Health Protection (Coronavirus, Local COVID-19 Alert Level) (High) (England) Regulations 2020

Motion to Approve

Moved by

That the Regulations laid before the House on 12 October be approved.

My Lords, we are here to debate the middle, or “high”, tier of the new three-level system of local restrictions that we believe will be simpler for the public to understand, and therefore adherence will be higher.

Before I move on to that, I take a moment to pay tribute to my noble friend Lord Moylan, whom many of us know already. I really should have given the kind of testimony that a fantastic maiden speech in the earlier debate deserves. He did a very rare and precious thing: in just two minutes he established his credentials as “Mr Infrastructure” or, should I say, “Lord Infrastructure”. He got across the sense of wisdom, expertise and his phenomenal network, which he will undoubtedly bring to bear in the House and will be hugely valued for it. We give him enormous thanks for his pithy and effective speech.

This pandemic is the most important public health emergency that we have faced in a generation. We knew that our response would require a phenomenal national effort, but that we would also need to work closely with local authorities to control the transmission and spread of the virus. For their ongoing and substantial contributions to these regulations, I would like to thank local council leaders and other participants who have engaged intensively and constructively with the Government.

I have already outlined the strategy for the local Covid alert levels approach in the debate earlier this afternoon. The important objective is to enable easy-to-understand consistency in the application of restrictions across the country, rather than the localised variations which may have created confusion in the minds of some of the public. This should also allow the public to plan and prepare for stricter measures and understand the consequences of non-adherence.

This is necessary because the numbers tell a worrying story. The doubling time for the UK is currently between eight and 16 days, although this differs considerably across regions. As set out in the minutes from the SAGE meeting on 24 September, positivity is increasing, which similarly indicates that incidence is likely to be increasing, even when operational constraints mean that the number of confirmed cases may not be increasing quite as quickly.

The second wave is starting in the home. Recent statistics indicate that a total of 65,829 new Covid-19 cases were identified in the week to 6 October. Of these cases, 51,661—or 78.5%—occurred in private residential settings. The statistics demonstrate that once the virus is in a household, there is a strong chance that others in the household will catch the disease. There is very little we can do about this. The restrictions we are debating today primarily aim to reduce or stop the virus getting into the household in the first place. They reduce household-to-household transmission by seeking to prevent any indoor meeting of two or more households, which we know to be a key source of transmission.

My Lords, I am grateful to the Minister but I am afraid that, just as in the spring, it is a case of action taken by the Government being too little, too late.

I will return to the SAGE meeting of 21 September and the comment that the more rapidly interventions are put in place and the more stringent they are, the faster the reduction in incidence and prevalence and

“the greater the reduction in Covid-related deaths.”

Clearly, the Government have decided that they will not go down that course. I am afraid that the outcome will be more ill health and more deaths.

Why is the Minister so confident that this approach will work? We know that in 19 of the 20 areas that have been under local restrictions for over two months, infection rates have gone up, not down. It looks as if, caught between opposing forces in government, the Prime Minister has dithered once again and gone for this unsatisfactory compromise.

I would like again to ask the Minister about the Government’s relationship with local authorities. The Prime Minister said that he wants to reset it. Yet last night, the Government were again briefing the media that parts of the north-west are to be moved into the very high priority tier—again, without discussion with local leaders. How on earth is that a recasting of the relationship?

Given the Government’s decision to go down this route, there are inevitable inconsistences regarding where local authorities are placed in the system and the financial support they receive. Is the Minister aware of the criticism made by Andy Street, the Conservative West Midlands Mayor, and Ian Ward, the Labour Birmingham City Council leader, of the impact of closing down the hospitality sector in the West Midlands? This decision has been made for the greater good, but the impact is devastating on that sector, which supports more than 135,000 jobs across the West Midlands. Surely, adequate financial support needs to be provided to protect jobs and livelihoods.

My Lords, I am not one of those who want zero restrictions, but I want scientifically based timely restrictions with transparency. I am sure that Mr Johnson hoped that his three-tier system would bring clarity for people to follow; indeed, public compliance depends on it. I, too, hoped that replacing the multiple sets of rules would bring that about. Unfortunately, that is not the case and the complexity of these regulations proves it.

The Liberal Democrats believe that we should follow the science. The big question asked by many noble Lords is: why did the Government implement this week only one of the five recommendations made by the chief scientist three weeks ago? How on earth can the Government claim that they are following the science when the minutes of meetings make it clear that they are not? What is the science behind the 10 pm curfew? We have never been told and it has rapidly become clear that it may be having the opposite effect to that intended, as people stream out of socially distanced pubs and mingle out on crowded streets without appropriate space or masks.

As usual the Government made an announcement before they had all their ducks in a row. We hear that discussions with local leaders are ongoing about which tier their areas should be in. One cannot blame them for holding out for more financial support. If the Government had passed on to local authorities even half the money that they have been bunging into profitable contracts with their friends, councils could have used the money to do what they do best—tracing cases and supporting them to isolate, which is best done locally. Yet, the Government insist on allowing the national system to fail before sending many of the cases to local teams, thereby losing a valuable 24 hours. When time is of the essence, this is crazy.

You cannot blame local leaders for seeking to protect their local economy by resisting going into too high a tier. What percentage of cases or growth rates divides one tier from another? We and the local leaders are not told. We now know that many positive student cases are being wrongly assigned to their home area, because that is where they are registered with a GP, instead of at their university. That is skewing the figures. Will the Minister ensure that that factor, like many others, is taken into account when assigning a tier? It is that kind of issue that makes local government highly suspicious of the criteria being used. Councils and their residents also want to know what they have to achieve to have restrictions loosened.

My Lords, in the previous debate I supported my noble friend Lord Robathan’s amendment because of the lack of scientific underpinning for the Government’s Covid restrictions. I should like to say a little more about that in the context of the hospitality sector.

Many businesses have been hard hit by the lockdown but the hospitality sector has been particularly badly affected. In my village in Kent, we used to have four pub-restaurants and two cafés. Half have closed for good since March. Those of us who spend time in London are well aware of the number of venues that are boarded up.

At some stage, an inquiry will reveal whether the decision to lock the whole economy down was right and whether the harms it caused were justified by the gains in dealing with the virus, but I am not concerned with that today. What concerns me is that the hospitality industry remains a target for government interventions and that those interventions are evidence-free.

We know that the Government’s aim is to reduce the rate of transmission of the virus. Public Health England issues a weekly coronavirus report. In its latest update, to the end of September, contact tracing shows that households and household visitors are by a country mile the biggest source of exposure to the virus, as the Minister said. Leisure and community are the next largest source of exposure but the sector accounts for only around 5% or 6% of the total—a massive category that covers everything from restaurants to playgroups. The data in the report on where acute respiratory infection incidents take place shows that food outlets and restaurants represent only around 5% of the total and pubs do not show up at all. It is much more dangerous to go to work than to go out to socialise.

Yet, the Government have piled restrictions on to this sector. Social distancing means that it is hard to make money. There are fierce rules on record-keeping, which we should have considered today, but for some reason that debate was cancelled. More importantly, the 10 pm curfew was announced last month with no evidence to support it. It was not even supported by SAGE. The puritans are having a field day with prissy remarks about alcohol and social distancing not mixing, but whoever dreamed up the 10 pm rule clearly had no understanding of human behaviour. It simply created a perfect storm for social distancing, with huge numbers exiting pubs and restaurants at the same time.

My Lords, people in tier 2 must know how they might move into tier 1 or tier 3, but what warnings of that should they expect to receive? I welcome the three-tier approach but it will lack acceptance if the guidance and rules on how any switch between tiers will be decided are not known. It is time to be open about how decisions on tiers or changing tiers will be reached, forewarned and kept under review.

This is a national emergency of unprecedented impact on everyone, young or old, rich or poor, and of every ethnic group. It is tragic that political parties and regional administrations are not working united on a national basis. Is it too late to press anew for such an approach? Faced with a long winter of stress and worry, and restrictive lockdowns for many in all parts of the UK, has not the time come to tackle this pandemic nationally and put aside the practices and instincts of partisanship and regional autonomy?

The pandemic has been likened to an enemy of the whole country that has to be fought and conquered. That calls for a united, national response. Common sense and a nationally agreed strategy, backed by the vast majority of citizens, whatever their political persuasion, are required. Will the Government seek such a solution? Will all parties and regional administrations, just for once, agree to work together in harmony? Such a lead and response would go far in reassuring the public and give them hope and optimism that the country will successfully see off this pandemic. Without such a strategy, the danger of increasing frustration, and deep worries about health and livelihoods through the dark winter months ahead, and maybe through much of 2021, may lead to growing public disquiet and unrest.

My Lords, I thank the Minister. While I will support the measure, as I supported my noble friend Lady Thornton, I want to ask the noble Lord a few questions about why we are where we are.

Will the Minister update us on the 25 used test kits mistakenly handed out last night in Selly Oak, Birmingham? More generally, why is test and trace still not running at all effectively, having been launched way back in May? These lockdown restrictions will be of benefit to people only if test results come back quickly, enough people are tested and, if positive, they properly isolate. There needs to be a complete reset on a system that is only marginally useful at best and throws up mistakes such as the possibility of cross-contamination in Selly Oak at worst.

Why as several noble Lords have said, is financial support for areas in the new high-alert level, especially for the hospitality sector, still not generous enough to cover people’s needs over the coming months? As my noble friend Lord Hunt said, if we take a city such as Birmingham, the leader of the council, Ian Ward, has said that 135,000 hospitality jobs and livelihoods are now at risk. Without even going into the argument about whether pubs are safer than people’s homes, as far as transmission is concerned, the fact remains that in high-alert level areas, some businesses—indeed, many businesses—and jobs will be lost in the coming months. Can the Minister give some comfort to those people whose jobs, especially in hospitality, are now at risk?

Unless national and local government morph into some 21st-century version of the old East German Stasi, there is no way that people can be continually spied on in their own homes, but the Government can regulate public venues such as pubs and restaurants, which is why, I suspect, hospitality is being targeted. It is a decision to tackle transmission where it can be enforced, but it will still leave many people jobless.

My Lords, I am addressing the House from Berwick-upon-Tweed. Here, local businesses and families are subject to the high level of restriction chosen for the needs of Newcastle and Tyneside, but that is 65 miles away. Berwick is not part of the Tyneside travel-to-work area. People who travel to or from work in Berwick do so mostly from the nearby towns in the Scottish Borders. There is no university or college bringing students into the area.

We have the data on the issue to which I want to draw the Minister’s attention. The Government publish figures for every area of the country in population units of 7,200. The number of new cases in the last week per 7,200 people in Newcastle Central was 335, a horrifying figure. In Berwick, the equivalent figure per 7,200 people was between zero and two—so small that it is not specified whether it was nought, one or two. In the area around Berwick, there were a further five cases. No logical system would treat these two areas in exactly the same way; it is the result of relying on the boundary of the huge Northumberland unitary authority, which we were pushed into against our will, and the North of Tyne Combined Authority. It is challenging enough for local businesses being in the “high” category; it would be grossly unfair if, with so few cases, we were put into the “very high” tier or subjected to other restrictions designed to fit areas showing the very highest increase in cases.

The Minister used the words “local dialogue” in his remarks. I would like an assurance from him that, if Berwick remains so very far below Tyneside in the incidence of new cases and if consideration is given to raising Northumberland into the “very high” category, careful consideration will be given to excluding the relevant local government boards in and around Berwick. Public confidence in dealing with this crisis requires a system that is sensitive to such huge differences. Clearly, if a decision is made that there should be a short circuit-breaker lockdown, which has been the subject of much discussion in the media today, we will accept it. However, as long as there is a tiered system designed to fit the situation in particular areas, that system should operate logically and I ask the Minister to ensure that it does.

My Lords, the three-tier system is very seductive and most people could support the general principle; it is the operation that is the problem. As my noble friend Lord Hunt said, Birmingham being in tier 2 will have a devastating impact on local businesses already on their knees following the 10 pm curfew, which is unexplained and has been imposed despite the lack of any scientific evidence to justify it. We have scientific evidence that most of the transmission in Birmingham is due to socialising in private and home settings, not in other areas. The city council and the Greater Birmingham Chambers of Commerce have written again to the Chancellor seeking an informed approach to the implementation of restrictions and for restrictions to be tailored accordingly.

There is a very small rate of infection emanating from bars and restaurants in the city of Birmingham—we have already been given figures for the numbers of jobs involved. Such a move could, of course, save businesses and jobs: the opportunity was missed with these regulations. The city council and the chambers of commerce were supported by the mostly invisible Mayor of the West Midlands, who does not seem to have much clout with the Government. It is his party and we want him to have clout with the Government. I certainly hope that, in this case, the chambers of commerce have more clout.

What we need, above all, is to know what the criteria are for exit from tier 2, either to tier 1 or to tier 3. It looks as though, and the Minister carefully explained this, it is a make-it-up-as-you-go system by central government and Ministers, and that is not good enough. People need to know what is to be done. Where is the package of support? Many businesses, according to Birmingham City Council and the Chambers of Commerce, will not see 2021.

I have a question for the Minister, and if he cannot answer it now, perhaps he can answer it in the next debate. In the previous debate—or in this one, I forget now—he said that there were 310,000 swabs a day. My question is: how many people were swabbed to get the 310,000 swabs? The number of people being tested in England per day is 84,000—that figure is from his own department. He needs to explain the difference between these two figures and how it arises. I would be grateful to hear from him, either now or in the next debate.