end, it matters little, but having it there setting the standard is critical to getting this policy area in the right place. The amendment sets out the detail that the commissioner must cover with admirable clarity so that data processors should always have prioritising children’s interests and fundamental rights in their thinking. I am sure that is something that is broadly supported by the whole Committee.
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We have an open mind on Amendment 252 because there is a balance to be struck between privacy issues and the need to ensure that service delivery and commercial activity operate on a level playing field. I listened to the passionate argument made by the noble Lord, Lord Clement-Jones, and the noble Baroness, Lady Harding, also made some powerful points on this, but I would like to hear what the Minister has to say because we need to get this right as well. We cannot have a situation where one part of the public service is holding up or getting wrong public service delivery and the operation of physical delivery services to our homes and households. With that, I am content to let the Minister have his say. I hope he gets all our names right.