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

Motion to Approve

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

My Lords, these regulations, which were made on 12 October and came into force today are necessary owing to the continued rise in the national transmission rates of coronavirus in England. They form a critical part of the government response to the ongoing threat to public health posed by the coronavirus epidemic.

The new local alert level approach, announced by the Prime Minister on Monday, will rationalise the important programme of local interventions that have been applied across the country. It will enable a coherent set of interventions across England, making it easier to communicate to the public which restrictions apply in their area. This will increase the likelihood of compliance and the effectiveness of social distancing measures.

Today we are debating three sets of regulations: very high, high and medium. The regulations in this debate set out the restrictions that will apply when the local alert level category is set at very high. These will apply when the local alert level category high measures cannot contain the virus or where there has been a dramatic rise in the transmission rates. There is no automatic trigger for an area to move into higher restrictions. Government, working with local authorities and directors of public health, will consider several factors, including the number of cases in the area, the rate of transmission, the effectiveness of current interventions, hospitalisations, the national picture and an assessment of the capacity of local health services.

Regarding restrictions on gatherings, in areas subject to local alert level very high restrictions, social contact will be reduced to break potential chains of transmission. For that reason, meetings in indoor venues and private gardens is limited to a single household. Meetings in outdoor venues are limited to a single household unless exemptions apply. The intention is to dramatically reduce social contact while balancing the social and well-being benefits of meeting family or friends. We recognise the risk of isolation, and have taken targeted policy interventions to mitigate this. For instance, a single-adult household and one other household of any size may link together to form a support bubble. A gathering that is made up of people from the same bubble is not subject to the six-person outdoor limit or the one-household gathering limit that applies indoors and in private outdoor settings.

The Government recognise that both weddings and funerals are significant life events. As such, the following higher limits apply to balance the need for people to recognise these significant events, while minimising the spread of the virus: weddings and civil partnerships are subject to a 15-person limit; funerals are subject to a 30-person limit; and wakes are limited to 15 people.

The restrictions placed on business seek to balance reducing social contact and enabling businesses to continue operating to minimise disruption to the economy. We know that hospitality poses a high transmission risk. PHE data shows that, between 3 August and 27 September, 148 known outbreaks occurred in restaurants and food outlets. PHE’s weekly surveillance report also highlighted that, from 21 to 27 September, 13% of those who tested positive for Covid-19 reported eating out in the time before symptom onset, when there is a high risk of asymptomatic transmission. The Scientific Advisory Group for Emergencies has also highlighted that alcohol consumption may increase risk of non-compliance with social distancing and that hospitality settings are associated with increased risk of transmission.

At end to insert “but that this House regrets the failure of Her Majesty’s Government to provide the scientific evidence used to inform these Regulations and other restrictions put in place to address the COVID-19 pandemic, including the imposition of a 10.00pm curfew on businesses.”

Some noble Lords may have noticed that I have my reservations about the government policy regarding this pandemic. Of course, there are many different views. Yesterday, we had the somewhat surprising and unlikely juxtaposition of both the leader of the Labour Party and the Conservative leader of Essex County Council calling for tougher restrictions. They may be right.

I have great sympathy for the Government because they are in a very difficult position. They have the hugely difficult task of balancing public health needs against the needs of society and the economy in their policy. They may be right, as we wait with bated breath for the vaccine cavalry to come over the hill. Apparently, though—according to Kate Bingham, the chairman of the Vaccine Taskforce, today—the likelihood is that the vaccine will be only 50% effective.

There are different and opposing views on how to deal with this public health crisis. Of course, I may be wrong. It may not surprise your Lordships to know that I have occasionally—perhaps on many occasions—been wrong in the past. However, this amendment is not concerned with my views or the opposite views.

First, let me ask: what is the purpose of Parliament and this House? Are they just talking shops? The tribunes of the people in the other place should hold the Government to account but we, too, have a role to play, primarily as a revising Chamber. Frankly, we often do rather a good job of that. Also, as I recall from my days at school studying for the British constitution alternative O-level, we act as a check on an unaccountable or overly powerful Government—especially one with a big majority in the Commons—and the arbitrary abuse of power. We should not overstate that role but we can point out the wrongs of untested government decisions.

My amendment concerns the 10 pm curfew in particular. Surely Members of the House of Lords and the House of Commons can legitimately ask about it, because the curfew will do grave damage to an already fragile hospitality industry. Restaurants will struggle without two sittings per evening. Pubs are seeing a slump in sales while, incidentally, supermarkets are seeing an increase in the sale of alcohol to be consumed at home after 10 pm. Crowds are being ejected on to the streets at 10 pm, which rather ruins the idea of preventing large gatherings. There will be a reckoning in terms of closed pubs, bankrupt restaurants and, of course, unemployed staff.

My Lords, my amendment says that

“that this House regrets that Her Majesty’s Government have failed to implement an effective test, trace and isolate regime for COVID-19 and calls upon Her Majesty’s Government to give all local authorities the resources they need to operate an effective contact tracing system in their areas; furthermore notes that these measures may not be sufficient to address the impact of the COVID-19 virus; and calls upon Her Majesty’s Government to provide the support local businesses and communities need to have confidence in responding to the COVID-19 pandemic.”

I speak to my amendment with a sense of real regret and sadness because, as the Minister tells us from time to time—and I believe him—he and his colleagues are working hard to deliver test and trace and fight the disease on our behalf. I recognise what a huge job the Government have. I wish to make it clear to the Minister that we will not vote against the regulations, but we will see whether we test the opinion of the House on this amendment. However, it is time to come clean. What follows is a sad account that justifies the House expressing an opinion of regret.

I hope that the Government have a plan to make test and trace, as well as investment in local communities, work. When NHS Test and Trace was launched in late May, the Prime Minister promised that it would help “move the country forward”—that we would be able to see our families, go to work and stop the economy crumbling. In the absence of a vaccine, the Prime Minister’s “world-beating” system would be worth every penny of the £10 billion-plus that the Chancellor announced in July would be spent.

This week, we learn that the Government’s SAGE scientific advisers have concluded that the current test and trace system is not working. They say that too few people are getting tested, results are coming back too slowly and not enough people are sticking to the instructions to isolate. They say that the system is having a “marginal impact” on transmission as a result and that, unless it grows as fast as the epidemic, the impact will only wane.

My Lords, I agree with what my noble friend Lady Thornton said, as these regulations need to be seen in the context of a failed and still failing government policy. There is still no coherent government strategy. “Where is the plan?”, the Labour leader Keir Starmer rightly asked. The introduction of a mass-testing programme, checking everybody for the virus on a regular basis, would be one way to endure the crisis while minimising the damage to the economy and the risk to life, but there is still absolutely no sign of such a programme. When people are tested they have to wait ages to get their results, often making the tests out of date. In September, nine in 10 care home tests in England got back late.

The Government are pinning all their hopes on a vaccine but cannot say when there will be one. Nobody can; the answer cannot just be locking down continually, given the large economic and social cost this involves. A recent Lancet peer-reviewed paper identified three key elements essential for bringing the virus under control; none of them is really happening. As Professor Devi Sridhar, chair of global public health at the University of Edinburgh, has written:

“Most important is a robust system for testing, tracing and isolating, where test results are returned within 24 hours, at least 80% of people’s contacts are reached and there is high adherence to a rule of 14 days’ isolation for those exposed to the virus.”

We will otherwise be locking down, lifting and locking down continually, with massive economic and social costs. I fear that these regulations do not address that key question.

My Lords, I speak on this statutory instrument as a Liverpool city resident and, for eight years, the leader of its city council. Liverpool’s people have a strong sense of community and justice, and what is fair and right. If there is a wrong against the city and its people, they will always join together to fight that wrong— as our Prime Minister has found, to his cost. The agreement hammered out by Boris Johnson and the city’s regional mayor to put Liverpool in tier 3 was tough and has major consequences for the economy of the city region and the jobs of its people. Liverpool has seen cases of Covid-19 rise and rise, although not to the highest in the country. Intensive care units at Liverpool’s main hospitals are now at 95% capacity.

The deal hammered out by the Prime Minister and Labour’s mayor Rotheram is certainly tough; it has put Liverpool City Region as the only region in tier 3, with all the restrictions that entails. This puts a real strain on the whole community and its cohesion, with families separated, people’s jobs and livelihoods lost or put at risk and the city’s economy in danger of going back to the 1980s. Given the severity of the situation, the people of Liverpool are entitled to ask questions and expect straight, honest replies.

Why was Liverpool put in tier 3 when areas of the country with a higher rate of infection were not? What does the Chief Medical Officer mean when he says that these tough restrictions will not be sufficient without tougher local action? Will we get the resources to have a proper test and trace system in place, as the current system has badly let us down? Does the Minister not agree that it would be sensible for all the schools to have a two-week half-term now? Liverpool has 70,000 university students, the majority living in residential communities. Does the Minister consider there is a case for students to study online from home? How many so-called Covid marshals have been recruited in the region? Finally, travel restrictions are tough: they advise not travelling out of the city region and certainly not staying overnight. Are the Government making arrangements so that the city region’s MPs can work and vote from home?

My Lords, government gets harder by the day, but the released SAGE report is shattering because all that it predicted is being seen. Will the Government use half-term as a circuit break and stress, over and over again, the two-metre rule for all places, avoiding indoor shared workplaces?

How many complaints have been received about test and trace? With local lockdowns happening, is all testing and tracing now being handed over to local public health with a transfer of funds from the current outsourced system? Is accompanying the seriously ill and dying still allowed, especially if the relatives have either had Covid clinically or want to take the risk? The guidance seems silent on this. The mental health harm of banned visits will haunt us for years. I declare that I chair the Commission on Alcohol Harm; we have heard how pushing alcohol consumption into homes with cheap supermarket booze pushes up domestic violence.

What of the app? Some 79% of adults are thought to own smartphones, but the figure falls to 40% for the over-65s, and not all smartphones are compatible with the Test and Trace app. In tier 3 areas, what proportion of the population have a smartphone that is compatible with the Test and Trace app versus the old NHSX app? Of the 1.5 million QR codes registered with the Test and Trace app, why has only one notification to isolate been sent? Is the app failing? How much money has been spent on trying to get this Google/Apple app to work?

Two-metre distancing, proper mask wearing, soap to wash hands and a circuit break will be far cheaper in the long run and could cost fewer jobs and fewer lives.

My Lords, since being introduced to your Lordships’ House last week I have been treated with generosity and kindness by noble Lords on all sides of the House. I am particularly indebted to my two supporters, the noble Lord, Lord St John of Bletso, and my noble friend Lord Borwick, and to all the staff who have been so helpful since I appeared here—not least, and in fact especially, the doorkeepers.

Many people can point to a career that is a sort of linear progression, whereas mine has been more a series of happy stumbles. At the core of it is 28 years spent in local government—something that I stumbled into in 1990, becoming a councillor at that stage. That gave me the opportunity to have an insight into much of the hidden infrastructure, the amenities that make our civilised life possible—everything from waste disposal and parks management to roads, railways and aviation, all of them important to us and all fascinating operating businesses in their own right.

In 2008 the Conservative candidate was elected Mayor of London and he asked me to be the deputy chairman of Transport for London. There was a great deal to learn there as well, not only about the operation of railways but about tunnelling, construction and, most painful of all, automatic signalling. Meanwhile, back at my local authority I was writing a local plan and promoting development and new housing.

Now I have stumbled into your Lordships’ House, and I hope while I am here to be able to draw on my experience to give support to the Government as they pursue an ambitious and very necessary infrastructure strategy for the country. I will also be very keen to support them as they manage our exit from the European Union in such a way as to make us a properly self-governing country.

I turn to the matter in hand. Many noble Lords have spoken wisely. It is a matter of immense difficulty and delicacy for the Government at this stage to deal with this pandemic. At some point they will need to stand back and tell us that we can make our own decisions again. That moment is not now, but we must hope that it is not delayed for too long, or beyond the point that is good for us. For now, however, I am content to support this measure.

My Lords, I am delighted to have this opportunity to congratulate my noble friend Lord Moylan on his maiden speech in your Lordships’ House. It was delivered in record time, so he was unable to do justice to his considerable achievements.

I had the pleasure of knowing my noble friend when up at Oxford. His presidency of the Oxford Union provided a platform for him to display outstanding intellect and considerable debating skills, which he has put to good use in the City and local government for many decades. Despite his modesty, he has never stumbled but has moved seamlessly from challenge to challenge as a natural leader of people, with strength of purpose, a deep knowledge of the local government challenges to be faced and, above all, an instinctive ability to understand how local government impacts the lives of local people—a subject very relevant to today’s business before the House. I am certain that the House will be the beneficiary of his experience and insights for many years to come. He is warmly welcome.

I turn to the SI before us. The Minister will not be surprised if I make one comment about active lifestyles. It is well known that one of the strongest measures that we can take to tackle Covid is to reduce obesity, increase opportunities for sport, recreation and an active lifestyle, and ensure that we are as fit as possible. An active and well-balanced campaign to be physically and mentally strong is the best way of dealing with Covid. The campaign led by ukactive to keep gyms and leisure facilities open should have the total support of the Government. While it is critical to seek improvements in the way that we treat patients suffering from Covid-19, it is equally important that, where gyms and leisure facilities can be safely opened, they should be. I call on the Government to recognise that and not to close them during this pandemic.