Health Protection (Coronavirus, Restrictions) (England) (Amendment) (No. 2) Regulations 2020

Lord Bethell Excerpts

Monday 15th June 2020 Lords Chamber

Moved by

[Lord Bethell]

That the Regulations laid before the House on 13 May be approved.

Relevant document: 15th Report from the Secondary Legislation Scrutiny Committee

[The Parliamentary Under-Secretary of State, Department of Health and Social Care (Lord Bethell) (Con) [V]]

My Lords, the amending regulations we are discussing were made by the Secretary of State on 13 May. These remain an exceptional and necessary package of measures brought forward to protect public health. As noble Lords will be aware, we have been moving—in the phrase of the moment—at pace. The regulations we are debating have been amended two further times since, on 31 May and 12 June. This is an unusual situation, so I will address this early in my speech because I know that it is a cause of concern.

This sequencing has been a necessary consequence of the speed at which the Government have had to respond to the changing impacts of the pandemic on our country. Use of the emergency procedure has rarely been so necessary. It has enabled us to move quickly to bring about essential measures, and to begin a cautious return to normality and to reopen the economy as soon as the science has allowed. In more usual times we would have run the processes in sequence, whereas in Covid time we have to run things in parallel. These are not usual times.

It may feel extraordinary that these processes are so out of synchronicity and there will be those who feel concerned by the situation. However, I believe that the situation has demonstrated that our flexible unwritten constitution is a strength in extraordinary times such as these and that our parliamentary democracy can retain its oversight while bringing about measures necessary to meet these unprecedented circumstances.

Having stood at the Dispatch Box to address such statutory instruments before, I convey my gratitude to noble Lords for their time spent on scrutiny, their thoughtful informal engagement and their continued support through this challenging time. Nevertheless, I assure noble Lords that this expedited process does not set some kind of inappropriate precedent for the future, when we reach a greater state of normality.

As I mentioned, the debate will focus on the second set of amending regulations, which came into force on 13 May. These amendments to the regulations follow the Statement made by the Prime Minister to the other place on 11 May regarding the Government’s road map to ease restrictions over the coming weeks and months. The measures I will outline are a small first step in this plan.

We have now exited phase 1 of recovery and have entered phase 2. Phase 2 involves gradually replacing the current social distancing restrictions with smarter measures that have a greater effect on controlling the pandemic, but at the lowest epidemiological, economic and social cost. Over time we will introduce more localised measures, supported by widespread, accurate monitoring of the disease.

The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 have been a huge success, thanks to a tremendous public effort to follow the measures that they put in place. The regulations have been instrumental in helping to reduce the rate of infection and avoid overwhelming our NHS. The total numbers of cases and new hospital admissions per day have now slowed significantly. The estimate of R remains between 0.7 and 0.9; crucially, it is below 1. As of 12 June, the estimated average number of people in the community with Covid-19 was 33,000, down from 152,000 between 27 April and 10 May. Public support for, and compliance with, these measures has been extremely positive. Fewer than 16,000 fixed penalty notices have been issued under these regulations—a strikingly small number, considering the massive impact on the behaviours of the nation. I am incredibly proud of our national effort and grateful to fellow parliamentarians, from Westminster and the devolved assemblies, for their support in this process when faced with difficult choices.

The amendments to the regulations that came into force on 13 May were made to reduce the social and economic impact of the measures where it was safe to do so; to ensure continued compliance; and to provide some points of clarity. We are all aware of the substantial cost to our economy that we have had to accept. I am sure noble Lords will be supportive of efforts to protect and restore people’s livelihoods. The Government have been paying close attention to the measures, assessing them to ensure that they continue to be necessary and proportionate. We know that these unprecedented measures have placed a great burden on people, society and business. None of us wants to maintain that burden longer than it is needed to protect the nation and our NHS. The question to be considered each time the regulations are reviewed is whether the restrictions and requirements contained in them remain necessary to prevent, protect against, control and provide a public health response to, the incidence and spread of infection. Each restriction and requirement must be judged by reference to its continuing necessity and be based on the available information at each stage about the effectiveness and impact of the measures. The Government keep their necessity and proportionality under consistent consideration between the formal reviews. Every review and decision is based on the most up-to-date evidence available at the time it is undertaken. Working alongside scientists and experts, we must act swiftly as we develop a better understanding of the virus and how it affects us, clinically, socially and economically.

As I outlined earlier, two further sets of changes to the regulations came into force on 1 June and between 13 June and today. Both sets of amendments will be debated by this House in due course. I am grateful to noble Lords for their continued understanding of the necessity of making such changes quickly, so that we can support people and businesses to begin their recovery from the effects of this terrible virus. There are no easy judgments or choices at this time, and I welcome the scrutiny that this House will rightly exercise on each set of amendments. I look forward to continued engagement and dialogue with noble Lords as further amendments are made in the coming months, in line with the priorities set out in the Government’s recovery strategy. I beg to move.

--- Later in debate ---

[Lord Bethell [V]]

I want to say a profound thank you to noble Lords because this has been an interesting and wide-ranging debate on these important statutory instruments. Despite the unusual sequencing of regulations and debate, I restate the Government’s commitment to working with Parliament in developing the policies that find expression in the legislation we debate in this House.

The amendments we debated today are a cautious step towards returning to normal life. We are beginning to move along the Government’s road map to easing restrictions. We are listening to the scientific evidence and making changes only when we are confident that it is safe to do so. To reassure the noble Lords, Lord Hunt and Lord Scriven, we remain committed to openness and transparency.

Although they do not form part of the specific measures scheduled for debate today, I will address some of the issues highlighted by noble Lords regarding this gradual relaxation. The noble Baronesses, Lady Jolly and Lady Tyler, touched on the crucial issue of social contact. We know that many people are lonely and isolated as a result of lockdown. That is a particularly significant issue for those who live by themselves. We acknowledge that the introduction of support bubbles for single adult households will not help everyone and it will continue to be difficult for those who are not able to benefit from this change. But we cannot risk throwing away the progress that the British public have made. We are focusing today on taking a cautious step to help those who are isolated and living alone, and lone parents who do not have childcare support.

The Government’s recovery strategy has set out an intention to open non-essential retail from 1 June where it is safe to do so and subject to those retailers following Covid-19 secure guidelines. All non-essential retail is now open. To those noble Lords who voiced concern about the economy, this is a significant milestone in our plans to restart the economy. Our non-essential retail task force is considering how the remaining retail environments, such as hair and beauty salons, can reopen safely in line with the phasing ambitions and public health guidance.

The Government completely understand that the impact of the lockdown on the hospitality industry is profound, and I recognise the commercial logic of my noble friend Lord Naseby. But there is no escaping the fact that restaurants and pubs are naturally crowded and require contact between people, which means that they create an infection-rich environment where it is much more difficult to socially distance. That is why we have established a pubs and restaurants task force to consider how these businesses can reopen safely, in line with the road map and scientific advice.

I am grateful to people of all faiths for the patience they have shown during the lockdown, and I am very pleased that we been able to reopen places of worship for individual prayer this week. In response to my noble friend Lady McIntosh, the virus is communicated by the infected person’s airborne droplets, so it is sensible that activities that generate substantial outward breathing, such as singing, should be restricted. However, I reassure my noble friend and the noble Baroness, Lady Uddin, that we hope to be able to reopen places of worship fully when this is supported by the science. I am grateful to the places of worship task force for its continued engagement.

To reassure my noble friend Lord Blencathra, based on the scientific assessment that people generally develop symptoms and cease to be infectious within 14 days, the NHS Test and Trace programme can identify people at risk of infection and, if necessary, advise them to self-isolate. As a result, we can effectively reduce the spread of the virus and maintain transmission at low levels. We have stood up a brand new, large-scale national system at speed and are continuously improving it. We now need everyone to get behind the system, which has the vital function of keeping us all safe.

The noble Baroness, Lady Tyler, was right to focus on social care. The Government have set out a comprehensive action plan to support the adult social care sector in England throughout the coronavirus outbreak, including ramping up testing, overhauling the way PPE is delivered and minimising the spread of the virus, to keep people safe. The social care sector Covid-19 support task force will ensure the delivery of the social care action plan and the care homes intensive support package. This will ensure that concerted and determined action is taken to reduce the risk of transmission of Covid-19 in the sector, for both those who rely on care and support and the social care workforce.

I thank the noble Lord, Lord Campbell-Savours, for his tireless campaigning on the important issue of masks and for his impactful debate last week. The use of masks is particularly relevant for those on public transport. Social distancing remains central to our strategy and is the best way to keep safe. However, on public transport, where it is not possible to follow the guidance consistently, these changes will ensure passengers benefit from the additional protection of face coverings and help keep front-line staff safe. That is why, from today, passengers must wear face coverings when travelling on public transport in England. There are some exceptions for health, age or equality reasons. As my noble friend Lord Blencathra requested, the regulations already do not exempt all disabled people; they just make appropriate provision for those whose disabilities would impact on their ability to wear a face covering. I understand that those who can put on, wear or remove a face covering, including those with disabilities, are required to do so. I remind noble Lords that our regulations have succeeded largely because they are based on consent, rather than mandation. In response to the noble Baroness, Lady Brinton, the Government would like to continue that principle.

The noble Baroness, Lady Finlay of Llandaff, asked about the resilience of our PPE production system. My noble friend Lord Holmes of Richmond and the noble Baroness, Lady Brinton, echoed these concerns. I am pleased to say that we are building up UK manufacturing, with signed contracts to manufacture over 2 billion items of PPE, including face masks, visors, gowns and aprons, through UK-based manufacturers. The noble Lord, Lord Hunt of Kings Heath, raised an important point on borders and quarantine. On 3 June, the Health Protection (Coronavirus, International Travel) (England) Regulations 2020 were introduced. As set out in the Home Secretary’s announcement on 22 May, the regulations introduced measures to gather contact, travel and address information from travellers arriving in England and require international travellers arriving in England to self-isolate for 14 days. The new measures have been in place across the United Kingdom since 8 June. Public health is a devolved matter. The Government are therefore working closely with the devolved Administrations, which have introduced similar provisions, to create a coherent, four-nation approach, for which we are very thankful.

The noble Baronesses, Lady Thornton and Lady Jolly, and my noble friend Lord Naseby speculated as to the effectiveness of the lockdown. I confirm that, between 27 March and 8 June, 15,715 fixed penalty notices were issued by territorial police in England under the new regulations. These are very low volumes when compared with other enforcement data. Over a similar period in a normal year we would expect, on average, nearly 28 times higher. I also confirm to my noble friend that he is entirely correct: this legislation was amended to increase fines, which was designed to deter those who flout the rules. While we allow some more freedom as part of the recovery, we cannot allow that to be jeopardised by a small minority.

The noble Baroness, Lady Brinton, asked an important question about the disproportionate impact on people from BAME backgrounds. I assure her that we are working closely with policing partners to analyse the data. We are clear that nobody should be subject to police enforcement on the basis of race.

I turn now to social distancing, raised by a number of noble Lords including the noble Lords, Lord Hunt and Lord Anderson of Ipswich, my noble friends Lady McIntosh, Lord Holmes and Lord Balfe, and the noble Baroness, Lady Brinton. The Government always prescribe certain things in law and advise others as best practice in guidance. We may not have the laws to enforce the two-metre rule, but we cannot avoid the fact that the scientific assessment is clear: along with handwashing, maintaining robust social distancing is the best way to mitigate the risk of infection. In response to my noble friend Lord Balfe, I say that public support for these common-sense and effective measures remains enormous.

Timing and scrutiny were raised by a number of noble Lords, including eloquently by the noble Lord, Lord Rennard, echoed by the noble Lord, Lord Purvis of Tweed, and the noble Baroness, Lady Thornton. The regulations state that the Secretary of State should revoke restrictions at the earliest opportunity if they are no longer necessary for public health. Parliamentary scrutiny is essential, but we could not justify to the public keeping the restrictions in place for a few extra weeks while we awaited debate. A Statement has been made to this House at the earliest opportunity for each set of amendments, and I assure noble Lords that we will continue with that. In recognition of the importance of transparency in these unprecedented times, SAGE has published the statements and accompanying evidence it has reviewed to demonstrate how the scientific understanding of Covid-19 has evolved.

My noble friend Lady Stroud raised an extremely important issue on abortion. I assure noble Lords that we take issues around abortion extremely seriously. The amendment to the Coronavirus Act included extensive changes allowing nurses and midwives to certify and perform abortions, which went further than the limited coronavirus measures for home use that were eventually introduced. The coronavirus situation was very fast moving. The balance of risks for home use shifted after the debate in a way that made a reconsideration necessary, but the words of the debate were not forgotten.

As we begin to take steps towards normal life, it is vital that all these measures, including the regulations we have debated today, are kept under constant review. In response to the heartfelt and thoughtful points made by the noble Baroness, Lady Jones, and the noble Lord, Lord Scriven, on prior parliamentary authority, I reassure the House that these restrictions have been placed not only on individuals but on society as a whole, and that the Government are maintaining only the restrictions that are necessary and proportionate at any given time. As and when the science supports it, we will introduce further cautious changes in line with the steps outlined in the recovery strategy. As the noble Baroness, Lady Thornton, remarked, this will of course not be the final debate we have on these important matters. The changes to regulations made on 31 May and 12 June will be brought to the House for debate on 25 June.

This is an unusual situation, but I take some comfort from the tone of this debate. While I acknowledge the many serious challenges made to government action, this amendment has not attracted fundamental rebuttal and I think that the rhythm of these amendments, which are moving quickly in response to fast-changing and unpredictable events, has brought a degree of timely scrutiny under difficult circumstances. Therefore I will finish by recording the Government’s continued gratitude to the NHS and care workers, and to all key workers. I am very proud of and grateful to them for their continued hard work and, on behalf of all those in the House, I thank them for the sacrifice which has been so essential in our response to this crisis.

Motion agreed.