Health Protection (Coronavirus, Wearing of Face Coverings on Public Transport) (England) Regulations 2020

Motion to Approve

Moved by

That the Regulations laid before the House on 15 June be approved.

My Lords, the Government are committed to ensuring the safety of passengers travelling on the transport network during the Covid-19 pandemic. We have therefore introduced these regulations to make it mandatory for passengers to wear a face covering while using public transport services in England from 15 June.

To give a bit of background, this instrument was made on 15 June under powers conferred by the Public Health (Control of Disease) Act 1984. These regulations are exceptional measures brought forward to mitigate the unprecedented impact of the Covid-19 pandemic and to comply with all the Government’s obligations relating to human rights. Although these regulations are a necessary response to the serious and imminent threat to public health posed by the spread of coronavirus, they are being brought before your Lordships’ House today for the scrutiny and debate they require under emergency procedures approved by Parliament for such measures. These regulations help save lives. That is why Parliament has given Ministers these powers.

Although our advice remains to work from home if you can and to avoid public transport where possible, there is now an increased demand for public transport as sectors of the economy reopen and more people return to work. The public transport network is vital to the safe reopening of the economy and the regulations were made to coincide with the easing of other lockdown measures to help protect people from each other on public transport, where it is not always possible to maintain social distance.

The evidence shows that wearing a face covering offers some protection from transmitting the virus to others. These regulations sit alongside existing advice on social distancing and practising hand hygiene, which remain critical. We have worked closely with transport operators to ensure widespread communication around the need to wear face coverings on public transport and we have set out the detail of this policy in our guidance, including information on enforcement and the exemptions in place for those unable to wear a face covering.

As expected, initial reports from operators and Office for National Statistics surveys show widespread compliance with the requirement to wear a face covering on public transport. There is and continues to be public support. We will continue to monitor compliance and our approach to enforcement.

As I said, the regulations introduce a requirement for passengers to wear a face covering while travelling by public transport in England from 15 June unless they are exempt or have a reasonable excuse not to do so. The regulations apply to passengers travelling on public transport in England by bus, coach, tram, ferry, hovercraft, cable car, aircraft, and domestic and international trains. School transport services, services provided by taxis and private hire vehicles, and cruise ships are excluded from the regulations.

My Lords, obviously we are confirming reality but also reinforcing the importance of these regulations to prevent ill health and to persuade people to get back on public transport, rather than have the upsurge now occurring in the private use of cars.

In the half-minute I have left, I will draw attention to the importance of people being extremely sensitive, and of operators and those operating in the public transport system looking out for two elements. One is people who lipread, who obviously will not be able to do so. The second is those who cannot see and rely on hearing. In the first case people obviously will be wearing face coverings and cannot be lipread. In the other, people will be wearing face coverings and will be difficult to hear. I am putting a word out for tolerance and perhaps some public information on public transport that says “Look out for those who do not have the facility you have.”

Public transport, particularly that serving crowded areas and centres of population where people work, is often the only practical method of travel. These regulations are timely—some might say overdue. They make sense and for the most part they are adhered to. Last week I was in London. Buses were emptier than usual, but most of those travelling were wearing masks.

One area of concern is that evidence suggests that young men are less inclined to be compliant. I understand that it might not be seen as cool—nor is being dead, or passing the virus to strangers, friends or family. There is a host of masks online for less than £5, specially designed for the youth market. Can the Minister tell the House what measures of engagement have been used in large centres of population, where public transport is really the only way of getting around? Did local behaviour change as a result of it?

My Lords, while supporting these regulations, I feel their scope is very limited. Scientific evidence clearly shows that Covid-19 is spread as an aerosol. The president of the Royal Society yesterday referred to the evidence that the Royal Society has published. Many other countries have made it mandatory to wear a face covering in all public areas, including shops. On the basis of the scientific evidence, should the Government not look further to see whether face coverings should be made mandatory in all public areas?

My Lords, I support and approve of the regulations requiring all passengers on public transport to wear a face covering, subject to certain exemptions. I note that failure to do so when asked is an offence subject to a fine of £100 and not being allowed to travel. How strictly are these regulations enforced?

When I go out, I always wear a mask. I fully support the guidance issued by the BMA calling for face coverings to be worn by the public as a matter of course. It is felt that if a person is not wearing a face covering and has the infection or is a carrier, the risk of passing it to another person is 70%. If the first person is wearing a face covering, the risk is just 5%. If both persons are wearing face coverings, the risk is reduced to 1.5%. Why is the BMA guidance not being followed by the Government?

My Lords, I have spent 17 weeks in this House arguing for mandatory masking. I now move on to the type of mask, as certain masks are inappropriate. Exhalation valves on certain masks, in particular the N95, are designed to make it easier to breathe out because their one-way valves release exhaled air without forcing it through a filter. That is a major problem when the mask is meant to protect others from the wearer, who may be infected. Unless you are using an N95 in a high-risk healthcare setting—that is, a healthcare worker usually wearing one for comfort—where the concern is what you are inhaling, not exhaling, do not use a valve mask. When the Government finally concede on wider mandatory masking, which is inevitable, the regulations should reflect this. Otherwise, they will only make matters worse.

My Lords, will transport providers, local authorities and the police have the power to share information to monitor compliance or defiance? Will it be possible for them to identify serial offenders? These regulations apply to people with disabilities, so will the information be made available in suitable media, such as Makaton and Easyread? Will train operators be required to make masks available for purchase on board for people who may have forgotten or lost their own? Finally, what information will be given to passengers and staff responsible for implementing these regulations about what constitutes a suitable mask for a journey—a 10-minute bus ride versus a four-hour flight in a plane?

My Lords, I fully support these recommendations but also the comments of other noble Lords. I am particularly concerned about the exemption for school transport services. In cities many children travel to school on normal public transport and will therefore be expected to wear masks or face coverings on their way to school if they are over the age of 11, yet no such protection is mandated for pupils from rural areas, who often travel on school transport services such as coaches and buses.

This morning on Dartmoor I saw a bus heavily steamed up due to rain, with all its windows shut and several pupils on board going to school. Is it not vital that Her Majesty’s Government review and amend the guidance urgently to include school transport services for secondary school pupils from the beginning of the new year? Rural pupils should be afforded the same protection as their city colleagues. I respectfully suggest that this may increase school attendance by reducing parental fear of transfer of Covid during travel to school.