Health Protection (Coronavirus) Regulations 2020

Considered in Grand Committee

Moved by

That the Grand Committee do consider the Health Protection (Coronavirus) Regulations 2020.

My Lords, in the time available to me, I would like to remind your Lordships of the level of seriousness with which we should address the level of Covid-19 and the context for the Government’s response. I will then explain the workings of the regulations in detail and how they fit into our wider strategy for addressing the outbreak.

On 31 December 2019, Chinese authorities notified the World Health Organization of an outbreak of pneumonia in Wuhan City, which was then classified as a new disease, Covid-19. On 30 January 2020, the WHO declared the outbreak of Covid-19 a public health emergency of international concern.

Based on current evidence, the main symptoms of Covid-19 are a cough, high temperature and, in severe cases, shortness of breath. It is a new virus, so there is a lack of immunity in the population and, as yet, no effective vaccine. This means that Covid-19 has the potential to spread extensively in the population.

As expected, case numbers are increasing, but the UK remains well prepared for such outbreaks. As of 9 am on 9 March 2020, 24,960 people had been tested in the UK, of whom 24,641 were confirmed as negative and 311 were confirmed as positive.

Although our knowledge is growing by the day, much remains unknown. The four UK Chief Medical Officers have made it clear that the disease currently presents a moderate risk to the public, but that planning and preparation for the potential of a more widespread outbreak is sensible. As the Prime Minister has made clear, there could be a very significant increase in the number of cases of coronavirus in the UK.

Tackling Covid-19 requires a robust, integrated and proportionate response. On Tuesday 3 March, the Prime Minister introduced the UK’s coronavirus action plan, providing the public with information on what the Government have done and on their plans to tackle the coronavirus outbreak.

The Government’s approach to tackling Covid-19 can be summarised in four phases: contain, delay, research and mitigate. The Government have focused hard over the past weeks on the containment phase, taking precautionary measures to limit the spread of the virus as much as possible. A crucial aspect of that is ensuring that people who are contacts of known cases or are considered to be at high risk of infection are isolated from others for a period of time, ensuring that they cannot infect others but can readily access help if they fall ill.

However, we have been acutely aware that there are important gaps in our public health legislation that could potentially undermine the success of this policy. It was to address these gaps that the Secretary of State for Health and Social Care laid an instrument before Parliament on 10 February 2020 and made a Statement in the other place on 11 February 2020 about that action. My noble friend Lady Blackwood repeated the Secretary of State’s Statement about the instrument in this House and answered questions at the time.

The regulations provide the power to screen, isolate and detain those at risk of spreading Covid-19 and, if necessary, to keep them isolated for a period of time. The powers are proportionate—they include a number of important safeguards to ensure that all actions are proportionate. Importantly, the regulations apply only in respect of Covid-19 and have a sunset period of two years from the date of coming into force.

Clear statutory tests are set out in the regulations to ensure that the imposition of requirements on restriction, including that of detention and isolation, must always be proportionate and necessary. There is a right of appeal to the magistrates’ court against the imposition of any requirements. There are also clear checks on detention, such as a requirement for any detention lasting over 14 days to be reviewed as soon as is practicable, and subsequently every 24 hours, by the Secretary of State.

Although the regulations provide powers to impose restrictions on groups, the powers are proportionate to what is sought to be achieved. For example, each person in the group would have to be believed to be infected or potentially infected and to be at risk of infecting others, or to have arrived on the same conveyance from the same infected area. That analysis will be considered for each individual.

These regulations will help us to slow down transmission of the virus and make it easier for NHS and public health staff to do their jobs. While the risk that Covid-19 poses to the public remains moderate, the new regulations are essential to ensure that the Government remain suitably prepared to contain the spread of the virus for as long as possible.

I would like to explain in detail the powers in the regulations for the benefit of the Committee. The powers can be used by different designated individuals depending on what is most appropriate for the circumstance. A Part 2 order is an order that a justice of the peace can make under the Public Health (Control of Disease) Act 1984. These are powers to order health measures in relation to persons, things or premises such as isolation, detention and quarantine. This regime continues to apply as it always did. The regulations do not impact on the current ability of local authorities to apply for orders under the Part 2A order regime.

The Government have taken steps to introduce these regulations in addition to the existing legal framework, as this made it difficult to take appropriate action in advance of an individual becoming unwell, even if there was a strong suspicion that they could be incubating and spreading disease. Secondly, so-called Part 2 orders, which enable restrictions on individuals on public health grounds, could be applied only by local authorities. This potentially undermined a more uniform approach to disease control and meant that the Secretary of State was reliant on others for the timeliness and effectiveness of those critical public health measures. Thirdly, the existing legislation has limited enforcement powers, making it more difficult in practice to deal with people who are trying to evade public health precautions or regimes or who do not follow advice or the conditions that are set.

It is important to note that the regulations are appropriate to the containment stage of the outbreak. Regulation 3 places stringent requirements on when the regulations can apply. First, the Secretary of State must declare that the incidence or transmission of coronavirus constitutes a serious and imminent threat to public health. Secondly, the incidence or transmission of the virus must be at such a point that the regulations may reasonably be considered effective in preventing its further transmission. These are important safeguards. If the declaration of a threat were revoked, the regulations would cease to apply.

Regulation 4 sets out that the Secretary of State or a registered public health consultant may require that someone is detained for screening and assessment either if they reasonably believe that the person is or may be infected with coronavirus and may infect or contaminate others or if that person has arrived in England from an infected area.

Regulation 5 permits them to impose various restrictions to ensure that screening and assessment can take place and to impose further restrictions or requirements as considered necessary for the purposes of removing or reducing the risk of infecting or contaminating others. Regulation 6 outlines in more detail what screening may involve, while Regulation 7 sets out further restrictions which may be applied, including restrictions on travel, activities and contact with others.

Regulation 8 covers the isolation of persons who are or who are suspected to be infected with coronavirus, while Regulation 9 sets out safeguards such as a duty on the Secretary of State to have regard to the well-being of anyone detained, and to review any continued detention over a 14-day period. Again, these are important safeguards when imposing restrictions on individuals.

Regulation 10 relates to the application of the provisions to groups. Regulation 11 enables a registered public health consultant or the Secretary of State to apply for a Part 2A order, which currently can be applied for only by a local authority. Regulation 12 covers appeals, while Regulations 13 and 14 enable police constables to enforce detention requirements or to initiate detention if they have reasonable grounds to suspect that someone is, or may be, infected with coronavirus. It is important to note that they must as far as reasonably practicable consult a registered public health consultant before taking action in relation to initial detention, and must have regard to any guidance from Public Health England. Regulation 15 covers offences, while Regulation 16 sets out that the regulations are subject to sunsetting two years from the date of commencement.

The regulations apply only to England; health is a devolved matter, therefore we continue to consult with the devolved Administrations regarding appropriate measures for any individuals who may return directly to Wales, Scotland and Northern Ireland. That includes options in primary legislation that would cover the entirety of the UK.