Health Protection (Coronavirus, Restrictions) (No. 2) (England) (Amendment) (No. 2) Regulations 2020

The fourth amendment to the national regulations, which came into force on 28 August, created a new offence of holding or being involved in the holding of an illegal gathering of more than 30 people, giving the police the power to issue a fixed penalty notice of £10,000 to deter the most egregious breaches of social distancing measures.

I want to say a word about the justification for using emergency powers and give an explanation of how decisions are made. We have needed to use the emergency powers to amend these regulations so that we can respond quickly to the serious and imminent threat to public health posed by coronavirus. I know that these national regulations have caused disruption to people’s lives by placing restrictions on who they can see, what they can do and where they can work. Just as the Secretary of State has a legal obligation to protect public health, he is obliged to ease restrictions as soon as it is safe to do so.

The Government continue to pay close attention to the measures, assessing them to ensure that they continue to be necessary and proportionate. These regulations set out that a review of these restrictions must take place within 28 days. However, the Secretary of State for Health keeps their necessity under constant consideration between these formal review points. The question to be considered is whether the “restrictions and requirements” contained within the regulations remain necessary for the public health purposes of the regulations.

Each restriction must be judged by reference to its continuing necessity as the crisis develops, and be based on the available information, at each stage, about the effectiveness and impact of the measures. We use the best available science, along with consideration of the most up-to-date data available at the time to inform decisions. Central to this continues to be a robust assessment of the rate of transmission and infection. However, this Government have also undertaken significant wider analysis and evaluation of the national regulations, including consideration of economic impacts, the level of compliance with the measures, the amount of enforcement needed and impacts felt by local authorities. Understanding the full impacts of these regulations is key to continuing to improve our approach to controlling the virus. This shows the Government’s commitment to ensure that restrictions are in place only for as long as necessary, and the evolution in our understanding and approach to tackling the virus.

Perhaps I may say a word about local restrictions. Over the Summer Recess we have combined tightening restrictions in areas with outbreaks with the easing of business restrictions nationally. As welcomed in the debate just a few weeks ago, we have given local authorities powers to act quickly in response to local outbreaks by closing specific premises, shutting public outdoor spaces and cancelling events. We want to build on this trusted partnership with local government so that we can have a more targeted and localised response to any future outbreaks. We asked all councils to develop dedicated local outbreak plans. We gave councils £300 million in new funding to support this and published the Contain framework, providing further guidance on managing local outbreaks.

Where regulations have been required, the Government have worked with local partners to develop tailored and proportionate restrictions based on the best scientific evidence available, varying from a single factory to an entire region. These interventions have been underpinned by scientific evidence—[Inaudible]—to analyse this local data and provide the scientific advice—

I believe that we have met the bar set for us in these debates. These regulations are a proportionate and necessary use of the powers that Parliament has asked us to use. I commend them to the House.