The Parliamentary Under-Secretary of State for Health and Social Care (Jo Churchill)
I beg to move,
That the Health Protection (Coronavirus, Restrictions) (England) (Amendment) (No. 3) Regulations 2020 (S.I, 2020, No. 558), dated 31 May 2020, a copy of which was laid before the House on 1 June, be approved.
The amending regulations we are discussing today were made by the Secretary of State on 31 May and were laid before the House on 1 June. I must note that the regulations were amended again, on 12 June, with changes coming into effect between 13 June and today. Hon. Members have previously raised concerns about that sequencing, which I would like to address directly.
Mr William Wragg (Hazel Grove) (Con)
I thank my hon. Friend for giving way at this early point. I can inform you, Madam Deputy Speaker, that I do not intend to inflict a speech on the House later and will be withdrawing from our proceedings. May I just ask the Minister briefly why the Government have chosen to use the urgent procedure with regard to the regulations?
Jo Churchill
I thank my hon. Friend for that. If he will allow me to go through what I wanted to say, I hope it will be clear why we have used that procedure.
The rapid and frequent amendments to the regulations have been critical to ensuring that the Government can respond to the threat from the pandemic and its impact. The use of the emergency procedure has enabled us to respond quickly, begin a cautious return to normality and reopen the economy as soon as possible. I recognise that there may be frustrations that we have had to run parliamentary process in parallel during these unprecedented times, but I believe that we have demonstrated the advantages of our flexible constitution. I wish to make it clear that these are extraordinary times and measures, and we are definitely not setting a precedent for how the Government engage with Parliament on other matters and in more usual times. I am very grateful to all hon. Members for their patience and continued support during these difficult times.
Mr Mark Harper (Forest of Dean) (Con)
May I just pick the Minister up on the point made by my hon. Friend the Member for Hazel Grove (Mr Wragg)? The thrust of the amendment No. 4 regulations—I accept, if you will give me a little latitude, Madam Deputy Speaker, that they are not the ones that we are debating, but I think the Minister referred to them in her remarks—was announced on Tuesday or Wednesday last week. I do not see what would have prevented a draft of those regulations being laid for debate on Thursday, so that the House could have taken a decision on them before they came into force. Would that not have been better, particularly because they are legally quite complicated in how family support structures are translated into law? That would have been better for our legislative process.
Jo Churchill
I thank my right hon. Friend for those remarks. I will certainly take that back and feed it in, because I know that he is not alone in feeling that we could improve the time sequencing slightly, in order that we get to a place where these matters are debated fully. I reiterate, however, that these are unprecedented times, and being able to debate complex differences between the timings needs to be thought about.
Jo Churchill
If my hon. Friend will forgive me, I am going to make a little progress and then I will of course take another intervention.
All over the world we are seeing the devastating impact of this disease. It has already radically altered our way of life, and it has, very sadly, taken loved ones away. That is why the Government put in place social distancing measures to slow the spread of the virus and protect our NHS, in order to save lives, and they have been successful. Despite the tragic loss of life, the UK has slowed the spread of coronavirus. Our health system was not overwhelmed and it retained sufficient hospital beds, ventilators and NHS capacity. I am extremely grateful to the public for their continued compliance with these measures, which have been instrumental in us reaching this point.
Now we must begin to recover and slowly rebuild our way of life. The Government’s objective is to return to our way of life as soon as possible, restarting our economy in a safe and measured way that continues to protect lives and support the NHS. On 11 May, the Prime Minister made a statement to the House outlining the Government’s road map for easing restrictions. We have entered phase 2. This involves gradually replacing the current social distancing restrictions with smarter measures that have the largest effect on controlling the epidemic but the lowest health, economic and social cost.
Mr Wragg
I am extremely grateful to my hon. Friend the Minister, to whom I pay full tribute for her incredibly hard work, for indulging me with this intervention. Would it not be possible for the Government to at least lay a written statement on their reasoning as to why some measures have been relaxed and others have not?
Jo Churchill
If my hon. Friend will indulge me as I go through my opening speech, I will address that in my concluding remarks. There is transparency in relation to the SAGE minutes, which are readily available and give a clear example of why decisions are being made and the scientific basis for them.
We are very aware of the burdens that these regulations have placed on society and on individuals. The 1 June amendments play a significant role in reducing the restrictions and lifting some of that strain. It is necessary for the Government to respond quickly to the reduced rate of transmission and to protect individual rights. At all times the regulations in place must be proportionate and necessary. Following on from the small change made to the 13 May amendments, which were debated by a Committee of this House on 10 June, these amendments go a step further. We recognise the toll placed on individuals and families unable to meet loved ones, and have amended the regulations to allow for groups of six to meet outdoors. We hope that these amendments will relieve that burden to some extent.
I will now outline the changes made on 1 June, which include allowing increased social contact outdoors, in either public or private space, for groups of up to six people from different households; enabling elite athletes to train and compete in previously closed facilities; opening some non-essential retail while expressly providing for businesses that remain closed; ensuring that venues such as community centres can open for education and childcare services; and ensuring that those required to self-isolate on arrival in the UK can stay in hotels. We have also amended the maximum review period to 28 days. This longer review period ensures that we will be able to fully take into account the impact of any previous amendments before making further changes.
Sir Charles Walker (Broxbourne) (Con)
I have looked at the regulations. Am I right in thinking that people are still prevented from staying over at a friend’s house or a partner’s house, or has that been amended as well?
Jo Churchill
It is my belief that they can stay over if they are within the guidelines of the social bubble—that is, if they are a single person. There are several distinct areas and I am happy to discuss them with my hon. Friend, or to write to him to clarify them. They are clearly laid out in the regulation of what is or is not applicable.
The Government continue to work on the process of gently easing restrictions as it is safe to do so, in line with the ambition set out in the road map. Working alongside scientists and experts, we must act swiftly to respond to current infection levels and our assessment of the five tests that have been set out previously. I am sure that we all support the aim to protect and restore livelihoods by only keeping in place restrictions that are proportionate and necessary. We of course remain ready to reimpose restrictions if the need emerges in the future, although we all hope that that will not be the case.
Mr Harper
I am grateful to my hon. Friend for giving way. In asking her a question, may I respond to my hon. Friend the Member for Broxbourne (Sir Charles Walker)? The reason for the confusion goes back to the point that I just made. My hon. Friend asked about what has been called the “bubbling” of households, the putting of households together, which was announced at one of the press conferences last week. It has been turned into legislation, which was laid before this House on Friday, but we are not yet debating it. So we are debating one set of amendments, but a new set has already come into force and the reason for the confusion is that we are not yet debating it. I think that rather proves my point that we should really have debated that legislation in advance of it coming into force. I hope that my hon. Friend’s confusion, and he is not a man easily confused, demonstrates the point about why that is important.
Jo Churchill
I thank my right hon. Friend the Member for Forest of Dean (Mr Harper) for the clarity with which he put that.
I have already noted that further amendments were made on 12 June and have now come into force. Those will be debated by this House in due course. I am grateful to all parliamentarians for their continued engagement in this process, and for their continued scrutiny, which is rightly and importantly exercised for each set of amendments.
Jo Churchill
I thank all hon. Members who have spoken. The debate has exemplified quite how challenging and complex this situation is. Throughout it, we have discussed both opening up and not opening up at the same point. The regulations state that the Secretary of State should ensure that restrictions are lifted at the earliest opportunity if no longer necessary for public health. These measures are incredibly restrictive, and we should not leave them in place a moment longer than we need to, but we have to go with caution. Parliamentary scrutiny is essential, but we could not justify to the public keeping the restrictions in place longer while we await a debate.
The changes are broadly consistent with the road map that the Prime Minister laid out to this House on 11 May. Over the coming weeks and months, we will continue slowly to ease the restrictions put on individuals, society and businesses by the regulations, if and when it becomes safe to do so. The amendments debated today play a significant role in that gradual return to normal life. This requires a constant and careful review of the evidence and of the impact both of measures remaining in place and of the amendments we have made to them. We are being guided by the science, and the Government are making changes only where we are confident that it is safe to do so.
Peter Kyle
Let me quickly put on the record my thanks to the Minister. At the very beginning of the outbreak back in February, when the first outbreak was in my constituency, she briefed me daily and was constantly available as a source of information at that point, so I thank her.
Can the Minister explain to the House why, on issues such as zoos, in the few days it has taken to get this statutory instrument to the Floor of the House, there has already been a U-turn? Why is there so much confusion about this announcement?
Jo Churchill
I would argue that this is a dynamic situation. For example, with zoos, scientific evidence indicates quite clearly that open spaces are much safer for people to be in, so a degree of logic applies. It is very difficult to argue that we do not want things opened, while at the same time requesting that businesses and so on are opened. There has to be a degree of walking slowly, and I hope to come on to that. Several Members raised the fact that there appear to be inconsistencies, but I would argue that the Government are maintaining only the restrictions that are necessary and appropriate at any given time.
Justin Madders
I want to come in on the point made by my hon. Friend the Member for Hove (Peter Kyle). Paragraph 23C of schedule 2 deals with aquariums and zoos, including safari parks, and we just need to be clear about the Government’s position on that. Are they now saying that that paragraph is no longer going to be applicable, or are zoos part of this? I would be grateful if the Minister could clarify that, please.
Jo Churchill
Zoos have been closed as a consequence of the restrictions since they came into force on 26 March. Until 1 June, zoos were in effect closed as a consequence of regulation 6, which required people not to be outside their homes other than for a reasonable excuse. I think we would all agree that that does not include visiting a zoo. Aligned with the scientific advice on 12 June, the regulations were signed to permit outdoor areas of zoos to open, but obviously not the inside areas.
The debate today has provided an opportunity for the Government to hear the concerns of a wide range of society through the contributions made by right hon. and hon. Members, and I now turn specifically to the debate. First, I would like to say that I have heard the frustrations. Regulations have to be made urgently, given the impact they have on individual rights and to respond to the latest possible evidence. Debates are organised and scheduled through the usual channels, which, I would just say, are not always as fleet of foot as others.
In response to the hon. Member for Ellesmere Port and Neston (Justin Madders) and my right hon. Friend the Member for Forest of Dean (Mr Harper), the Secretary of State keeps the restrictions and requirements under constant consideration throughout the 28 days. It is a continuous cycle, rather than a fixed point in time for a review. If I understood the argument of my right hon. Friend the Member for Forest of Dean correctly and we took it to a logical conclusion, it would mean that as we lifted restrictions, it would actually take longer were we to be iterative over those 28 days, rather than processing easing as we currently are.
Jo Churchill
Yes, finally, although I am sure the House would appreciate it if we just pushed on.
Justin Madders
I appreciate the Minister’s tolerance in letting me intervene again. Can we be clear on the reviews? I appreciate why the Secretary of State will be doing that on an ongoing basis, but the Opposition would like to see those reviews in some documented form so that we can understand the basis on which restrictions are eased and implemented.
Jo Churchill
To that point, I will address the comments that the hon. Gentleman made about transparency. In recognition of these unprecedented times, SAGE has been publishing statements and the accompanying evidence it has reviewed to demonstrate how the scientific underpinning and understanding of covid has continued to evolve. As new data emerges, SAGE’s advice quickly adapts to new findings and reflects the situations.
I would like to turn to the impact assessments.
Julian Sturdy (York Outer) (Con)
Before the Minister moves on, will she clarify the move from 21 days to 28 days? If the matter is under constant review, which she says it is, I still cannot understand why we have moved from 21 to 28 days. Will she clarify that for me?
Jo Churchill
My understanding is that, as the situation is abating, to push the review out to 28 days while making a constant assessment is deemed the right thing to do to allow a more fluid process.
A full regulatory impact assessment is not required for regulations that last for less than a year. As the regulations are set to expire six months after they come into force, they therefore fit that criteria. However, the Government are considering the economic impact of the regulations on businesses and individuals, as well as the personal impact on those with protected characteristics, on people’s mental wellbeing and on religious groups and many others. As I say, this is an extremely testing and complex situation.
On testing, we have delivered a national response and have rapidly scaled up testing. From some 2,000 tests a day only back in March, we now have the capacity to conduct over 200,000 tests a day across the entire testing programme. Increasing our testing capacity is one of the greatest national mobilisations we have ever seen, and I thank the hon. Member for Hove (Peter Kyle) for his kind words. Back in February, the numbers of cases were such that we could trace at that point.
Moving on, my hon. Friend the Member for Broxbourne (Sir Charles Walker) said how important it is to get businesses open and to get back to work, and I could not agree more. The hon. Member for Westmorland and Lonsdale (Tim Farron) explained the challenges in the tourism industry. My hon. Friend the Member for Mid Worcestershire (Nigel Huddleston) is looking at the unprecedented impact that covid-19 is having on the tourist industry in order to deliver some of the changes that I am sure my constituency of Bury St Edmunds would like to see, as it relies heavily on tourism. I, for one, cannot wait to get back to the hon. Member for Westmorland and Lonsdale’s part of the world. The first walk we ever do when we go there is Swedish Bridge, but to go round the horseshoe or along the coffin trail would be a delight in the current circumstances.
For my right hon. Friend the Member for Forest of Dean, I can make clear that Her Majesty’s Government have given clarification on exactly what is provided for in the regulations and what we additionally suggest as guidance to come out during the review period. There is a complexity in the guidance, and I take on board his broader points. I agree that everybody has so far followed the guidance in a remarkable way.
I thank all Members for their contributions during the debate and provide assurance that we have listened and will take the House’s views into account as measures are kept under review. As I said when I opened the debate, we are incredibly grateful to the public for their sacrifices and their efforts to follow these tough measures. I also pay a fulsome tribute to our NHS and care workers and all the key workers for their ongoing hard work to keep our vital services running, to save lives and to keep all of us safe. I commend these regulations to the House.
Question put and agreed to.
Resolved,
That the Health Protection (Coronavirus, Restrictions) (England) (Amendment) (No.3) Regulations 2020 (S.I, 2020, No. 558), dated 31 May 2020, a copy of which was laid before this House on 1 June, be approved.
Madam Deputy Speaker (Dame Eleanor Laing)
In order to allow the safe exit of hon. Members participating in this item of business and the safe arrival of those participating in the subsequent item of business, I am suspending the House now for three minutes.