Health Protection (Coronavirus, Restrictions) (England) (Amendment) (No. 3) Regulations 2020

Motion to Approve

Moved by

That the Regulations laid before the House on 1 June be approved.

Approval period expires 27 June.

My Lords, the amending regulations that we are discussing were made by the Secretary of State on 31 May and came into force on 1 June, and again on 12 June, with changes coming into effect between 13 June and 15 June. Following the Prime Minister’s announcement on Tuesday of this week, there will be a further set of amendments made to the regulations next week.

I begin with the issue of sequencing, which I completely acknowledge is a concern and would like to address up front. Amendments to the regulations have been rapid and frequent. This has been necessary to ensure that the Government can respond quickly to the changing threat from this horrible disease. Events have demonstrated that the regulations have been a success and critical to helping us to reduce the infection rate and protect the NHS. However, the Government recognise that the measures have come at a significant cost to many aspects of our lives. The British people have made sacrifices that few would have previously predicted in order to control the spread of the virus. It is our duty to relieve them of these sacrifices by lifting restrictions as soon as it is safe to do so.

The use of the emergency procedure, which involves the unusual step of bringing regulations into force prior to them being debated in the House, has enabled us to do just this. Through this process, we have been able to adapt social distancing measures to best reflect public health interests while beginning a welcome shift towards normality and reopening the economy.

I recognise that there may be frustrations because we have had to run several of these amendment processes in parallel. However, as I outlined to the House 10 days ago, I believe that government action and parliamentary scrutiny working in tandem, even under difficult circumstances, has demonstrated the merits of our constitution. Nevertheless, I wish to reiterate that we do not see this as a precedent for how government engages with Parliament on other matters in more usual times. I have heard the concerns of many noble Lords, I acknowledge their worries, and I am grateful to all parliamentarians for their continued support in this matter during this peculiar period.

Coronavirus is the biggest challenge the UK has faced in decades. That is why the Government needed to introduce these extraordinary regulations to put in place social distancing measures that would slow the spread of the virus and protect our NHS in order to save lives. I am extremely grateful to the public for their continued support for these onerous measures—a commitment which has been instrumental in making these regulations a success.

I am proud of the strength and resilience shown by this country. This strength and resilience has helped us to make great progress, culminating in the continued decline in daily death rates and the drop in our Covid alert level from 4 to 3. Now, we must look towards recovery and a return to our normal way of life as soon and as safely as possible.

My Lords, we are once again in the unsatisfactory situation of debating regulations that are already in place and, following the Prime Minister’s announcement early this week, now somewhat academic. I listened very carefully to what the Minister said in opening this debate. We are, of course, in exceptional circumstances and the Government have had to act very quickly, but I would draw the Minister’s attention to the report today of the Secondary Legislation Scrutiny Committee, which urges the Government to ensure that legislation follows on more closely from any announcements they make. As the committee says, even a short gap between regulations being laid and their coming into effect would better enable those affected to prepare, having seen the law’s actual, detailed requirements, rather than just the headline announcements.

Public confidence would also be enhanced with the timely publication of the full scientific advice available to Ministers. When the crisis first occurred, Ministers were very fond of saying that they were following the science. This was much in evidence in the Downing Street briefings, with the presence of the Chief Medical Officer and Chief Scientific Adviser. They have been less in evidence recently, although they did come to the last briefing in Downing Street this week.

The standing down of the Chief Nursing Officer when she would not endorse the behaviour of Dominic Cummings was a standout moment that did great credit to the Chief Nursing Officer—rather less so to Downing Street. Scientists are not above criticism, but surely, we are entitled to see the full advice going to Ministers. In the case of the ludicrous 14-day quarantine period for visitors to this country, we are still awaiting even a summary of the advice. Will the Minister say when it is going to be published? Would he accept that, if the public are to regain confidence in the Government, the full advice should be published?

My Lords, we play a game of illusion—a pretence that these regulations that put restrictions on citizens and keep parts of the economy closed are enacted with the agreement of Parliament. No. These regulations stem from emergency executive powers. Like lapdogs, we are discussing regulations that we cannot influence, revise or halt. Ministers sit in an office and decide the law, knowing that they are immune from normal parliamentary procedures and cannot be held to account. Maybe, back in March, quick-footed action was required due to the slowness of starting lockdown—but is who you can now meet in your back garden really an emergency power?

In the three debates we have had, I have not heard the Minister convincingly explain why we still need emergency legislation to gradually unlock the country. We do not live in a pre-Covid world, so we need to act and behave differently to ensure that the chain of transmission is slowed and broken. The Government should now focus on introducing a framework that allows proportionate, smart and targeted measures; they need to stop this executive, blunt, catch-all approach.

Powers and responsibilities need to be in place to hit local outbreaks fast and hard. Ministers say that powers are in place to implement local lockdowns. That is news to many on the front line and in local communities. Powers exist to close a building, but will the Minister inform the House who has the power to lock down a small area within a town or city when this is needed, and which laws stop that community moving about the whole town or city they live in? That detail is needed, not a general statement that the powers exist. The time for these blunt and undemocratic regulations has passed. We now need smart, targeted and effective local powers to break the chain of transmission and keep people safe. I look forward to the Minister convincing the House that these are indeed in place.

My Lords, I welcome the changes announced by the Prime Minister on Tuesday, which render discussion of these regulations rather academic. I suggest one more essential tweak to what was said on Tuesday. We are told that the one-metre rule needs additional mitigating factors. That is unnecessary waffle. We should say that at one metre face masks are compulsory for everyone, no ifs or buts.

Today, I want to turn to the investigation of death anomalies and how that must be done carefully and thoroughly. As my noble friend knows, there is a huge industry out there ready to denounce everything about our country as institutionally racist. There is no coherent BAME community. It consists of black ethnicities, Asian ethnicities and all other minority groups who are not white. While their death rates are higher than whites’, there are wide variations between them, so the Government should report on the individual ethnic groups, not just this grouping called BAME.

We must also get to the bottom of why men are three times more likely to die than women, fat people twice as likely to die and people with diabetes—and possibly a lack of vitamin D—also twice as likely to die. None of these conditions is anything to do with racism, but the anomalies are just as great, so we need to know if underlying health conditions are the root cause of death variations. Perhaps they are or perhaps they are not, but we must have an authoritative and detailed analysis so that it is not exploited by those who wish to find institutional racism where none may exist.

My Lords, my remarks are no criticism at all of the Minister, but I am deeply concerned about the regulations. They completely fail to include crucial mitigating measures, as the noble Lord, Lord Blencathra, has just said, which are necessary for each step of the reopening of the economy if we are to avoid a second wave of the virus.

In his detailed analysis of countries’ responses to Covid-19, Professor Jeffrey Sachs concludes that the Asia-Pacific region has been successful in controlling Covid using just three low-cost solutions: face masks—which is interesting—physical distancing, and test and trace. I do not think that face masks are mentioned at all in the regulations. Is that not remarkable when Professor Piot, director of the London School of Hygiene & Tropical Medicine, said the other day that people are safer one metre apart wearing masks than they are two metres apart not wearing masks? Yesterday, of course, the Prime Minister took further steps to open up the economy. Can the Minister explain why, when the scientific advice is clear that the wearing of masks reduces risks, these regulations do not pave the way for the compulsory wearing of masks in shops and other inside spaces where one-metre social distancing will be the norm?

Another yawning gap in the regulations is the absence of any mention of the Google/Apple app or indeed any other successful app used in other countries, and whether and precisely how such an app will be rolled out across this country in order to drive down infections and enable the latest plans to open up the economy to be carried out safely. Surely we need regulations now to put a successful app in place. The UK cannot afford to continue doing too little, too late to fight this virus. Christophe Fraser, disease epidemiologist at Oxford University, says that human tracing will not be enough to prevent a second wave. Will the Minister appeal to the Government to include in next week’s amendments to the regulations rules for the provision of a recognised app? If not, why not?

My Lords, we all know that certain areas of the country have suffered more than most from coronavirus, mainly the big cities but not entirely so. In my own county of Cumbria, we have three of the worst areas of the country, which have twice the average compared with the rest of the country.

I suggest that any response in which we loosen up will have to include a local variant if there is a resurgence of coronavirus. In particular, take those areas with many visitors. The Lake District National Park has 19 million visitors a year, with a resident population of 40,000. It is important that we have an assurance today from the Minister—and I hope we will get one—that if there is a resurgence of coronavirus in the national park then the priority will go to protecting the lives of the people who live there as opposed to the understandable desires of visitors who come and marvel at the area’s beauties; they are here but gone tomorrow, while others live here. I worry whether the Government have the will-power and the ability to stand up to the overwhelming tourist industry if there is a crisis. I hope they will do so and protect local residents.

Since we debated the previous SIs on 15 June, we have started to venture out, return cautiously to the shops, sit closer to a stranger and dare to hope that a summer holiday may be possible. These latest two SIs lift more restrictions for England. There is a balance to be struck between protection, thus preventing a second wave, and getting back to a new normal as soon as possible. For many pubs, the ability to serve takeaway meals has been an opportunity to try to keep revenue coming in. My local pub has turned into a takeaway service—with queues appropriately distanced—for older residents in the village and younger ones too, and that is much appreciated.

I am fascinated by a few of the decisions in these SIs. Why are we concerned about “elite athletes” but not young budding musicians? What made a legislator think that a place of worship would be an ideal setting for early years childcare? Does the Minister have any information about take-up, or registration to use such buildings? What consultations were held first with religious authorities?

Many will be glad that churches—and, I assume, other places of worship—can reopen for silent prayer. Usually these buildings are open but unattended. Can the Minister outline the sort of advice given about managing distance and keeping surfaces clear and behaviour appropriate?

I note that the Google Maps app has been collecting our movement data and, presumably, providing it to Public Health England to determine our behaviours out of lockdown. I do not doubt that by default we will have given our permission, but I wonder what practices were going on before Covid-19 and will continue after lockdown. Will the Minister please clarify the situation for the House and place a letter in the Library, copying in noble Lords speaking today? I am content to support these measures.

My Lords, I welcome my noble friend to the Front Bench. It is also good to see the spokesman for the Official Opposition in the Chamber. These issues are moving very fast, as the Minister said, but the key area for me now is the economy. The economy worsens day by day, and the focus now has to be on that.

As a nation, frankly, we do not need micromanaging. Even the Prime Minister says that the British people have good sense. I hear that pubs are going to have to list the people who are going to have a drink there. They know who they are having a drink with, and if they should fall ill then they know exactly who they are. We do not need any lists collected at the pub.

On cricket—and I declare an interest as president of Northamptonshire County Cricket Club—today we could quite easily handle county cricket on a one-metre basis, let alone club cricket. I know the ECB has been making representations. I hope that when my noble friend has finished with his machine there, he will actually think about that.

Weddings are coming back—hurrah!—but why can we not allow some hymns at a wedding? My goodness, it is not as if that is a major problem of illness. Open-air concerts are part of the tradition of England. They could easily be handled on a one-metre basis. It is a sad reflection on the role of religion in our society that churches were closed when people needed to pray together. They were then taken off the list a bit, but only after non-essential retailers.

On gyms, I thought people went to the gym to keep fit, but they are not allowed to open even though they have distancing.

Lastly, there is still the huge problem for the airlines of quarantine. The sooner that is gone, the more likely we are to recover as an economy.