Public Health

Debate between Steve Baker and Justin Madders

Tuesday 6th October 2020 Commons Chamber

[Mr Steve Baker (Wycombe) (Con)]

Should I infer from the hon. Gentleman’s points that the Labour party would like children to be excluded from the rule of six? I think that is what he is saying. Obviously, this motion today is unamendable. Is he joining some of us on the Conservative side of the House in saying to the Government that we would like them to come back with a further statutory instrument to amend the regulations, so that children are excluded if they are of primary school age?

[Justin Madders]

What I am saying is that I would like to see the evidence. I would like to know what the difference is between this country and Wales and Scotland. The Children’s Commissioner, for one, would also like an answer. If we get the answer, we can take a position on it.

--- Later in debate ---

[Justin Madders]

I thank the right hon. Gentleman for his intervention. I hope that the Government’s thought processes are rather more complex than that, but, again, we need to see what has actually been said in that respect.

When we debated the first lockdown regulations, I stated that as regulations changed, it was vital that the rules remain clear and consistent. That consistency not only carries across advice but carries across laws and all forms of official communication. It is very clear that that has not happened in this case. As we know, the Prime Minister and Ministers have made contradictory statements and have been unable to answer simple questions regarding the new regulations in the media. As the Leader of the Opposition said, if the people responsible for making the rules do not understand them, how can we expect the rest of the country to understand and follow the rules?

[Mr Steve Baker]

Will the hon. Gentleman give way?

[Justin Madders]

I am conscious that more people want to speak, so I will make this my last one.

[Mr Baker]

I wonder whether the hon. Gentleman can help me out. I am looking at the provision on linked households, which is introduced on page 6. I have looked at the explanatory memorandum and I cannot find the explanation of what linked households means. Is he able to clearly explain, for the benefit of the nation, what this linked households provision is all about?

[Justin Madders]

If we are going into pub quiz territory, then perhaps we can have a pint later on. I am afraid that we probably do not have time to go into that, because I know that a number of other Members wish to speak.

Compliance is a very important matter. The vast majority of people do comply with the rule of six, but where they have not, they will obviously get a fixed penalty notice, and we need to understand how realistic it is that that will be enforced. John Apter, the chair of the Police Federation, has called for the Government to start an effective information campaign. He said:

“For policing, these constant changes to legislation are becoming the norm. The pressures on policing have increased significantly over recent months, and this latest change will add to this pressure.”

Brian Booth, who I quoted earlier, said that officers

“simply can’t enforce”

the new restrictions, adding:

“We just don’t have the resources, the world has woken up again and it’s busy… Resources are outstripped with that demand, never mind adding on Mrs Miggins reporting that seven people are having a barbecue next door.”

I am not aware of any official figures for the total number of fines that have been issued for breaching the rule of six, or indeed whether Mrs Miggins has had a fine, but it is notable that three weeks down the line, it is reported that many police forces, including North Yorkshire police, who handed out the greatest number of fines in the original lockdown, had not issued any fines for breaches of these regulations.

Will the Minister update us on the number of fines that have actually been issued? The police have had an incredibly difficult job in this crisis, and we know the very real pressures on them due to the reductions in their numbers over the past decade. They simply cannot continue to be handed responsibilities if those responsibilities are not accompanied by sufficient resources to enable them to do their job. With the number of enforceable restrictions increasing, will the Minister set out what additional resources will be handed to the police to ensure compliance? On that point, we know that Halloween is coming up very soon. It is always a busy night for the police, but this year they will have the added burden of breaking up groups of children if they become too big. Given that those children have probably spent all day with the very same kids at school in groups far larger than six, I say good luck to the officer who tries to explain to them why their parents will get a fine for it. I would be grateful if the Minister could confirm that that is what is going to happen.

There will need to be a very clear public messaging campaign, or will there be an exception? After all, the Prime Minister hinted that the rule of six could be dropped for Christmas day. Of course everyone would like to see that, but how on earth is saying that on a particular day the rule of six will not apply at all consistent with the clear public health message that the rule of six is meant to be?

Will the Minister also clarify what the rule is in relation to mingling? Apparently, a person can be fined for mingling with an existing group of six, but there is no definition within the regulations of what constitutes a mingle. The debate would be absurd if the consequences were not so serious.

In respect of police powers, the right hon. Member for New Forest West (Sir Desmond Swayne) asked the Minister whether the police can go into people’s properties to enforce the law. My understanding is that they cannot. I do not know whether the Minister expects the police to stand outside people’s properties until six people come out and then take appropriate action.

On fines, will the Minister clarify whether there was an oversight in the regulations around who has committed an offence under them? I ask that because the regulations require event organisers to carry out a risk assessment in order to comply with the regulations, but there does not appear to be any penalty for them if they fail to do so. It seems that the fine in that situation would apply to the people attending the event. How can it be right that a person attending an event in good faith is liable only because the organiser has not done their job? I appreciate that subsequent regulations came into place a few days later, on 18 September, requiring hospitality venues to enforce the rule of six or face a fine of up to £4,000, but again, I do not believe that applies to outdoor events. Can the Minister clarify whether that is the case? Are there any plans to introduce a penalty for the organisers of outdoor events who fail to comply with the regulations?

I am conscious that a number of people wish to speak, so I will conclude by confirming, as we have done on many occasions, that we want the Government to succeed in fighting the virus. However, let me be clear that the rise in infections we are seeing was not inevitable and the restrictions we are debating today were not inevitable. The Government cannot continue lurching from crisis to crisis. To take people with us, we need to see more transparency, the evidence behind the restrictions that are being introduced and better communication. We need new laws introduced after the democratic process has been completed.

How can we find ourselves, eight months into this pandemic, with confidence in the Government’s response draining away, rather than growing? How can we have one of the worst death rates in the world? How can we have a test and trace system so obviously failing to deliver the basics? The regulations might not have been necessary if the Government had fixed test and trace when the sun was shining. They wasted the summer. Let us hope that the price for that is not a very bitter winter.