Covid-19

Matt Western Excerpts

Wednesday 11th November 2020 Commons Chamber

[Matt Western (Warwick and Leamington) (Lab)]

I thank all those on the frontline at Warwick Hospital, University Hospital Coventry and Warwickshire and our care homes, as well as the police, our local council and those in our schools who have worked throughout this period. I thank all the volunteers for the extraordinary work that they have done in such extraordinary times. There has been such little respite for all of them; I commend and thank them all.

Regrettably, it is going to be impossible to address all the problems that we face in four minutes, but perhaps I could say that it would have helped greatly if the Government had been able to lead by example and been more consistent in some of their policies. For example—I have mentioned this previously—how was it that, for some reason, we could allow people to travel on an aeroplane for three and a half hours, sitting cheek by jowl, but we could not allow those same people to sit in a cinema or a theatre, on a train, a bus or elsewhere? How was it that garden centres were allowed to open, but car showrooms were not? Eventually that was agreed to, and I press again for it to be allowed now.

I will focus my comments on the impact of covid-19 on our social care sector. If I have time, I will also mention the self-employed and furlough. The public were forgiving at the outset for many months, but they are rapidly tiring, and the Government’s actions are having a profound impact on their tolerance of and compliance with the guidance. That guidance is not clear; it is inconsistent, and people are struggling to follow. We have tier for this and tiers for that—tiers for universities and tiers for different parts of the country. But it is as we enter winter with the prospect of not being able to visit loved ones in care homes that my constituents are desperate to see family members and demand urgent action.

In the first lockdown up to 12 June, almost 20,000 residents of care homes in England died with covid-19. In fact, 28,000 excess deaths were recorded in care homes in England during the same period. In Warwickshire, we saw more than 400 excess deaths, which is why I called for—and continue to call for—an inquiry. As Amnesty International concluded in its report in early October,

“a number of decisions and policies adopted by authorities at the national and local level in England increased care home residents’ risk of exposure to the virus…notably…Mass discharges from hospital into care homes of patients infected or possibly infected with Covid-19 and advice that ‘[n]egative tests are not required prior to transfers/admissions into the care home’.”

If Amnesty has time, I would very much welcome its representatives to Warwickshire in to help me get this inquiry, which is essential and should have been done through the summer to prepare us for this second wave.

The ongoing restrictions have meant that people continue to be unable to visit their loved ones. It is a fact that over half of care home residents die within 15 months of moving into a care home. Many residents have now spent more than eight months without any visits from family or friends, with huge consequences for their wellbeing. Many care homes in Warwick and Leamington have stopped all visits due to the second wave, so it is critical that the Government act urgently to enable family members to visit their loved ones.

A simple action would be to amend visitor status. Organisations such as the Alzheimer’s Society are urging for an acceleration of the pilot key worker status scheme to enable family members and carers with access to regular testing and PPE to visit safely and provide care that people with dementia so desperately need. After all, SAGE states that infection rates from visitors to care homes are very low, and if visitors had access to PPE, weekly testing and infection control training, the risk would be significantly lower still. We also need to be clear about discharges from hospitals into care homes—a process that led to a significant proportion of care home deaths in the first wave. If there is one thing that the Government could do, it would be to change the visitor status of family members so that they could see their loved ones over the coming months and allow them the dignity that they should be afforded.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I want to try to get everybody in, so I will reduce the time limit to three minutes after the next speaker.

Covid-19 Update

Matt Western Excerpts

Tuesday 10th November 2020 Commons Chamber

[Matt Hancock]

Before I forget, Mr Deputy Speaker, I should say happy birthday to you as well.

The hon. Lady asks a very important question. The JCVI has looked at that issue and in its earlier iteration of its draft advice it considered the disproportionate impact that the virus has had on BAME communities. Its conclusion, having looked at it in some detail, is that the overwhelming indicator of mortality from coronavirus is age; and therefore it has based its recommendations around age and, of course, the occupational groups that directly support the most vulnerable—hence it has come up with the classification that it has. I respect the JCVI’s independence and its analysis.

[Matt Western (Warwick and Leamington) (Lab)]

Happy birthday to you, Mr Deputy Speaker.

In the past fortnight, 75 people in my constituency, workers at a food processing factory, have tested positive, and that follows a similar outbreak at Cranswick Country Foods, where 144 out of 333 tested positive just 10 days ago. Lawrence Young at the University of Warwick has shown through research that the virus remains very viable on cold surfaces. My question to the Secretary of State is simply: how often should the Health and Safety Executive be undertaking physical checks in such premises, and when should Members of Parliament be notified by local authorities that such an outbreak has happened?

[Matt Hancock]

It is down to the local authority, in the first instance, to notify a Member of Parliament, although often, if an issue is very significant, we in the Department will also work with the local Member of Parliament. The Health and Safety Executive takes a risk-based approach, so it is not possible to give a definitive answer about how often it should visit; it depends on the level of the risk.

Draft Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020

Matt Western Excerpts

Tuesday 3rd November 2020 General Committees

[Alex Norris (Nottingham North) (Lab/Co-op)]

It is a pleasure to serve under your chairship, Mr Mundell, for the first time. As the Minister said, we discussed similar regulations yesterday, and we are heading for a third bout in our series tomorrow, which is proving so juicy that it will held in the main Chamber. So something for everyone.

[Matt Western (Warwick and Leamington) (Lab)]

The rumble in the jungle.

[Alex Norris]

Quite. I made that joke yesterday.

[Matt Western]

If only I had been there.

[Alex Norris]

Exactly; that’s what all they all said. It is a challenge not to repeat the content, especially not my gags, although some points may bear repeating. The regulations were the subject of very good exchanges in the other place yesterday, which as well as covering the minutiae of the subject also addressed important points about general tobacco control. I may refer to those exchanges briefly, but first I should like to echo what my predecessor, my hon. Friend the Member for Washington and Sunderland West (Mrs Hodgson), said 18 months ago when debating the 2019 regulations. She outlined how dangerous it was that so much planning was needed for a no-deal scenario, and yet there was so little clarity on a no deal at that point. She warned that with 18 months to go, it was far too close to the deadline not to know where we were going. Well, we are now 60 days away, and we still know very little more. That is concerning: the Government need to get the deal that was promised to the British people, otherwise there will be significant disruption.

As the Minister said, the 2020 regulations amend the 2019 regulations, and implement the Northern Ireland protocol of the withdrawal agreement to ensure that the UK meets its obligations on tobacco control policy under that agreement. They will ensure consistency between the requirements relating to tobacco products placed on the market before and after the end of the implementation period, change the fees payable by producers when reporting information about their products in order to account for such amendments in Northern Ireland and ensure that tobacco control legislation continues to work effectively at the end of the implementation period. To that end, I will not be forcing a Division on the SI, because we do not want to render the nation’s tobacco control policies ineffective. However, I want some reassurance on the Northern Ireland aspects and the smoke-free agenda generally.

As per the withdrawal agreement, Northern Ireland is obliged to rely on specific EU rules, but looking at the bigger picture, time is running out for the Government to implement the remaining elements of the protocol. Any update on when that is likely to happen would be helpful, because proper implementation is vital to the protection of the Good Friday agreement.

Whatever happens in terms of these regulations, and our exit from the EU, that must not slow down our journey towards smoking cessation. I live in and represent one of the most challenged communities on health inequalities in the UK, and half of our health inequality is smoking based. We could remove half of health inequalities at a stroke by achieving that smoke-free goal. To me, that is an absolute priority project for Government. If they want to talk about levelling up, smoke cessation is perhaps the best thing that could be done to achieve that. The Minister made an accurate, well-expressed point about the cross-party record on declining smoking rates in the past couple of decades, and we should all be proud of that. However, smoking still remains the biggest preventable cause of cancer and death. There is an awful human cost, as well as the treatment costs of £2.4 billion each year – cutting smoking represents a really big prize to us.

It was interesting to note the Cancer Research UK report, ‘Making Conversation Count’, which set out the health and economic benefits of improving smoking cessation support in UK general practice. It is worth a read, and I would be interested in the Minister’s reflections on it. Before I draw attention to couple of the report’s highlights, I want to make a broader point about smoking cessation.

Local authorities have been under exceptional financial challenges for a decade. We could have a big political conversation about the necessity or otherwise of that, but I am less interested in that today. What we know for sure, however, is that those challenges have led to a diminution in smoking cessation services. Those services are strongly evidence-backed, and save us money in the long run. It is the falsest of false economies that hard-pressed local authorities are having to make. That matters today, beyond the fact that in itself it is a bad thing, because as councils deal with the impact of covid—it is clear that the total cost to each and everyone of our local authorities will not be met by central Government and that that initial promise will not be met—they will have to make difficult decisions. I know that in Nottingham, and I suspect this will happen across the country, we will see in-year budgets. They are horrendous not least because to try to get a 12-month saving from a six-month budget means that councils have to cut twice as much. Councils can try to finesse reserves, but they are in short supply. I am very concerned, and I hope that the Department are keeping a watchful eye on the aggregate impact on smoking cessation services in this country. If we lose them, we will face significant challenges. I sense that I am in danger of my comments being ruled out of the scope of the regulations. Am I?

Covid-19

Matt Western Excerpts

Monday 2nd November 2020 Commons Chamber

[Matt Western (Warwick and Leamington) (Lab)]

My hon. Friend is generous in giving way and is making such important points. Does she agree that the immediacy —the urgency—that has been lacking in this country was evidenced in countries such as Australia and New Zealand? They got on top of it really quickly and acted hard and fast, which is why Australia had zero cases over the weekend.

[Rushanara Ali]

I could not agree more with my hon. Friend. Our Government could have learned from many other countries and got a grip on contact tracing and testing. Instead, what we have seen is chaos—false promises, over-promising and under-delivering. That has damaged public confidence. The public confidence that we all worked to build, across party, at the beginning of the crisis during the first wave, has been squandered by the failures of this Government.

There are now four times as many people catching covid than anticipated. The delay in introducing restrictions has already cost lives in constituencies such as mine, and we are already seeing a high prevalence of death rates among those from black and minority ethnic communities and those from poorer backgrounds—the patterns are very similar to what happened before. This time the Government know where the problems are, and their failure is completely unacceptable and inexcusable.

Given the scientific advisers’ own projections in the graphs that they showed the country last week, we are expecting even greater human cost and even more lives being lost because of the delay and the failures to act. That is why it is an absolute scandal that the Government have spent £12 billion on a private contractor, Serco. They call it “the NHS app”, but they did not use the public sector. They should have formed a proper alliance between the public and private sectors—nobody is saying that it should be one or the other. We should be pragmatic, but we should get value for money.

It seems that organisations and companies that have shown complete incompetence are being rewarded with contracts. It seems as if there is a contracts programme for Conservative party donors. I raised the issue of the PPE contracts with the Prime Minister, and he has still failed to answer—it has been weeks now. There have been £1 billion of contracts without proper due diligence.

The rate of death among certain communities was very high, and it continues to be in this crisis. The Government also need to act now to provide support to the 3 million who were excluded during the first crisis and continue to get very little support as we head towards to the lockdown. They are being left out. When children go hungry in our constituencies and public money is being wasted on some contracts on which contractors are failing to deliver, the Government need to act to ensure that we get value for taxpayers’ money.

Finally, local authorities and local public services desperately need help if they are to provide support to get the contract tracing done and get a grip on the virus. I call on the Government to work with them, support them and provide the funding that they need to protect us all.

HEALTH PROTECTION (CORONAVIRUS, RESTRICTIONS) (SELF-ISOLATION) (ENGLAND) REGULATIONS 2020 HEALTH PROTECTION (CORONAVIRUS, RESTRICTIONS) (NORTH OF ENGLAND, NORTH EAST AND NORTH WEST OF ENGLAND AND OBLIGATIONS OF UNDERTAKINGS (ENGLAND) ETC.) (AMENDMENT) REGULATIONS 2020

Matt Western Excerpts

Monday 19th October 2020 General Committees

[Helen Whately]

The hon. Lady makes an important point about the role of employers as well as that of employees. Communications have been going out to make sure that people are aware of the importance of self-isolating. I may be able to offer something more specific about the communications to employers when I respond to the debate. There is financial support now in place because we found out from research that the financial impact of self-isolation was one reason that some people failed to do so.

[Matt Western (Warwick and Leamington) (Lab)]

I raised in Department for Work and Pensions Question Time just now my concern, which I am sure is shared by many Members, about schools that are forced to close at incredibly short notice. One large school in my constituency announced at 3 o’clock yesterday afternoon that it would be closed from 8.30 this morning. That means that many parents will have to stay at home and stay away from work. That impacts particularly heavily on mothers, sadly. They will not be entitled, currently, to the self-isolation payment. Is that something that the Minister is looking at or will support?

[Helen Whately]

I know that that point has been raised throughout the pandemic, and there will be reasons why parents, for example, will have extra childcare responsibilities. We had that challenge during the full lockdown, when schools were closed other than for the children of key workers, and we know that employers did everything they could to be understanding and support their employees. I will take away the hon. Gentleman’s question about whether anything further can be done.

To set out the rationale behind the regulations we are discussing, the headline point is their importance in our overall strategy to combat covid-19. Clearly, the number of people testing positive has risen sharply and, indeed, is still increasing. That is not only among younger people; worryingly, we are seeing increasing rates among the over-60s, particularly in parts of the country that have higher rates overall. Hand in hand with the increasing number of cases, we are seeing a higher percentage of people testing positive and increasing rates of hospital admission, again particularly in areas where the case rates are highest.

Against that backdrop of increasing rates, we heard that, unfortunately, compliance with the restrictions has not been what it should be. To answer the question from my right hon. Friend the Member for Forest of Dean, general population surveys conducted between March and August showed that self-reported self-isolation compliance was relatively low. For instance, only around 20% of the population reported that they fully complied with self-isolation if they had symptoms or were identified as a contact. That is evidence of the challenge with self-isolation compliance at that time.

--- Later in debate ---

[Justin Madders]

My hon. Friend is absolutely right. On many occasions, regulations have been laid—I think of the face-covering ones, for example—and points we have made about inconsistencies in the regulations have then appeared in subsequent regulations, showing the importance of parliamentary scrutiny. Of course I accept that, in a pandemic, things cannot always be done as quickly as possible, but certainly for self-isolation, which been a requirement from the very early days of the pandemic, there is absolutely no need for those regulations to have been introduced at such short notice.

[Matt Western]

To pick up on the point made by my hon. Friend the Member for Newcastle upon Tyne North, this issue is about confusion versus simplicity. Does my hon. Friend favour, as I do, the simplicity and clarity that the Welsh Government are giving, in contrast to the UK Government?

[Justin Madders]

My hon. Friend tempts me to go outside the scope of the regulations. His point about simplicity and clarity of message is vital. In the early days, when there was a clear, national lockdown, it was much easier to convey messages, but issues have become more complicated, and there are a whole range of areas where confusion and uncertainty arises, certainly about the self-isolation regulations. I will be taking the Committee through a number of examples of that.

The self-isolation regulations were laid before Parliament at 5 pm on a Sunday evening and came into force the following day. As we have already said, they contained significant requirements and penalties for individuals and employers alike. I do not think seven hours’ notice on a Sunday evening is the reasonable period of warning that we would want to see as the norm if we want people to understand and comply with the laws. It is not as if self-isolation is a recent development. The requirements have been in place for many months now, and with a little more thought and planning, we could have debated those regulations before they came into force. Nothing I have heard from the Minister today persuades me that there was an urgent need for the regulations to be enacted before debate in Committee.

As we heard from the Minister, the regulations strengthen the duties on those who are required to self-isolate, and increase the penalties for non-compliance. Regulation 2 states that adults who have been notified other than through the NHS app that they have tested positive for coronavirus, or have been in close contact with someone who has tested positive, must self-isolate in their home or another suitable place. Those who test positive are required to self-isolate for 10 days and those who live in the same household, or who have been in contact with someone who has tested positive, must self-isolate for 14 days. The regulation also makes it clear that they are responsible for ensuring that any child under the age of 18 in their household self-isolates.

Regulation 2 sets out the details of the people who are authorised to issue notifications regarding the duty to self-isolate, and states that notifications that are withdrawn are treated as never having been issued. It is not clear from the regulations what the process is following withdrawal, or in what circumstances such a withdrawal might take place. Could the Minister set out in more detail how a withdrawal or a proper notification might come about, and what the practical and legal consequences of such notification might be?

Regulation 3 sets out periods for self-isolation, which differ depending on whether a person has tested positive for coronavirus, lives in the same household as a person who has tested positive, or is a close contact of a person outside their household who has tested positive. As we have already said, clear communication is a key weapon in this fight. I will not recount the many confused and mixed messages we have had, but I will raise with the Minister a real and current concern I have with contradictory messages around self-isolation periods.

Regulation 3(3) states that the period of self-isolation begins on the day symptoms show and lasts for 10 days, but a number of my constituents, having had symptoms, have subsequently obtained a test, and have then been told by the Test and Trace system that their period of self-isolation of 10 days begins from the date on which they were contacted by Test and Trace. The official advice is clear, but this notification is causing confusion. Can the Minister take that away and investigate whether anything needs to change in the system and the messages it is putting out?

Can the Minister clarify the circumstances in which regulation 3(3)(a)(i) applies? Regulation 3(4) states:

“(4) The period ends with the final day of a period where regulation 2(1)(a)(ii) or (b)(ii) applies, of 14 days beginning—

(a) where P is living in the same household as the person (“C”) who tested positive for coronavirus—

(i) in a case where C, or R where C is a child, report to a person specified in regulation 2(4) of the date on which symptoms first developed, with whichever is the later of—

(aa) the date five days before the test pursuant to which notification referred to in regulation 2(1) was given”.

I quote that provision word for word because it highlights an issue to do with communicating what we are trying to do. I thought I was clear on when periods of self-isolation started, but the insertion of

“five days before the test”

in sub-paragraph (a)(i) makes me want to lie down with a hot towel over my forehead. I am trying to work out exactly what that means. People want to do the right thing, but this kind of language does not make it easy for them. When penalties are applied for not doing it, it is doubly important. We need to make it very clear exactly what the situation is in that part of the regulations.

Regulation 5 deals with the definition of “close contact”, which includes not only face-to-face contact within 1 metre, but

“spending more than 15 minutes within 2 metres of an individual”.

It is not expressly clear whether that applies regardless of whether face coverings are worn, but I would assume it does. I would be grateful if the Minister could confirm that when responding. It also includes

“travelling in a car or other small vehicle with an individual”,

which I presume is meant to exclude most forms of public transport such as buses, but may we have confirmation from the Minister of whether “small vehicle” is meant to cover all personal forms of travel or personal vehicles?

The bit in this regulation that I have more difficulty understanding is the exact remit of the phrase “close proximity” in regulation 5(c) regarding travel on an aeroplane. Is the Minister able to put “close proximity” into a measurable distance for the purposes of communicating this to our constituents?

Regulations 7 to 9 require a worker or agency worker to notify their employer of the requirement to self-isolate as soon as is reasonably possible. In addition, it prohibits employers or agencies from allowing them to work in any place except the place where they are self-isolating, and introduces fines for employers who knowingly breach the regulations. As my hon. Friend the Member for Newcastle upon Tyne North said, there are understandable concerns from individuals who are required to comply with the self-isolation regulations, because what is missing is any kind of extra protection for the employee or worker who might be on the receiving end of detrimental treatment from their employer for self-isolating.

Throughout our legislative landscape, there are protections for individuals in the workplace. There are protections for those raising concerns about breaches of the working time regulations or about health and safety in the workplace, and protections in whistleblowing legislation for those suffering detrimental treatment. However, we do not have any equivalent protection for the employee or worker who is required to self-isolate for any of the reasons set out in these regulations. I do not know whether that is a deliberate or an accidental omission, but it is concerning to me all the same, and it places the individual who is required to self-isolate in a very vulnerable position.

We need to make it as easy as possible for people to self-isolate, and not leave them exposed to detrimental treatment, such as refusal to pay sick pay, if they are entitled to it, or possibly even dismissal. There is nothing in these regulations to stop workers receiving punishment for self-isolating from a particularly unhelpful employer. I have heard concerns from constituents that their period of self-isolation would trigger a sickness absence review, or be used as part of an absence review process that is already under way.

It is quite possible that people will have to self-isolate on multiple occasions, because, say, other members of their household get symptoms or test positive, so I am sure we can all understand the genuine anxieties people have about telling their employer that they have to self-isolate for a second or third time. Why is there nothing in these regulations to give people workplace protections for doing the right thing?

The Government website advice page entitled, “Self-isolating after returning to the UK: your employment rights”—I accept that that is a slightly different situation from the period of self-isolation envisaged within these regulations, but it was the only advice page on the site that I could find on the issue of employment rights and self-isolation—talks about people working from home if they can. That is absolutely the right and obvious thing to do, but I am sure the Minister will appreciate that that option is not available to everyone.

The website goes on to suggest that as an alternative, annual leave could be taken. That raises the very interesting question of whether that advice would apply in this situation. I very much question whether we could call a period during which someone is legally required to remain at home annual leave. I would be grateful if the Minister could state for the record what advice has been given to employers on how they should classify a forced period of self-isolation.

I would like to make it clear that I am not at all comfortable with the idea of employers being able arbitrarily to designate a period of self-isolation as annual leave. There is a tension here with what the working time regulations allow; they state that in the absence of any other agreement, an employer can designate particular periods as annual leave. My question to the Minister is whether there is anything to stop an employer declaring to an employee that, as they will not be available because of self-isolation, they will be classed as being on annual leave.

That also raises the question of whether employers could put pressure on employees to take this period as annual leave, perhaps suggesting to them that if they do not, it will be classed as an unauthorised absence and will go on their employment record. It would be helpful if the Government stated clearly through guidance or regulations that a period of self-isolation should be classed as other leave, and cannot be classed as unauthorised leave, sickness absence, or annual leave that can be counted as part of any annual entitlement, and that it cannot be used in a disciplinary or capability process. If we are to improve compliance, it is important that we have that clearly set out.

[Justin Madders]

My hon. Friend is absolutely right. When I practised employment law, I saw an amazing number of coincidences: when employees raised complaints about or concerns with their employers, other issues would suddenly be raised from out of nowhere, in a pushback against the employee; we are used to that. There is a role for the Government here. There is something we can do to give employees more confidence that they will not face adverse consequences for doing the right thing; that is what we are trying to achieve.

The intention of the regulations, as we know, is to increase compliance. The Minister referred to a study that the Department has undertaken. I presume it is the same one that I have read about in the media, which I believe has been analysed by members of the Scientific Advisory Group for Emergencies. Why did it take so long for that to come out, given that the study began in February? I will go into more detail on the findings of the study. It is reported that people were asked why they did not self-isolate for 14 days. Some of the reasons given included caring for a vulnerable person at 9.9%; going to work at 8.9%; and thinking that they had already had coronavirus and were immune at 10.4%. I hope that with greater public information and engagement, we will see a reduction in those giving the latter reason. The second reason will hopefully be dealt with by the self-isolation payment, but there is nothing I can see in the exceptions in regulation 2(3)(b) that covers the first of those situations.

I note that under the regulations someone can take their parrot to the vet when they are self-isolating, but they cannot provide care for their elderly grandparent. I am not for one minute suggesting that those who are self-isolating should do that. We do not want to risk those who are already vulnerable coming into contact with someone who has to self-isolate, but it is estimated that around one in eight adults, or 6.5 million people, is a carer. Some of those people will be asked to self-isolate, and will be unable to provide care as they would normally. Hopefully they will be able to find others in the family, or friends, to step in, but of course many family members are in the same household, and they might be required to self-isolate as well. There will be some tension when people who are asked to self-isolate have caring responsibilities that cannot be fulfilled. Is a Government strategy being adopted to try to take the pressure away from people in such situations, so that we can make sure that someone can step in and provide the necessary care when a carer is asked to self-isolate?

Perhaps the most concerning finding of the survey was that only 18% of people with symptoms self-isolated. That went down to just 11% among those who were told to self-isolate by Test and Trace. I know those figures have not been peer-reviewed, but this is the best information that we have. Can the Minister confirm whether that is the basis on which the regulations were formed?

As we know, there are questions about entitlement to self-isolation payments being tied to the receipt of universal credit, working tax credit, income-based employment and support allowance, income-based jobseeker’s allowance, income support, housing benefit and/or pension credit. Although around 4 million people are potentially covered by that, it is not everyone, and there may be those who are not in receipt of any of those benefits who do not receive any contractual sick pay, and so would be left trying to claim statutory sick pay or employment and support allowance. That is frankly not good enough.

We know SSP is far below the rates set for the self-isolation payment, and the Secretary of State himself famously said that he could not live on that amount. I ask the Minister whether there will be any consideration of whether to relax the restrictions on eligibility for this payment. We are asking those who are not eligible at the moment to take a reduction of 70% or 80% to their pay every fortnight. We are already seeing constituents who are not eligible for any support in significant financial hardship.

As my hon. Friend the Member for Warwick and Leamington mentioned, there is an issue about school children as well. This issue most notably occurs when parents are having to self-isolate to look after children who have developed symptoms or have been sent home on the instructions of the school. I ask the Minister whether there are any plans to look at the dilemma of parents of children who have been sent home from school and are not eligible for any payment.

Regulation 10 deals with enforcement and gives powers to an authorised person, such as a police officer, or a person designated by the Secretary of State to act in support of enforcement. It would enable such a person to direct people to return to the place where they should be self-isolating, and in cases where an authorised person believes that a child is repeatedly failing to comply, they may also direct the person responsible for that child to ensure compliance as far as is possible. It also sets out that reasonable force may be used to enforce the regulation’s requirements if that is necessary, and an authorised person is allowed to exercise power under this regulation only if they have reasonable grounds for believing that it is necessary and proportionate to do so.

Regulation 11 deals with offences under these regulations that are punishable on conviction by fines. Fixed penalty notices are available as an alternative. I will not go through the full list of offences that are created or the level of fines, as other hon. Members wish to speak. Suffice it to say that there is a considerable number in there.

The explanatory memorandum states that these regulations have

“a key role to play in slowing or preventing a rise in the rate of reproduction (R) of Covid-19 and reducing the total number of infected people”.

That is the overarching intention behind most of the regulations that we have been debating in recent weeks. The Secondary Legislation Scrutiny Committee has expressed its surprise that the explanatory memorandum failed to mention that it had been reported that these stronger measures are required as a result of the study that we have discussed, which mentioned low levels of compliance.

The Committee also noted its surprise that the explanatory memorandum did not mention the figure on compliance, or give the Government’s estimate of the numbers breaching quarantine, in support of policy changes. As the independent Scientific Pandemic Insights Group on Behaviours reported on 16 September, the rate of self-isolation is very low—less than 20%, based on self-reporting. It is particularly low among the youngest and poorest. It was an oversight for the Government not to mention that in the explanatory memorandum, and not to explain that that was part of the motivation for this regulation, if indeed that is the case,.

The Secondary Legislation Scrutiny Committee raised a concern about the potential for discrimination. As we have heard, regulation 2 requires someone to self-isolate where their sample tests positive for coronavirus, or where they have been in close contact with such a person. The exception is when they are notified by the NHS covid-19 smartphone app. That app cost £4 million, was rolled out many months late, and does not operate on phones that are more than five years old—and does not actually require people legally to self-isolate; I am sure that will come as a surprise to the millions of people who have downloaded it. That is about as far away from world-beating as possible.

The Department has confirmed the app has explicitly been designed to protect the anonymity of users, and the legal duty and fines do not apply to people notified through it. Instead, it will just advise the individual to self-isolate. The Department says:

“there is no discriminatory effect: the legal duty to self-isolate applies equally to anyone identified as a contact through standard contact tracing processes, whether or not they also happen to be an app user.”

This does raise questions about inequalities among certain groups, such as the elderly or those on low incomes who may not have the necessary technology to use the app. Although 14 million people have downloaded it, far more have not.

We know that the app is only accessible to those people whose phones have modern software, thereby excluding people who have older phones or no phone at all. Those people are typically poorer and older members of society. These groups are therefore more likely to be required to self-isolate through track and trace than through the app and are subsequently more likely to be in receipt of fines than those with the latest smartphones. The Committee pointed out that this raises concerns regarding the potential for avoidance.

The Government cannot track those who have been informed by the NHS app, creating a potential loophole for those informed by the app to avoid being fined for failing to self-isolate. If the Government do not know people are being contacted through the app, how can they be contacted? Again, there is a flaw in these regulations that there has been no impact assessment or consultation prior to their publication.

Returning to enforcement, the fines are substantial—an enormous sum of money to most people—but they are, of course, dependent on contact tracing working effectively. The most recent statistics show that only two thirds of people who tested positive were even transferred to the contact tracing system, and of those only 68.6% of close contacts were reached. That is a very low figure, almost as poor as when we first started, and it is lower for cases handled either online or by call centres. The overall proportion of people reached has decreased for each of the last three weeks and is similar now to when we first started. If we cannot actually get hold of people, how can we ask them to self-isolate? SAGE has warned that unless the system grows at the same rate as the epidemic and support is given to people to enable them to adhere to self-isolation, the impact of testing, tracing and isolating is likely to decline in future rather than improve, which is very worrying.

It is expected that around 4 million people will qualify for the payment, but as I say, significant numbers will not qualify. On 28 September, I tabled a written question some time ago asking how many applications and approvals have been granted for the self-isolation payment in the first week of its operation. That was a named day question due for response 11 days ago, but I have not had a response yet. Is the Minister able to update us on the uptake of self-isolation payments?

It is not just about the compliance, of course, it is about enforcement. We know that the police have expressed concerns about their ability to enforce all the regulations that have been introduced. I understand that over the weekend a memorandum of understanding was signed with police forces to enable them to access Test and Trace data. I would be grateful if the Minister clarified two points in that respect. Is it the case that until this date the police forces were not able to access the data? Will she comment on the point made by many in the medical profession, that the involvement of police may dissuade people from getting a test in the first place? The Minister said in her opening remarks that it is important not to discourage people from taking part in the system. Could measures be put in place to mitigate those concerns? Police forces have made it clear in relation to the recent introduction of fines for other offences that officers do not have the resources or capacity to enforce these fines. If the Minister is able to give us a realistic assessment of the resourcing for enforcement of these regulations, I would be most grateful.

I return briefly to authorised persons under regulation 12(12)(c), which gives the Secretary of State broad powers to designate officers for the purposes of these regulations. As I have already mentioned, these officers have the ability to use reasonable force to ensure compliance with the regulations. It is, I think, quite a worrying development that we have unspecified officers able to use reasonable force. Could the Minister set out who, if anyone, has been given that designation by the Secretary of State to carry out these functions, and, if so, what skills, experience, and training do they have in the use of reasonable force?

I would also like some clarity regarding the liability of parents where children fail to comply with the self-isolation regulations. It is set out that the authorised person may direct the person responsible for the child to ensure compliance as far as that is possible, but there is some indication that parents will be found liable, in terms of fixed penalty notices, for the actions of their children. How realistic is it to expect a parent to make a burly 16-year-old stay in the house for two weeks?

With regard to the fines issued so far, new data last week showed that this is a bit of a postcode lottery, with police forces issuing wildly different levels of fines. Some have issued more than 1,000, and others fewer than 100—this is across the spectrum of regulations to deal with coronavirus. Will the Minister comment on what appears to be a postcode lottery when it comes to enforcement of regulations and say whether any steps will be taken to ensure that there is no disparity in their application? I have asked on a number of previous occasions what additional resources will be given to the police to ensure compliance with regulations. Is the disparity partly to do with resources or other priorities, and what can the Government do to address that concern?

[Matt Western]

My hon. Friend is making some incredibly important points, but does he share my concern about hearing just a week or two ago that in Dagenham or Redbridge—I am not sure which area it was, but it was somewhere like that—the local authority was trying to enforce regulations, but was overturned by the Government?

[Justin Madders]

Yes, I did read that with concern. I am not sure whether it has been addressed with the new tier 3, 2 and 1 regulations that were introduced last week. Clearly, we cannot have a situation in which, on the one hand, the Government’s message is that the rules have to be applied equally, but on the other hand, authorities that want to take swift enforcement action are prevented from doing so. We have to apply the law consistently and firmly in a situation such as this.

I am nearing the end of my comments and I am aware that other hon. Members wish to speak, but I want to ask about other measures that the Department might introduce to ensure compliance with the rules, particularly given the suggestion that Test and Trace call handlers may now be contacting more regularly people who are self-isolating. Given the shoddy record so far from the likes of Sitel and Serco, I wonder whether it is the right move to divert staff to that, taking them away from their core responsibility of contact tracing. What steps is the Department taking to ensure that Test and Trace call handlers doing these additional contacts with people who are self-isolating will be able to carry on and have the same capacity to address those needing to be contacted in the system in the first place? Will those additional responsibilities now being put on these private providers result in additional payments being made to them outside their original contract? I do not know whether the Minister will be able to give us an answer on that today, but it is very important that we have some transparency in this area.

We will not be opposing the regulations today. We have long argued for greater support for those who need to self-isolate, but questions remain, particularly about eligibility and enforceability, not to mention many other areas that we have covered during the debate today. I appreciate that I have asked lots of questions. If the Minister cannot deal with them all in her response today, I will be more than happy if she is able to put her answers in writing in due course.

[Mr Harper]

It is a pleasure to serve under your chairmanship, Ms Fovargue, and to follow the hon. Member for Ellesmere Port and Neston. I am conscious that we have only 36 minutes left, and I want to give the Minister time to answer the hon. Gentleman’s questions and also those that I have, so I will ensure that I finish speaking in good time.

First, I have some questions about the regulations. The Minister will know, because I made it clear on the Floor of the House when we were debating other regulations, that I also have some questions about the underpinning policy strategy, which I hope she can deal with.

Yesterday, Lady Harding, who runs NHS Test and Trace, made it clear that the test and trace system is not a silver bullet. I agree. It is not the only part of the Government’s strategy, but in the Government’s plan to rebuild which they set out in May, that system is a central part of the strategy in phase 2. Yes, it is true that good hygiene practices—hand washing, face coverings, cleaning and social distancing—are all very important, but reducing infected people’s social contact absolutely depends on the test and trace system. SAGE has made it very clear that an effective test and trace system can have a significant effect on R—the reproduction rate of the virus—and that that should remain a priority. It has also told us what the goal should be for a test and trace system: that at least 80% of contacts of a positive case have to isolate. That rate is set as the floor not as the ceiling. That is the point of the regulations: to make sure that those contacts isolate.

It gives me no pleasure, but I am afraid that I agree with the hon. Gentleman that the performance of the system is not up to the mark. The latest data show that we contacted only 76.8% of those who tested positive and only 62.6% of contacts. The media keep on reporting the 60% and comparing that with the 80%, but that is not correct. We must remember that we reached only 76.8% of the number of people who tested positive. If we multiply those numbers together, the result actually tells us that in the past week the system only reached 48% of the contacts of those who tested positive. Given that the target it 80%, that is a significant deficit.

My question to the Minister is very simple. What is the plan to get from 48% to 80% quickly? My own view, for what it is worth, is that we should lean more towards using our fantastic public health teams locally. Unlike the Opposition, ideologically I have no problem with using the private sector. We have people who are skilled in conducting sensitive conversations about diseases and people’s contacts. They could get that information. They have a tool that one cannot use from a call centre: if they cannot reach someone on the phone, they can go round and see them. The parts of the country that have used that model have had good results. From talking to my own public health team, I understand that we only have a limited window if we are to give them more resources.

In the tier 3 areas we have broadly accepted that that is a sensible plan, and I believe that we have given sums of money to local authorities in those areas so that they can employ the local teams as the first point of contact tracing. Why limit that to tier 3 areas? Why not follow that practice everywhere and give the resources to the directors of public health? I think that they would do a fantastic job and get the numbers up. That is one of the key tools to keep the virus under control in parts of the country like mine where, fortunately, the infection rate remains very low. I note the presence of one or two other members of the Committee who are also in that fortunate position. In areas where we have had to increase the level of controls, particularly at tier 3, it is vital, once we have driven the virus down, to maintain an effective test and trace system to keep the numbers low, potentially for many months to come. That is incredibly important.

[Matt Western]

Just to echo the right hon. Gentleman’s point, the example of Sheffield leads the way in that, does it not?

[Mr Harper]

I am not familiar with that local authority, but from my experience in my own area, I think the local authority in Gloucestershire would do a very good job, and I think that we would get better results.

The hon. Member for Ellesmere Port and Neston referred to data sharing with the police. Some of the headlines at the weekend were perhaps unhelpful, because they had the wrong impact. I do not know whether this was the Government’s thinking, but although one can argue that cranking up the toughness of the regime may have an impact on some people, to suggest that people may get into trouble with police may drive them away from testing and sharing their contact information. When one actually reads the information on the NHS website about how the data will be shared, it seems incredibly reasonable. In the first instance, it is shared with the local authority, and only if the local authority cannot make progress is it shared with the police. If the police are investigating a specific case, they can request it, so the impression of blanket sharing of information with the police was not helpful. I do not know whether that was the Government’s intention, but it was not entirely helpful.

My only question for the Minister is: has the memorandum of understanding between the Department and the National Police Chiefs Council been published? I have investigated but been unable to find it anywhere. It would be better if there was more transparency and we were clear about what information may be shared. We saw one of the potential risks at the weekend when the busy NHS covid-19 app Twitter account had to leap into action to reassure everybody that information from their mobile phones could not make its way to the police. The concern was that that would reduce the uptake and use of the app.

I perhaps hold a different view from the hon. Gentleman, because I was pleased that the Government changed tack and moved away from the central database option for the app and went with Google and Apple API, whereby the information is stored on a phone. A central database might have seemed attractive, but it would have reduced uptake and many people would not have wanted the app. Having more people use the app and being aware if they need to isolate, which is in their interest and that of the community, is better than having a central database and no one using the app because they do not want personal information being stored by the Government.

Health Protection (Coronavirus, Restrictions) (Birmingham, Sandwell and Solihull) Regulations 2020

Matt Western Excerpts

Monday 5th October 2020 General Committees

[Liz Kendall]

Of course, I hear and understand what you say, Mr Gray, so I will now move on to a point that I believe is related to this SI: if we are putting extra restrictions on to an area, the local council will need extra help to do the testing required to bring infection rates down and local businesses will require extra support. We need a strategy. If we want to see our schools go back, our businesses open up and our universities return and to keep in control of the virus, we must ensure that people get the extra support they need, so that we have a proper system of testing, people properly self-isolate, which did not happen in the case of the accommodation of the asylum seekers, and we bring the infection rates down.

I know and understand that the Minister is not responsible for support for businesses in the area. However, I know as a local MP—and as the Minister will understand—that with the extra restrictions that are being put in place, people are very worried, especially in sectors such as the events industry. I am sure everyone in this Committee knows about, and has probably been to, Birmingham’s National Exhibition Centre—I certainly have, many times in the past—and the Minister will know that the NEC Group turned the NEC in Birmingham into a Nightingale hospital. That was absolutely brilliant work, which we all needed in the city, but the NEC Group says:

“As an organisation who played such a pivotal role in the national effort to combat this virus, transforming our venue into the NHS Nightingale Birmingham, we now need UK Government to show the same commitment to our cause and offer tailored support to the UK #liveeventssector.”

I wonder whether the Minister might raise that issue with her Treasury colleagues.

I have also been asked to raise concerns from the hospitality sector, which, prior to the pandemic, supported more than 135,000 jobs in the west midlands, contributing about £12.6 billion to the regional economy. Companies in the hospitality sector are worried about the speculation that the Government may bring in the restrictions on mixing of households in the hospitality sector that have been put in place in the north-east. Concern has been raised about whether the Government have any plans to do that in Birmingham, Solihull and Sandwell, and I hope she will be able to clarify that point today.

Birmingham City Council tells me that its latest contact tracing data shows that only 2% of the positive contacts it is picking up are in the hospitality sector; 83% are still in households. The council is concerned to avoid any further restrictions, and the leaders of the city council in Birmingham and councils in Solihull, Dudley, Wolverhampton, Coventry, Sandwell and Walsall have written a joint letter to the Chancellor about support for the hospitality sector. They are really worried about it, because it is already struggling with the restrictions that have been placed on it nationally.

Finally, I turn to the issue of support for the local authorities that, because of these local restrictions, are having to do a huge amount more work. They are already stretched to the limit after 10 years of budget cuts and they really need extra support. I understand that in July the Government allocated funding of around £8.4 million to deal with coronavirus, but the city council is not clear whether that funding is supposed to cover the financial year or the year to July 2021. I hope the Minister will be able to clarify that for me.

[Matt Western (Warwick and Leamington) (Lab)]

Perhaps my hon. Friend can explain, or the Minister can when she comes to sum up, but I am not clear about what role Mayors play in this particular situation. Perhaps that is something we could elicit in the response from the Minister.

[The Chair]

I think I would rather the hon. Lady did not do so.

Health Protection (Coronavirus, Restrictions) (Bolton) Regulations 2020

Matt Western Excerpts

Tuesday 29th September 2020 General Committees

[Alex Norris (Nottingham North) (Lab/Co-op)]

The Minister and her colleague, the Minister for Health, the hon. Member for Charnwood (Edward Argar), together with my hon. Friend the Member for Ellesmere Port and Neston (Justin Madders) and I are in a sort of Monday-Tuesday rotation for these statutory instruments. The SIs are broadly similar, but each one is exceptionally important to the local communities that they affect. There may therefore be some repetition in my speech, as I dare say there was in the Minister’s. Nevertheless, it is important that we discuss these matters fully, and that is what I will seek to do.

I always start these debates with a homily about the nature of opposition in coronavirus times; we are always a bit in the Goldilocks hot seat. I think it was last Wednesday night that I was on Talk Radio getting beaten up because we were too supportive of the Government and the lockdown regulations. On Sunday, I was then on Sky News being beaten up for playing party politics with our opposition to some elements of the restrictive measures. Such is life.

I say that to show that we genuinely treat these things on their merits. We want the Government to succeed; we want to get out of this coronavirus era, however long it lasts. We want to get back to the football—frankly, it is not a night out if it finishes at 10 pm. We do want the Government to succeed, but there are times when our good will and support are stretched, especially when it seems that the Government are losing control of the virus.

Over the weekend, there was another foreseeable but not particularly well-managed situation around universities in policy terms, but there was also chaotic communication, with successive Ministers unable to say the same thing in succession. Similarly, even this morning Ministers on national media were unable to stand up the messages given out yesterday in the Chamber. That makes things really hard, as do the regulations before us.

I will say a lot of the things that I have said before. Debating regulations 19 days after they came into force is a fool’s errand and a waste of all our time, other than the fact that it is really important that we do debate them. We cannot change anything; we will not divide over them. Of course we cannot—the horse is multiple fields down by now.

We appreciate the need for efficient action, particularly at the beginning of a crisis, but it is absurd that this far into the crisis we have still not managed to debate one of these statutory instruments prior to its coming into force. When we do reach an opportunity to debate them, it is not even days but weeks or months later— 19 days in this case. That is a regular pattern that has been raised many times by Members of all parties and many times in the other place.

The rubber will perhaps hit the road on this discussion tomorrow, because Parliament is not here to rubber-stamp Government decisions. Executive decisions are not meant to be rubber-stamped by the legislature many weeks later, but, as I say, we are here and there is not much choice. We have a responsibility to make sure that the Government do the best by the country and that our constituents have maximum confidence in what is done. We must be able to demonstrate that we properly scrutinise the decisions that are being taken, but we cannot say that at the moment.

When I raised the matter last week, the Minister asked whether I would be willing to work seven days a week in order to scrutinise legislation. That made me think of an American revolutionary, Nathan Hale, who, just before he was executed for spying, said,

“I only regret that I have but one life to lose for my country.”

I can probably bastardise that to say, “My only regret is that I have only seven days to give for my community.” Whatever the day, whatever the hour, if it is important enough for us to discuss and it means we can get upstream, I would be willing to meet—even on a Sunday. We are discussing regulations from 19 days ago and new ones were announced yesterday. If meeting on a Sunday is what it takes to discuss yesterday’s new regulations in a timely manner, I absolutely would be willing to do that.

Nevertheless, I recognise that last week we were talking about statutory instruments that were nine and a half weeks old, and the instrument we are discussing today is only two and a half weeks old. Perhaps the Minister can give us her thoughts on that, but I hope it demonstrates that we are catching up, in which case I recognise that and am grateful to the Minister and her team for it.

Similarly last week, the Minister mentioned that the statutory instruments were in accordance with the Coronavirus Act 2020. I do not dispute that that is the case with today’s instrument, but I gently say that that is not a particularly high bar. When the instruments are so badly out of date, the Act is weakened. Ahead of tomorrow’s discussions we will all have received emails. There is a lot of bad information out there about coronavirus. Some of the emails we get are perhaps less based in fact, but the emails we are getting at the moment about the Act are very well meant. They are evidence based, with serious discussions about civil liberties in the UK. Concern is growing because there is a sense that Parliament has not got a grip, which is very much the point that I am making this morning. Again, we will support the renewal of the Act tomorrow—what else could we do?—but we will seek to amend it to give a greater sense of transparency.

I know that there are other high profile suggestions centred on giving Parliament an automatic proactive say. I am attracted to that, but I have no confidence that it will be delivered, even if the Government are bounced into it. Yesterday the Secretary of State said,

“I strongly agree with the need for us in this House to have the appropriate level of scrutiny… The aim is to provide the House with the opportunity to scrutinise in advance through regular statements and debates, questioning the Government’s scientific advisers more regularly—that has already started—gaining access to local data”.—[Official Report, 28 September 2020; Vol. 681, c. 22.]

Even for the Secretary of State, that is a classic of the genre: suggesting agreement, but not actually agreeing; suggesting something new, but offering the status quo. I do not know if that will wash with Government Back Benchers—I would be amazed if it did—because that is what we have at the moment.

What we are talking about is significant restrictions on people’s liberties that are discussed in the past tense. I recognise that the Government have frequently made themselves available through statements, and Mr Speaker has facilitated urgent questions or general debates such as the one we had yesterday. However, it is not the chance to talk about coronavirus that has colleagues concerned, but the chance to discuss significant and important restrictions on people’s liberties, which we do not have at the moment.

[Matt Western (Warwick and Leamington) (Lab)]

It is a pleasure to serve under your chairmanship, Ms Nokes. As my hon. Friend said, we have debated the points in hindsight over many weeks now.

What is frustrating for the public and those of us representing the public is the fact that this legislation is being debated retrospectively. There is so much inconsistency and incoherence in so much of the Government policy, and that is the frustrating thing. That is why we need to get on the front foot and lay such legislation in advance.

[Alex Norris]

I agree with that. It is good for all of us—good for parliamentary democracy, but good for the Government too—to have the regulations and inconsistencies aired. We would hope that that is the way in which things will be improved. My hon. Friend’s point also reflects on the consistent and regular use of the negative procedure for these statutory instruments. Obviously, that is now very pertinent in the light of what we will discuss tomorrow—renewing the Act or not—but it is hard not to notice that the whole suite of Brexit-related legislation is wired in exactly the same way. The Government rely on these powers, and on secondary legislation approved via the negative procedure. Many of those who are opposing this method today and tomorrow have championed it for four years, so it is a little late to take it slowly. That is not Nathan Hale; it is Girls Aloud. We should have real concern that this is the nature of government in Britain for at least the next 12 to 18 months; decisions by the Executive are subsequently looked at by Parliament when it is a bit late. That should discomfort all of us.

Again, I would be interested in the Minister’s reflections on this situation. As I say, it would be hard to get in front of every single decision, but we should be trying to get in front of as many as possible. We would not want to bog down the process so that effective interventions happened in a less timely manner, but we could at least get away from introducing them 15 minutes before they are implemented. Again, that reflects a sense of chaos rather than order and organisation. I would be interested to hear the Minister’s views on that.

It goes without saying that the situation is now becoming more challenging. The regulations work, and our approach to tackling the virus works, for as long as people are willing to comply with them. In the beginning phases, people did incredible work and made personal sacrifices during lockdown. I fundamentally believe that that is a mark of the character of British people. That is the way in which people will continue to attack these challenging circumstances for as long as they have confidence in the measures that are being taken and they have a sense that other people—both their neighbours and at a national level—are complying too. Things like grouse shooting or Barnard Castle chip away at public opinion and make people think, “You know what? Forget about this. I’m just going to do it and see what happens.” That we cannot have, because our approach will fall apart.

Like the Government, the Opposition have said before that when infection rates rise, restrictions should increase. That is particularly pertinent in this case. We have all seen the significant and rapid rise in infection rates in Bolton, which is a concern for everybody, so of course these restrictions were necessary. There is an interesting nugget at regulation 3.1 that might be helpful for us: the closure of bars and restaurants at 10 o’clock. Of course, that is now our national reality. Again, we did not dispute this last week. We know that this is not something that has been built on SAGE advice or guidance; it is something that is not really based on evidence. I know the Government have relied on evidence from Antwerp in Belgium—that was certainly the line last Wednesday—which stretches credulity a bit, but Bolton might actually be a better example. I would be keen to know, because regulation 2.2 says that the reviews must be fortnightly and start on 24 September, which was last week. The Minister said that a review had already taken place, so it would be interesting to know what the impact of the closure at 10 o’clock was. Again, the picture that was painted by the Minister was one of younger people from diverse geographical parts of the borough, so it is probably fair to say that it is linked to the night-time economy. What has been the impact of the 10 o’clock closure? It might actually be the best evidence that we have for the national curfew.

Finally, I am really pleased hear that the local consultation was good in the case of Bolton, particularly given how rapidly things changed there. In relation to the new regulations announced for the north-east from the Dispatch Box last night—that is the right way to do it—given that we seem to have this conversation every time, it is hard not to be struck that the leader of Newcastle City Council,  Councillor Nick Forbes, said, “We have been having conversations, but this is the first we have heard of it.” I know him well and he is a very sensible, practical and not particularly dogmatic or partisan individual. I am glad to hear it is not the case in Bolton, but such a lack of consultation will not do for public confidence. Perhaps the Minister could reiterate that there is a genuine commitment to working in partnership and that local authorities will not find out about new regulations in the news rather than through conversations, even if the Government, of course, need the final say. Again, the Opposition do not intend to divide the Committee, but there are many elements that could be done better.

Health Protection (Coronavirus, Restrictions on Gatherings) (North of England) Regulations 2020 Health Protection (Coronavirus, Restrictions on Gatherings) (North of England) (Amendment) Regulations 2020 Health Protection (Coronavirus, Restrictions on Gatherings) (North of England) (Amendment) (No. 2) Regulations 2020 Health Protection (Coronavirus, Restrictions) (North of England) (Amendment) Regulations 2020 Health Protection (Coronavirus, Restrictions) (North of England) (Amendment) (No. 2) Regulations 2020

Matt Western Excerpts

Monday 21st September 2020 General Committees

[Alex Norris (Nottingham North) (Lab/Co-op)]

It is a pleasure to serve with you in the Chair, Mr Hollobone. I thank the Minister for her remarks and explanations of what the Government are seeking to do, as well as for her efforts over the past six months. It has been an awful lot of work for Ministers, and we are grateful; when we disagree, I hope that we disagree firmly but well.

It is a funny time to be in opposition. The clue is in the name: we oppose very many, if not most, of the things in the Government’s legislative agenda. We have significant concerns about some or all of them, so we seek to amend, we scrutinise, and in that way we hope to improve our parliamentary democracy. On any issue, it is very easy to engage in the narcissism of small differences, but in a pandemic that will not do. If the Government say, “There is a rule of six,” we could very easily say, “It should be a rule of five, or a rule of seven.” We could play that game all day—indeed, I was on the radio on Thursday, and people were saying just that. “You are too co-operative. The Opposition are too supportive of the restrictions being put on our freedoms.”

Similarly—obviously, this gained much more coverage—on Sunday morning, my right hon. and learned Friend the Leader of the Opposition reiterated that we support the Government on the restrictions being put in place. We think it is obvious that if the infection rate increases, restrictions have to increase as well, but there were some extraordinary comments on Twitter—this was just from our own side—about how easily we were rolling over. I should probably never look at the comments, but sometimes I cannot help it.

The point I am building up to, however, is that the well of good will is not unlimited, because there is a real problem. Hon. Members will have read their papers, and will know that what we are discussing now is long after the fact. I do not think we would be popping anybody’s bubble or revealing what is behind the curtain, if I can mix my metaphors, to say that today is a bit of a fool’s errand. We are meeting weeks and weeks after these regulations were not only put in place, but changed. The first one we are discussing has since been amended on essentially four different occasions. There has to be a sense of reality about what we are doing, but hopefully also a recognition that, fundamentally, as an operation, this will not do. Are these very significant changes to happen on a very regular basis, only to be scrutinised in Parliament seven weeks later? I do not think so. It is not good for us as an Opposition, and it is also not good for the Government or for Government Back Benchers.

Of course, these regulations came into effect on 5 August. At that point, people living in the 15 local authority areas specified, as well as Blackburn—which was already under alternative restrictions—could no longer meet in groups of two or more households in a private dwelling, or in groups of more than 30 people outdoors. A variety of other conditions and exceptions was also in place. I recall this well: I was up in Manchester myself when it was announced, visiting my sister and her newborn baby, and I needed to beat a hasty retreat lest I had to stay there. I do not think my constituents would have been too impressed by that.

Again, we broadly support these measures and the intention behind them, because we all want to halt the spread of the virus, and we know that keeping people safe must be the No. 1 priority. However, we as an Opposition have to put on the record our concerns that it has taken seven weeks for us to get here. I talked to the Minister before we started, and I am sure that her colleagues have had a series of different versions of these delegated legislation Committees over the past few weeks.

Normally, we would put up my hon. Friend the Member for Ellesmere Port and Neston (Justin Madders), but we are giving him a bit of a rest. I think that is why they have sent me out to bat: some fresh legs with half an hour to go, to run around and put a few tackles in, which has never been something I have worried about doing.

This point needs to be reiterated. We are rightly talking about having control of this virus, but there is concern across the House and definitely among the population that we do not now have control of the virus, and are certainly losing it. A big part of that control has to be our understanding and scrutiny of the regulations, their quality, and their effectiveness.

Of course, we need to act efficiently. We would never support a situation where important and effective regulation that was needed could not be introduced in a timely manner, because we had not yet got to Committee Room 10 to deal with it. We know the pattern on which the regulations will be popping up—a statement from the Health Secretary has just finished and there will be one from the Prime Minister tomorrow—and I do not think it is beyond the realms of possibility that new regulations are coming. However, while we are talking about regulations from seven weeks ago, when will we reach the new ones? Will it take seven weeks? I do not think that that will be in our interest or anyone else’s. I hope that the Minister will address that point.

I know that the subject has been raised many times by Members on both sides of the House, and in the other place. We cannot be here just to rubber stamp what the Government propose. That stretches things too far. I believe that we are taking responsible paths, although I say that with the caveat that I state whenever I do any media work. When I open my emails, half of them say that I have been too hard on the Government and am not supporting the national effort; the other half say that the Opposition are too acquiescent. Who knows? Nevertheless, I do not think that anyone would think arriving late and rubber stamping a measure is in our interest or is what our constituents need from us.

Mr Speaker gets upset, as do we, that often we hear of important policy changes on a Friday or Sunday night, long before Parliament has the opportunity to hear them. Sometimes I talk about that to my friends who are non-political and they say, “Well, you know, you can’t be that person who’s worried about being told first.” I remember Gareth from “The Office”, who would always insist on having the news whispered in his ear just before the big team meeting so that he knew it first. That is not the point or what we are saying. We are saying that we have a parliamentary democracy for a reason. It is a very effective one and has been this way for a long time. We all treasure and love it. We must be among its greatest enthusiasts because we choose to come here every day. We cannot lose that, even in the most important circumstances. That is when it becomes all the more important.

However, we have had regulations coming into force only a quarter of an hour after they are available to read. Including the five before the Committee, there are 17 measures being debated this week, all of which are already in force. Other regulations have come into force before being revoked and never seen. There seems to be no opportunity during this period of time to debate them, and that will not work. We are hoping for some clarity and commitment from the Minister, and an assurance that the Government are actively seeking to get upstream of this blizzard of regulations.

I would hate to take the job of Whip, held by my hon. Friend the Member for Warwick and Leamington—I really would not want it—but I am sure the Opposition would be constructive about shifting the backlog if it meant that we could deal with regulations in something closer to real time. That would be better for everyone. However, this is not just about Parliament; it is a question of the cue we send out to the public. If they feel that the process is rushed or bypassed, there is a danger of undermining Parliament’s credibility.

People in the north are reasonable and intelligent—I am one of them. They are not daft and they know when things are being cooked up on the fly. I have heard that from friends and family. If they feel that measures are arbitrary, and that they have been made on the hoof, that undermines their confidence in whether they should stick to them or whether to say, “Just pop round, and no one will ever really know.” We know that in fighting the virus that will not do.

It is hard, as I mentioned a couple of minutes ago, not to reflect that we have just had a statement from the Health Secretary and there will be one from the Prime Minister tomorrow, and there was a chief advisers’ press conference this morning. We would never say no to hearing more information and certainly not to having more opportunities to talk about it, but it is hard to explain to a lay person what process of swift, clear and effective decision-making those things reflect.

Compliance is key to our success in getting out from under the virus and making the measures work. That is why we need to scrutinise them and have our say on them. As I have said, we do not propose to divide the Committee, but that does not mean we do not want greater understanding of some of the Government’s ideas. Certainly, as we get into discussion of curfews or hospitality closing times, we want to understand precisely the science behind such things.

[Matt Western (Warwick and Leamington) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Hollobone. My colleague is making an important point. I hope Members will forgive me for repeating something that has come up at many similar Committee sittings. We represent communities to whom we are answerable, who want to know what is going on—why such measures are being passed, and why the policies are being imposed on communities. It is very difficult to explain what is happening when we have not had scrutiny or access to Ministers. Explanations should be upstream of any regulations being made, as my hon. Friend said. Back Benchers across the House are crying out for that. There should be a strategy that explains why the measures might be required in future. Strategic thinking needs to take place in advance, in anticipation of the circumstances. Does my hon. Friend agree?

[Alex Norris]

Yes, I do. Again, that is necessary for public confidence. We have supported the Government throughout. As infection rates decrease, we can open up more things and do more things. As infection rates rise, there will be greater restrictions. It would be better to understand what greater restrictions mean earlier in the process. Instead, it feels as though we are always running to catch up.

I am in danger of being much more negative than I usually am, but I have the chance to extol some virtues and talk about the benefits that we have today. We at least have hindsight at our disposal. We do not often get reviews of legislation this quickly after it has come into force, but today we have that. On 5 August, the seven-day case average in the north-west region, which is a good cipher for the area we are talking about, was just under 250. On 2 September, with the most recent of the four amendments, the seven-day case average was 486, and last week the rolling day average peaked at 1,200 on Wednesday.

It is therefore clear that although the regulations might have been effective, they are not entirely sufficient. That makes the case for greater restrictions. People need to understand that, even though it is frustrating. Certainly in the communities where freedoms have been curtailed, no doubt willingly, to beat the virus and protect each other, they need to understand the picture, what has happened subsequently and why we need to go further. We have a duty as an Opposition to point out that that was undermined by slowness in the early stages regarding personal protective equipment; lockdown itself; social care and more; the lack of scrutiny, as I mentioned; and particularly now, as we reflect on this here in Parliament, the shambles that is test and trace.

Short of a wonder vaccine, which will be gladly received when it comes, test and trace is our most critical weapon to get out from underneath this, but at the moment it is not happening. It is not working in a timely manner to properly find those who have coronavirus and to isolate them. That is why we are seeing the virus spread. Will the Minister update us on the progress towards getting a system that meets what the Prime Minister said in June about a 24-hour turnaround in response, because that is what it will take?

Can we hear a little more about what was briefed over the weekend? I am a man of the world—I understand that things get briefed to the Sunday newspapers. Since the beginning of the pandemic, we have been calling for a recognition that if those who are being asking to self-isolate are offered only statutory sick pay that pushes them into poverty, that will be an incentive not to comply with the regulations. That is not a good thing, but it is entirely human. The £500 figure was briefed over the weekend. Will the Minister tell us more about that?

I have three final points. We have not had much of a debate on the merits of these specific restrictions because the horse is three fields down by now, but it would be interesting to hear the Minister’s view on where we are currently and where she feels we will be next week, in a month’s time and in three months’ time. We want a sense of what the journey is, even if that journey means things are getting more challenging. Okay, that will mean greater restrictions, but what sorts of restrictions and when? It would be good for Parliament and for everybody to know that.

I am sure this is close to your heart, Mr Hollobone, as someone with a long history in local government, but will the Minister tell us a little more about local authority engagement? She said in her contribution that that has always been good. That is not always the picture that we get from local councils in respect of whether conversations have happened and whether the announcement reflects them. Can we hear what process is being used to engage with council leaders?

Finally, regulation 4 of the first set of regulations requires a review at least once every 14 days, so there must have been three since they came into effect. I wonder why the results of the reviews have not been made public, and whether they could be more routinely in future. That would give us something better to debate when evaluating their effectiveness.

I will draw to a conclusion there; I have made my point on timeliness and I hope the Minister can address it.

[Jo Churchill]

I place on the record my thanks for the hon. Gentleman’s tone; I am grateful for the support. As we know from this morning’s announcement by Professor Whitty and Patrick Vallance, this is a difficult, fluid situation that is changing. It is important, as I answer some of the questions that the hon. Gentleman put to me, that we keep that level of dynamism in mind, because that is the problem: we cannot see into the future. One of the challenges is that if we pre-empt where we are going, we are much more likely to be over-restrictive than under-restrictive.

The one thing we have not heard in the offer of support is how that support would work within the parliamentary framework. Do we sit for seven days, because these things are arguably coming at us hourly? Do we do it on a smaller basis? Do we go through usual channels? This is considerably more complex. I understand the point the hon. Gentleman makes, because often members of the public are not sure how this place works, and there is a challenge in helping them to understand why we do things in certain ways.

[Matt Western]

The Minister makes a valid point. As a constructive suggestion, we have Westminster Hall and we have spare capacity in this place. How about using Westminster Hall solely for the purpose of having these debates about everything related to the covid-19 pandemic and how we work our way through it, and we could do stuff in advance?

[Jo Churchill]

I thank the hon. Gentleman for his suggestion; I am sure my Whip will take that away and feed it up through the usual channels. The hon. Gentleman makes the point that there are other places on the estate but, as he will know, there are also restrictions on movement around the estate and what parts of if we can move to.

The restrictions we have debated today are necessary and important for three reasons. First, and most importantly, they are necessary to protect the people in the north of England and surrounding areas from this terrible virus. The restrictions imposed have been difficult, but I think the people of the north of England recognise that the measures have been paramount to try to stop the spread of the virus.

Secondly, the restrictions protect those of us outside the north of England. Containing was very much the strategy laid out on 10 May. These restrictions greatly reduce the risk of transmission within the protected area, which in turn reduces the risk of infection rates increasing elsewhere. We recognise and appreciate that in abiding by these restrictions, those in the north of England benefit the whole country, and I place on the record my thanks to them.

Thirdly, the restrictions show the absolute determination to respond to the outbreaks of the virus in a focused and effective way. We are learning from what happened in the north of England as we work with local authorities and others to respond to future localised outbreaks, such as those that one of my colleagues will be debating in the House in due course. Indeed, we were able to work down to a granular, ward-by-ward level, but we have found that it is probably not the best strategy to open up on that basis.

The next review of the regulations will take place on or before 25 September. I am grateful to hon. Members for their contributions to the date today. I would like to address the point that the hon. Member for Nottingham North made first about timeliness and speed. The Government are confident that the regulations were made lawfully under the emergency procedure of the Public Health (Control of Disease) Act 1984. They are receiving parliamentary scrutiny in accordance with the emergency procedure, and are being debated within 28 days.

The challenge with these regulations is that we caught the tail end of recess, which obviously pushed them out a little further. The procedure allows us to respond quickly to the serious and imminent threat to public health posed by coronavirus, first by imposing restrictions to break the transmission chain and to protect people, and secondly by removing those restrictions when it is safe to do so. The regulations we are debating show how fluidly and quickly we can make those adjustments and changes.

The Secretary of State considers that the requirements imposed by the regulations are a proportionate public health response to the threat of incidence and spread in England of severe acute respiratory syndrome coronavirus 2— SARS-CoV-2—or covid-19. The regulations set out that a review of those requirements must take place every 14 days to ensure that they continue to be necessary to

“prevent, protect against, control or provide a public health response to the incidence or spread of infection”.

It is also important that timely reviews are made so that restrictions are not overly imposed on any part of the population.

We have subsequently amended the regulations to ensure that we continue to take necessary steps to protect public health as national restrictions were lifted over the summer—amendments were accordingly made on 8, 15 and 26 August. The hon. Member for Nottingham North asked how decisions are made locally and what the system is. Public Health England, the Joint Biosecurity Centre and NHS Test and Trace are constantly monitoring the levels of infection across the country, and work with local authorities to implement additional control measures as appropriate. Those decisions will be taken on a case-by-case basis, which is why that local knowledge is so important, and advice may differ according to the specific circumstances of any given outbreak. Indeed, tomorrow we will be talking about an outbreak in and around a place of work, which is obviously quite different.

The watchlist is already publicly available in Public Health England’s weekly surveillance report, and the decision to place restrictions on local authorities in the north of England was based on a number of factors, including not just the positivity rate, but the incidence rate of the virus, the extent of high-risk behaviours and the rise in the increased risk of transmission between the population. The next review will take place on Friday 25th—this Friday—and we are debating the regulations before that review. My right hon. Friend the Secretary of State will consider all those factors when making his decision.

As I have just mentioned, we have increased the capacity of the test and trace system by more than 10% in the last few weeks, with the aim of reaching 500,000 tests per day by the end of October. I pay tribute to all those involved in the test and trace system because, initially, we could process some 2,000 per day. We are now well over 240,000 per day, and some capacity, including antibody tests, is well over 370,000 tests per day. We are on track to hit 500,000 tests per day by the end of October. There are four new Lighthouse labs coming on stream, including Newport, Newcastle, Charnwood and Brants Bridge. There are hundreds of additional staff and capacity is being bought up abroad. Test and trace has led to more than 420,000 people isolating who may otherwise have spread the virus. As we heard this morning, breaking that transmission chain is so important.

[Matt Western]

I thank the Minister for giving way—she is being very generous. I have an observation: I visited our testing centre at the Ricoh Arena in north Coventry, which serves the whole region of Warwickshire and Coventry. In the hour I spent there yesterday, only 16 cars went in. There was clearly a lot of capacity—a big facility has been established there—and very professional people on site, but there must be a disconnect between the capacity she describes, which I saw, and what is being fed through to those centres. The numbers that she describes are huge, but I am not seeing that on the ground.

[Jo Churchill]

I think what we are all seeing on the ground is that demand has become exponential in the past few weeks. It is therefore a question of the system catching up, but it is important that the Government assess the risk factors and continue to protect healthcare workers and members of the social care workforce first to ensure that we are protecting the most vulnerable in society with the capacity that we have, and then begin to move through to other key workers. We need to have a risk stratification approach as the numbers increase.

This country’s population is in the region of 67 million. Even with a testing rate at 500,000 per day, it would take some weeks to get through that. There has to be a marrying of the testing capacity within the testing facilities and the ability of the labs to have the throughput that backs up behind it. We are doing an enormous number of tests, and it has been noted that we actually have a larger throughput than Germany, Italy, Spain and France.

Health Protection (Coronavirus, Restrictions) (Blackburn with Darwen and Bradford) Regulations 2020 Health Protection (Coronavirus, Restrictions) (Blackburn with Darwen and Bradford) (Amendment) Regulations 2020 Health Protection (Coronavirus, Restrictions) (Blackburn with Darwen and Bradford) (Amendment) (No. 2) Regulations 2020 Health Protection (Coronavirus, Restrictions) (Blackburn with Darwen and Bradford) (Amendment) (No. 3) Regulations 2020

Matt Western Excerpts

Monday 21st September 2020 General Committees

[Edward Argar]

The hon. Lady, who is a very experienced parliamentarian, is encouraging me to nail my colours to the mast, and I will.  Yes, I believe we are. The Prime Minister has been very clear that there will be 500,000 tests across the pillars by the end of October. That is a very clear target, and it is one that he intends to meet, just as we met the 100,000-tests target. It was very difficult to do that, but we did it, and I am confident that we will meet this target. In this place, it is sometimes easier to set very low targets, because we know we will hit them. That is not the way of the Prime Minister or my right hon. Friend the Secretary of State, who wants to set ambitious targets because he knows that if we meet them, we will be delivering what we need.

[Matt Western (Warwick and Leamington) (Lab)]

The Minister is making thorough points, but we are all keen to understand the capacity. Certain numbers are claimed, and perhaps, as he just said, there will be 500,000 at the end of October—we will see—but there is a difference between claimed capacity and real, delivered capacity. As I said in a previous Delegated Legislation Committee, yesterday I went to the testing centre in Coventry, which supplies Coventry and Warwickshire. It is a large facility; I do not know how many facilities there are of an equal size across the UK—perhaps the Minister would confirm that in writing to me in the next couple of days. Given that only 16 tests are done in one hour, over a 10-hour period that is 160 tests. If we factor that up, even if there were 100 testing centres of that size, that is not a huge quantity, compared with the 500,000 the Minister is claiming. Perhaps the Minister can respond in writing; it is unfair to ask him to give an answer now.

[Edward Argar]

I will respond briefly to the hon. Gentleman. I am happy to get back to him in writing, and I will try to get that number for him.

[Matt Western]

Related to that, on the capacity in the labs, would the Minister provide the figures that are available for real capacity on the ground, and the lab capacity, which I think probably is the bottleneck?

[Edward Argar]

The hon. Gentleman is absolutely right. Regardless of the capacity in car parks or testing centres, there is a limited value to doing multiple tests if they are not processed in the lab in a timely fashion because of the bottleneck of lab capacity. That is possibly why his test centre is seeing fewer people than it would have the physical capacity to process if the lab capacity were not a challenge.

My recollection, which is a couple of weeks out of date, is that the capacity to process the tests was about 165,000 for community testing across all pillars and all types of test—the swab test as well as the antibody test. In that 500,000, there are multiple pillars. The capacity to process tests and the tests done were the same, and were, I think, about 165,000 a few weeks ago. We are using the capacity that we have, but it is constrained in the labs. I am happy to write to the hon. Gentleman to clarify that. I will check the exact question that he posed when I see the transcript of this debate, and I will try to give him as direct and detailed answer as I can to exactly what he said.

[Matt Western]

So 165,000?

[Edward Argar]

Yes.

The final thing that I was going to touch on before concluding was something raised by the shadow Minister. Again, I do not have the stats on a localised level to hand, but if I can get them I will write to her. She raised the fixed-penalty notices and offences within that area. I do not have up-to-date, detailed stats for that exact area, but if I can obtain them, I am of course happy to write to her. I reiterate my gratitude to all Committee members, local councillors, local authorities and the people in the affected areas for their forbearance with the challenging restrictions to protect people.

HEALTH PROTECTION (CORONAVIRUS, RESTRICTIONS) (NO. 2) (ENGLAND) (AMENDMENT) (NO. 2) REGULATIONS 2020

Matt Western Excerpts

Monday 14th September 2020 General Committees

[Justin Madders (Ellesmere Port and Neston) (Lab)]

It is a pleasure to see you in the Chair, Ms Fovargue. I thank the Minister for introducing the regulations. As she said, they amend the Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020, which dealt primarily with the reopening of the hospitality sector and came into force on 4 July. Those regulations were amended to allow further easing of restrictions, including the opening of outdoor swimming pools and water parks from 11 July, and nail bars and salons, tanning booths and salons, spas and beauty salons, massage parlours, tattoo parlours, and body and skin piercing services from 13 July. As she outlined, those amendments, which came into effect on 25 July, further allowed the reopening of indoor swimming pools, indoor facilities at water parks, indoor fitness and dance studios, and indoor gyms and sports courts and facilities.

I have several issues to raise about these regulations, starting with the fact that they came into effect on 25 July, which is now seven weeks ago. The Minister will not be surprised to hear that my first concern is that, once again, we are debating the regulations too late. It is, regrettably, not the first time I have raised the matter; in fact, I have had to raise it each and every time we have debated the health protection regulations in Committee, because we have not yet managed to debate one of these statutory instruments before it has come into force. That is despite the fact that we are now many months down the line from the initial crisis. As I have made clear on numerous occasions, we accepted that initial regulations had to be introduced hurriedly in response to the initial threat and the rising number of infections of a new and unknown disease, but that is no longer the situation.

I am not the only person to raise concerns about the Government continuing to table business without providing time to ensure that proposed changes are debated before they become law. Members on both sides of the House and in the other place have repeatedly expressed their desire for timely debates to ensure that such proposals are subject to full parliamentary scrutiny. Despite multiple pleas and assurances that the Government had listened to those concerns and were working hard to address the problem, they still appear to believe that a rubber-stamping exercise seven weeks down the line is sufficient to meet their democratic obligations, but I disagree. Parliamentary scrutiny cannot be ditched because the timing is inconvenient. The regulations are too important not to be debated and given timely and full parliamentary scrutiny.

Senior Conservative Members raised these issues in the Chamber only last Thursday, when the Secretary of State for Health and Social Care gave his statement. Over the weekend, the airwaves were full of Members expressing their concerns about the Health Protection (Coronavirus, Restrictions) (No. 2) (England) (Amendment) (No. 4) Regulations 2020, which have come into force today without any parliamentary scrutiny. In fact, it was not until 11.45 pm last night—15 minutes before those regulations became law—that a copy of them became available to look at online. That gave people no time to examine them before they came into force, let alone any opportunity for debate or scrutiny. Will those regulations be debated in seven weeks’ time? Although we no longer have a recess to contend with, more than 17 other regulations have come into effect but have not yet been debated—and that does not include four that came into effect and were revoked without ever being debated. That is no way to manage legislation, and that is no way to govern.

The Government’s handling of the pandemic has been too slow throughout, and they continue to be too slow in bringing legislation to the House to be scrutinised. I again plead with the Minister, as I have done on numerous occasions, that the Government should be made aware, in the strongest possible terms, that the Opposition remain extremely concerned about the continuing contempt that is being shown for parliamentary scrutiny. The Government can and should make time to debate these regulations properly.

Of course, the Opposition want these measures to work and for us to beat the virus. The Minister must surely agree that high levels of compliance are key to our success in achieving that aim. She will be aware that there are stirrings of discontent about the continuing restrictions that are being placed on our lives. However, some people are using perfectly reasonable concerns about the lack of democratic legitimacy surrounding these restrictions to bolster their outright opposition to the measures. Let us not give them that opportunity. Let us show them that we understand the concerns about the personal implications of such restrictions, and that we take those concerns seriously, by having a full and robust debate before the restrictions are introduced. The rubber-stamping exercises that we go through in Committee weeks after the event cannot engender confidence that the measures are introduced after full consideration and deliberation.

[Matt Western (Warwick and Leamington) (Lab)]

My hon. Friend is, as usual, making a powerful point. The hon. Member for Altrincham and Sale West (Sir Graham Brady) has been particularly vocal. The challenge for us all is ensuring that we take the public with us, be they businesses or constituents. The real criticism is that if we do get the opportunity to debate the restrictions, the public increasingly will not support them.

[Justin Madders]

I thank my hon. Friend for his intervention. I hope that that does not prove to be the case but, as I say, we should not give those who want to disobey the rules the opportunity to look for reasons to do so. That is why the rule of law, Parliamentary scrutiny and timely debate are important. I understand that the situation is rapidly changing and that the Government need to act quickly, but I believe that they can act quickly and transparently at the same time. I do not see any contradiction between those two objectives.

As my hon. Friend mentioned, Conservative Members have expressed concerns about this Government’s approach to legislation. In a week when former leaders of the Conservative party have queued up to express their concerns about the Government’s proposals to act outside the law, timely debate is one way to restore public trust. It is a way of saying that the rule of law matters in this country; that rules apply to everyone; that the restrictions are serious, not an optional extra; and that the Government do not consider themselves to be above the law.

It should not be beyond the wit of even this Government to arrange, through the usual channels, for Committees to be set up at short notice so that these important regulations are debated properly before they become law. I stand ready to clear my diary, if necessary, to ensure the Opposition plays its part in providing proper scrutiny and accountability for these regulations.

My second concern, which arises as a consequence of our debating these regulations too late, is whether the scientific advice that underpins them is now out of date. If I were to take something positive from our debating the regulations so long after their introduction, it would be that we have the opportunity to look in detail at how they have worked in practice. The explanatory memorandum reminds us that the Government announced the opening of the hospitality sector from 4 July, saying that such action was possible

“due to the continuing falling of the transmission rate”.

That was consistent with the chief medical officers’ down- grading of the UK’s covid alert level from four to three, which meant that we no longer faced the exponential spread of the virus, although it remained in general circulation.

As we probably all know, it seems that that is, sadly, no longer correct. Case numbers have risen sharply in recent days. Numbers soared on Friday, with the highest rise we have seen in four months, and that continued over the weekend. The R number has gone above 1, and it is estimated to be between 1.0 and 1.2. That means that transmission is rising, not falling, contrary to what is stated in the explanatory memorandum. That is despite the fact that people cannot get tests, so we cannot even ascertain the seriousness of the problem. We know that things are deteriorating, but we cannot assess the scale of the problem because we do not have the data to measure to it.

Whatever the true scale of the increase in cases, we are in a very different position from where we were in July. It matters that we are debating, and being asked to decide whether we support, regulations that do not reflect the latest scientific evidence. I do not doubt that the advice was right at the time, but the situation has clearly moved on. Can the Minister update us on the latest scientific advice in relation to the measures in these regulations?

It is something of a nonsense that we are today debating regulations that were introduced when the picture was markedly different. Would we still be introducing these relaxations if they were due to come into force today? I would like to hear what the Minister has to say about that. What is the latest advice on whether any of the relaxations should be reversed? Can the Minister update us on whether the UK’s covid alert level will change, given the increase in the number of cases and the R number?

There is another reason why the regulations are out of date, and why any debate on them now does not lend itself to proper scrutiny. As the Minister said, the Government are moving away from national restrictions across sectors, which was the strategy when the regulations were introduced, to more localised measures. In a number of areas that were subject to local lockdown restrictions, businesses that the explanatory note acknowledges were the last to open because the transmission risk was considered to be higher did not reopen on 25 July. That was the case in Leicester, for example, which went into the first local lockdown on 22 July, as well as in Blackburn with Darwen and in Luton, which were subject to extra restrictions from 25 July.

To debate whether those relaxations should go ahead now, when they did not go ahead at the time in some local areas because of a spike in infections, is to make a mockery of the process. Granted, it is not as bad as debating the Health Protection (Coronavirus, Restrictions) (England) (Amendment) (No. 3) Regulations, which closed down zoos and safari parks, on the same day as another set of regulations came into force that opened them up again, but we are not too far away from that. This shows again the importance of debating future regulations in the House before they come into force.

It is a matter of considerable regret that we are being asked to debate these regulations without the full information on which the Government based their decisions. It is not the first time that has happened. The scientific evidence behind the decision to ease the restrictions is not readily available, and that is an issue when the key question that we must ask is whether the regulations will increase the spread of the virus.

The explanatory memorandum that accompanied the original No. 2 amendment regulations stated:

“There is recognition that these changes may lead to an increase in transmission rates and will continue to be kept under review.”

I have previously asked the Minister to clarify which measures, individually or collectively, were considered to be likely to lead to an increase in transmission rates. We still have not had any clarity on that, and that is not reassuring when we hear that the Government have based their legislation on the science.

The explanatory memorandum for the original No. 2 amendment regulations shared some of the scientific advice from the Scientific Pandemic Influenza Group on Modelling on why some measures could be relaxed, but this explanatory memorandum provided no such advice. It may be that the advice no longer holds good for the reasons that I have already outlined, but unless we have complete transparency on that, we are not in a position to judge its strength or relevance. Was the decision to reopen these businesses and venues based on advice from scientific advisers? How is the risk quantified? Were any elements of the relaxation considered to be riskier than others? What, if any, mitigating measures were recommended?

As I have highlighted to the Minister on several occasions, we have not seen the legally required reviews of the regulations. We know that the Secretary of State is required to review them every 28 days. The first review was due by 31 July, which means that a second was due by the end of August. Why have we not seen the findings of those reviews to inform our decision making today? The Secondary Legislation Scrutiny Committee has called on the Government to ensure that that information is provided. Without those reviews, all that has been published alongside the regulations is an explanatory note telling us that no consultation has been carried out and no regulatory impact assessment has been undertaken. Will the Minister commit to publishing the review of the regulations alongside the full scientific evidence and full impact assessment?

We will not press the regulations to a Division, but I hope that the Minister has got the message loud and clear that the continual failure to debate these regulations in a timely manner is unacceptable. If the Government really want to live up to their ambition of Parliament taking back control, they should start by acting in a way that allows it to do so.