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

The restrictions include measures for business. In the first debate, I outlined much of the evidence from SAGE, PHE and other studies which demonstrate that hospitality venues pose a high transmission risk. Therefore, these regulations require the closure of hospitality and some leisure venues, including takeaways, from 10 o’clock in the evening to 5 o’clock the following morning, except for delivery or collection during that period, as long as the order is placed remotely—for example, online or by phone. This, again, is to reduce the likelihood of people not adhering to social distancing rules, as compliance is often affected by alcohol consumption. The regulations also mandate table service if alcohol is served on the premises. Customers are required to be seated when they order their food and drink, which is then served to them. The business should take all reasonable steps to ensure that customers remain seated to consume it. If no alcohol is served, customers can order at a counter, but the business should take all reasonable steps to ensure that the customer remains seated while consuming the food or drink on the premises.

On business closures, the regulations close down nightclubs, dance halls, discos and other venues which open at night, have a dance floor or provide music, whether live or recorded, for dancing. This is because such businesses and services pose a much higher transmission risk and cannot currently be opened safely. We continue to work with representatives from these industries and business sectors to develop options to facilitate a safe way for them to reopen. The Government recognise the importance of these industries and have committed to a world-leading £1.57 billion rescue package to help them weather the impact of the pandemic.

The regulations create offences punishable by fines and provide for the issuing of fixed penalty notices. For individuals, the first offence carries a £200 penalty, which is halved if paid within 14 days, and the fine doubles for every subsequent offence up to a maximum of £6,400. For businesses and services, the first offence is £1,000, followed by £2,000, £4,000 and then £10,000 for every offence committed thereafter.

I reiterate that the Government express their profound thanks to the vast majority of people who have made huge sacrifices through this pandemic and will continue to do the right thing and follow the rules. However, to protect public health it is important that police have appropriate powers to deal with those who break the rules.

I once again express my thanks to noble Lords for their valuable contributions to this debate and the two earlier debates and for challenging us to do better in this vital area of public policy. I believe that we have met the bar set for us in these debates and that these regulations are proportionate and necessary to protect the public from the spread of coronavirus and to prevent a second national lockdown. I beg to move.

I said in the past that I was uncomfortable dealing with retrospective and sometimes contradictory SIs—but, like most of us, I have gone along with it because it is important to try to work together. Now Labour’s previous support has been thrown in its face by the Prime Minister, who is saying that we are the ones doing the U-turns. I do not detect that kind of combative aggressiveness in the Minister, but I would appreciate his acknowledgement that Labour has up to today been as strong a supporter as he could ask for in supporting these statutory instruments.

I am somewhat confused by the paragraph on linked households; other noble Lords have referred to this. I may not be the only one in the country who is confused. The paragraph states that a household of one adult and children under 18 may link with another household. However, there is no limit on the number of adults or children who may be in the second household. Can the Minister say how this fits in with the rule of six, either indoors or outdoors? Why can the first household not have two adults and no children in it?

Lastly, I want to touch on the plight of young people who have fallen on the wrong side of the law. Services to young people are at an all-time low and the restriction on gatherings hits young people very hard. I note that workplace canteens are exempt from the restrictions, as are canteens in criminal justice accommodation, which includes young offender institutions. It is essential that young people should be able to at least socialise with their peers in this setting at mealtimes. Are visits from relatives allowed at young offender institutions, or do they fall under the same restrictions that exist in residential care homes? Isolating young people from their family support network is not likely to change the behaviour that brought them into the criminal justice system in the first place.

Broadly, I support the introduction of these three instruments, but I fear that they may be a little too late to deal with the second wave of infections that is overtaking our country.

Business wants to work with the Government on support during these restrictions. The CBI, of which I am president, has proposed a six-point action plan. Business wants to see the following: increased visibility and awareness of the data trigger points used in decision-making; ensuring that decisions are communicated at the right time to the right people; clarity of message on what people can do and on changes to what they cannot do; communication of who is in charge of the lockdown, with a go-to person accessible to businesses who can provide information; stepping up test and trace efforts; and a framework which recognises that local lockdowns will impact local economies differently, with improved support for businesses and people where staff absences are due to self-isolation rules, a clear mechanism for channelling funding quickly by local authorities, and any such support made easily accessible to local firms.

Turning to more general questions about the decisions to leave most of the country designated as “medium” level, how is risk defined in those areas so designated? Is there any differentiation within these areas? What are the ranges of the R number? What modelling is being done by SAGE or other groups, and at what level, to establish transmission routes or speed of transmission from areas of high infection to areas of low infection? What advice are the Government giving public health leaders in the south-eastern region, for example, about what they might expect and what they should be preparing for? Given that there are many universities in the south-east, what assessment have the Government made of likely sites for the spread of infection? What advice is now being given to universities across those areas, especially on testing? What precise trigger point would escalate the decision to move regions to tier 2? Which pillars of the Covid-testing strategy are informing these decisions? Given that SAGE has confirmed that the NHS Test and Trace system is having a marginal effect on areas with the highest rates of infection, what evidence is there that it is having a more effective impact, in terms of contact tracing, on areas of medium risk? Have the Government assessed the relative advantages of a Serco track and trace system over those of local authorities?

We are all shocked by the resistance that the Government showed to SAGE advice three weeks ago. Now we are told that the Government might be considering a circuit-breaker. I beg of them not to dither any more, because I predict that we will be here in a few weeks’ time debating a temporary lockdown. The tragedy is that we will have wasted weeks, when we could have saved lives in the process.

At the best of times, the Government’s message is confusing. We must remember that the population has paid a very heavy price for the action taken so far. We are now expecting even more from them. They will oblige if there is absolute clarity in the message that comes from the top. This has not been the case. It is here that I want to thank local radio stations, provincial newspapers and ethnic papers, which have been at the forefront. They have probed statements for clarity and highlighted issues affecting local communities, care homes, business and the hospitality industry. Communities are better informed not because of the Government but because of how they have highlighted the fight against the virus.

In conclusion, let us not forget the plight of those at the wrong end of this issue, who fit in all three tiers that we have talked about. These include single mothers living in limited accommodation and victims of domestic violence, which is on the increase because of isolation. Unemployment is on the increase, and test and trace has been so poor—and there are many other factors. These will not go away, and action is necessary on all fronts.

We value the award of honours to those who have excelled in their contribution, and I am delighted that so many from minority communities featured on the last list. Their contribution in providing care has been unique. Many have provided food and help where appropriate. If there is one positive message from the present crisis, it is that we are more united now than we have ever been.

However, I come back to these regulations and the others that we have considered today. They all need to be reviewed in 28 days. The 28th day is 11 November—a date of some significance. I think that this House and the public need to know more about the criteria that will be applied to those reviews—the assessment that has been made and how the balance, with all the competing matters that face us, is being approached and reached. May we please have some days before 11 November to debate the matter?