[Relevant documents: Joint Committee on Human Rights, Chair’s Briefing Paper: Coronavirus Restrictions Regulations and Lockdown, HC 265; Joint Committee on Human Rights: Background Paper: Covid-19, HC 265.]
That the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (S.I., 2020, No. 350), dated 26 March 2020, a copy of which was laid before this House on 26 March, be approved.
That the Health Protection (Coronavirus, Restrictions) (England) (Amendment) Regulations 2020 (S.I., 2020, No. 447), dated 21 April 2020, a copy of which was laid before this House on 22 April, be approved.
The Minister is asked to speak for no more than 12 minutes.
These sets of regulations were made by the Secretary of State on 26 March and 21 April respectively. Following the return of the House after the Easter recess, they are rightly being brought before the House today for the scrutiny and debate that they require. They are exceptional measures, brought forward to reflect exceptional challenges and times, but although it is right that these regulations—necessary to meet the public health needs of the coronavirus pandemic—are brought forward, it is also right that we ensure that this House is able to play its proper role, and that due process and the rule of law are maintained. With that in mind, I thank the shadow Minister and the Opposition parties for facilitating this debate taking place today.
The country has been, and still is, engaged in a national effort to beat coronavirus covid-19. Delivering a strategy designed to ensure that our NHS is protected, with capacity at all times exceeding the demand for intensive care beds for coronavirus patients, flattening the peak, and driving down the rate of transmission of disease and the number of infections, alongside the work to significantly expand NHS capacity, have all helped to protect our NHS and to save lives. Sadly, although this has been working, there have been many who have died from this disease—each and every one of them a tragedy, and each and every one a real person. Our thoughts are with all their friends and families at this time. I also put on record all of our continued thanks and appreciation to NHS and care workers, and to key workers around the country, for the phenomenal work that they are doing caring for people and keeping the United Kingdom going.
The regulations we debate today have played a crucial role in the success we are seeing in reducing infection and transmission levels. They impose significant demands upon individuals and society as a whole, with impacts on business, the economy and daily life, and I do understand the sacrifices people are making at this time, their frustrations, and, indeed, their anxieties. But these regulations are necessary, because the single most important step we can all take to beating this disease is to stay at home in order to reduce the spread and to protect ourselves and others.
Before I call the spokesman for the Opposition, I should draw to the attention of Members in the Chamber and who are going to participate by electronic means that there will be a time limit of five minutes on Back-Bench contributions. I have to adhere strictly to that timetable in order to make these proceedings work in this unusual way, so please do not look for leniency. I also ask Members who are participating from home to have some way of checking whether they have spoken for five minutes. I now call Justin Madders, who I ask to speak for no more than eight minutes.
We all wish that these regulations were not necessary, but we are all absolutely clear that, given the threat we face, they are required. Before we get into the substance of the regulations, I want to say a little bit about the process, because whether we support these measures or not, given that they represent the biggest peacetime restrictions that this country has ever seen, they do demand full parliamentary scrutiny. I do not intend this to be a criticism of the Minister or anyone else, because we all know the efforts that have been made to get this place up and running again, but a couple of hours’ debate weeks after the regulations were introduced cannot in future be sufficient to provide the level of examination and scrutiny that such sweeping laws require.
We all know the damage that this virus is doing to our society, and we all know that these measures are needed to limit that damage, but we should not forget their impact—the business shut down overnight with no idea if or when it might trade again; the child who cannot understand why they cannot see their friends any more; the grandparents cut off from their family, missing out on their grandchildren growing up. Everyone is facing their own challenges. The physical and mental toll is huge, yet virtually everyone is adhering to these rules in a way that is a testament to the resolve and determination of the British people. So we say thank you to everyone who has played their part in slowing the spread of the virus.
We acknowledge that this is incredibly difficult, and we do not want these measures to be in place for a day longer than is absolutely necessary. The first duty of any Government is to protect its citizens, and if it is necessary to curtail basic freedoms—freedoms for which people have fought and died—to protect them, reality dictates that that is what has to happen. That reality must be accompanied by openness, accountability and scrutiny at a greater level than we would ordinarily see. We accept that the regulations had to be introduced hurriedly in response to the rising number of infections, but there is now a new rhythm to life, and there ought to be time and space to ensure that any future changes have democratic consent before they are introduced.
I am grateful to be called so early in this important debate.
I very much welcome the tone that has been adopted by both the Minister and the shadow Minister. The overriding point was that they accepted that these are extreme and unusual measures that no Government or Parliament would want to see lasting longer than is strictly necessary. I hope that as Ministers approach the second 21-day review, they will do so always with a view to removing restrictions and removing the arbitrary rules and limitations on freedom as quickly as possible. Where possible, they should also give advance notice. If restrictions are kept in the review on Thursday but may be lifted during the course of the following three weeks, it would be enormously helpful for people, and especially employers, to know in advance.
I hope that Ministers will always see the time limit as a longstop and not as a target to be met. In pressing that case, I ask Ministers to reflect carefully on the experience of the past few weeks and, as the shadow Minister said, the way in which the British people have responded. In essence, it has worked with that overriding objective of ensuring that NHS critical care capacity was not overwhelmed, and it has worked precisely because the British public have been prepared to comply voluntarily. It has not been about policing, in the main, and it has not been about the threat of enforcement; there has been a common desire to make this work. The public have been willing to assist. If anything, in some instances it may be that the public have been a little bit too willing to stay at home. I am sure I am not the only Member who has heard from employers who are struggling to fulfil orders because it is difficult to get employees back from furlough. We all know how critical it is that they ought to be able to get their workers back so that we make sure that the jobs remain when the furlough period ends.
The Government were right to follow the scientific and medical advice to introduce the lockdown. They did so to keep people safe. I recognise the sacrifices made by people around the country who are diligently following the rules to protect themselves, their loved ones and the most vulnerable. However, doing the right thing comes at a heavy cost, so I welcome this opportunity to scrutinise the legislation and focus on the ways it is affecting our country, especially our communities up here in Cumbria.
I am so grateful to our police, in Cumbria and across the UK, for putting our safety above their own. As the Government consider easing the lockdown, they must provide clear guidance so that the police can continue to keep us safe with consistency and confidence.
We are battling to save lives, but also to save a way of life. We must not treat lightly our democracy and our freedom. Let me briefly put on the record my concern about the use of the Public Health (Control of Disease) Act 1984 to pass the regulations and urge Ministers to ensure that the three-week review of these measures is open and honest, and that there is full scrutiny of all new legislation.
The restrictions are necessary to save lives, and we should be extremely cautious about lifting them too soon. It is right that we are led by the science and not by politics. However, we have a responsibility to spare people from hardship and ruin. Here in Cumbria, we are deeply concerned about our tourism and hospitality industry, which had to shut down completely just as it was gearing up for its high season.
For many in the lakes, the dales and the rest of Cumbria, hospitality and tourism are seasonal. They operate their trading year on something of a “feast and famine” basis. The coronavirus hit right at the end of the famine, and now this year there will be no feast. If we do not get this right, we may inadvertently kill off an entire industry that is essential to our wider economy.
5:36 pm
Sir Charles Walker (Broxbourne) (Con)
I am reassured by the fact that the Government will be making a statement on 7 May reviewing the current lockdown, but I need to make it absolutely clear to the Minister that business is stressed. The lockdown has collapsed demand, and the longer it goes on, the harder it will be for businesses to claw back that demand. Their future is bleak. I remind the Minister that the economy is people’s lives. It is our health service, our schools, our policing, our pensions, our roads, our mortgages, our workplaces and so many more things. In short, it is us.
I urge the Government to do some modelling on the impact that the lockdown will have on the 5.9 million privately owned businesses in this country. Of that 5.9 million, 99.3% employ between one and 49 people, and if hundreds of thousands—or a million or more—of those businesses go under, we will unleash a tidal wave of human misery. Unemployment of 12% means 4 million people out of work, 4 million people suffering from mental health problems, and many more millions of people underemployed. We need to have a frank, open and honest debate about the ethics of trading lives tomorrow to save lives today. The chief medical officer has made it perfectly clear that there are people who are going to die of cancer who otherwise would not have died of cancer because of this lockdown. It may well be that, after that debate, we decide that this is a terrible trade we want to make, but we need to have that discussion, as a Parliament and as a country.
The chief medical officer has said that we may well have to learn to live with covid-19 for years to come. It may not just be a battle to beat the first wave or the second wave. There may be many waves to come, year after year, and we need an economy that is resilient and that can meet that challenge and face it down. So we have to get people back to work as safely as possible. Maybe in a few months’ time, because we want to protect our public services and the things that we value, the slogan will be: “Go to work, wash your hands, save the NHS”. Most people find their purpose, their motivation and their happiness in the workplace.
May I conclude by saying that many people in my constituency are doing truly wonderful things? Each day, they get up in the morning and go to work. I know some of them are fearful and frightened, but they go to work to keep this country running as best as they can—they are all heroes. I cannot thank everyone, because it is impossible to do so, but I would like to thank those at the little Co-op in Goffs Oak, where I live. Young men and women, and older men and women, are working on the tills, behind their glass screens. I am sure they are concerned about their own welfare, but there is always a cheery smile and a warm welcome, and they give the impression that nothing is too much to ask. There are many, many heroes, and a number of them are found at the Co-op in Goffs Oak.
I am very aware that these regulations apply to England only, so I will not detain the House for too long, but much of what is contained within them, and within future coronavirus regulations for England, has an impact on us in Wales, too.
As the Minister is very aware, the UK Government have, along with the Governments of Wales, Scotland and Northern Ireland, closely co-ordinated the response to the public health crisis, in the so-called “four-nation” approach. As we enter the sixth week of lockdown, many are calling for clarity on how long it will last and on which measures could be relaxed first, especially as we are nearing the end of the current lockdown period. We all know that for measures to work properly we must ensure that the people we represent are fully on board with the decisions taken in this Parliament and in the devolved Parliaments.
Over the weekend, the Irish Government announced their plans for lifting their lockdown in some detail, and many other Governments across the world are communicating with the same level of transparency and clarity. The Irish Government have set out five phases. Phase 1, commencing on 18 May, will allow outdoor meetings between people from different households. The fifth phase, commencing in August, will allow larger social gatherings and a return to work across all sectors. Schools are not expected to return until the new academic year, and only then in a phased manner.
I urge the Minister to hold constructive and fully transparent discussions with the Welsh, Scottish and Northern Ireland Governments over the next few weeks, so that people across all nations can continue to respect the measures contained in these regulations and their counterpart regulations in Wales, Scotland and Northern Ireland. Crucially, and if the four-nation approach is to mean anything meaningful, all Governments should have an equal voice and veto on those decisions.
These rules are necessary and the Government made the right call when they put the country into lockdown in order to protect lives. Nothing that I am about to say should in any way be taken to diminish people’s obligation to obey the law.
My first point is that we see that these regulations were made on 26 March at 1 pm. The Prime Minister announced these rules on 23 March and police officers quickly set about enforcing them, stopping people on trains and, in one case, overturning a barbecue. People very quickly found themselves subject to what seemed to be enforcement action. On 24 March, the Government sent a text message, saying that new rules were “in force now” and that people “must stay at home”. The problem is that those rules were not in force at that time; they were not in force until 26 March. I press on the Minister the fact that we must not again have a situation where the Prime Minister makes an announcement at a press conference and police officers start enforcing rules before they are made. We must in future make the law and then tell the public that it is enforced. I press on him the fact that that must not happen again.
Secondly, there is a good case that these regulations are ultra vires, and I recommend that the Government have a contingency plan in place in case a court case— a judicial review—succeeds in demonstrating that. I will try to sketch out the position very quickly—if I have understood it correctly. This is from an opinion from Blackstone, and I have tweeted the original article if people have an interest in the detail. It says:
“The regulations purport to authorise conduct which would otherwise constitute the torts of false imprisonment and trespass to the person”—
that is the physical restraint and forcible removal to one’s home. It goes on to say that for primary legislation to sanction such tortious conduct there must be
“express words or necessary implication”
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That is why, in these regulations, the Government introduce three main social distancing measures: requiring people to stay at home as far as possible, with only very limited exceptions; closing certain businesses and venues; and stopping gatherings of more than two people in public. These regulations are similar to those introduced by other countries. We have worked closely with the devolved Administrations, to whom I should also pay tribute, in developing and reviewing these measures.
The main statutory instrument, No. 350, requires enforcement of the closure of some businesses and restrictions on others from 12 pm on 26 March 2020. As set out in the notes, the regulations require the closure of drinking establishments, including bars, pubs and nightclubs, and food and drink venues with consumption on-site, excluding hospitals, schools, care homes, homeless services and prison canteens, as well as other exemptions. Regulation 4(4) requires the closure of entertainment venues including cinemas, theatres, concert halls, bingo halls, museums, galleries, spas, hairdressing and massage parlours, casinos, funfairs, libraries, community centres, and non-food outdoor markets. Regulation 5(1) requires businesses offering goods for sale or for hire, or providing library services, to cease to do so except in response to orders received online, by telephone or by mail order. Types of businesses specified in part 3 of schedule 2 are exempt from these restrictions. Regulation 5(2) excludes hot and cold food collection and delivery from the closure restrictions. Regulations 5(3) and 5(4) require hotels and similar establishments to remain open for permanent residence only to persons in a hotel because they are moving home, attending a funeral, or unable to return home.
The second set of regulations, No. 447, makes a small number of consequential amendments to improve the operational implementation of the main regulations.
These regulations are made under section 45C of the Public Health (Control of Disease) Act 1984, with Her Majesty’s Government clear that the powers under that Act are sufficient to introduce them.
Given the impact that these regulations have on individuals and businesses, notwithstanding the huge support package announced by my right hon. Friend the Chancellor of the Exchequer, I know that a number of issues relating to these regulations have been raised in recent days by members of the public and, indeed, by hon. Members, and I will touch on those now. However, I will endeavour to respond more fully to specific points raised by Members when I wind up the debate.
First, there is the question of enforcement. The Joint Committee on Human Rights and others have expressed concerns about variations in enforcement and in the approach adopted to it by different police forces. As hon. Members will be aware, guidance was issued to police forces, and this has continued to be updated and clarified. It is important that the police operate within the law, which is the law as it is set out in these regulations, and that guidance is treated as just that—clarifying guidance.
The British people have been amazing in their collective response to the restrictions, and compliance has been very high. However, a very small minority have not always complied. The police have been doing their very challenging job at this time with dedication and, by and large, pragmatism. The approach of “engage, explain, encourage, and only then enforce where it is absolutely necessary” is the right one. The small number of examples, while important, of what can seem like over-enthusiastic enforcement should not detract from the fantastic work being done by the police across the country.
The final aspect of the regulations that I draw attention to is the requirement that they be reviewed every 21 days, to ensure that they remain necessary and appropriate. The first review took place on 16 April, with the First Secretary of State confirming that they would remain in place. The next review is due on 7 May. I am aware of the desire of Members and across the country for more detail on the UK’s progress and future steps, which I understand. The review on 7 May will consider the necessity of the regulations against the public health aim, including the five considerations set out by my right hon. Friend the First Secretary of State: first, that the NHS can provide critical care across the UK; secondly, that there is a sustained and consistent fall in the daily death rate; thirdly, that infection rates decrease to an acceptable level; fourthly, that supplies of personal protective equipment and testing meet future demand; and fifthly, that evidence is clear that any changes will not risk a second peak of the virus.
The Prime Minister has set out that further announcements on this will be made soon. As he said on Thursday last week, the Government will set out a comprehensive plan this week, which will explain how we will get our economy moving while continuing to suppress the disease. It will set out how we will seek to get life back to normal for as many people as we can, as quickly, equitably and fairly as we can, while continuing to protect the NHS. And it will, of course, as throughout, continue to be guided by the best scientific and medical advice. I hope the House will understand that I do not intend to pre-empt what the Prime Minister might say later this week on the basis of that advice.
It is right that we made these regulations as and when we did to help tackle the coronavirus/covid-19 pandemic. Her Majesty’s Government consider these regulations to be proportionate and appropriate in the face of this pandemic, but it is absolutely right that this House properly scrutinises and debates them and their impact upon our country, and I look forward to hearing Members’ contributions. I commend these regulations to the House.
The regulations require a review every three weeks—as the Minister said, one is due in the next few days. The Secretary of State is legally required to terminate any regulations that are not necessary or proportionate to control the transmission of the virus. A statement in the House following the review will provide a helpful examination of that requirement. I hope that when the Minister responds he will commit to that and to an oral statement after each subsequent review. If that review envisages some relaxation of the measures, we hope that any new regulations on the back of that are debated here before they are implemented and, most importantly, that they follow a wider conversation with Opposition parties, employers, trade unions and, of course, the public.
There are reports that that has begun to happen, but it needs to be done in a structured, open way, not through media briefings or leaks. I do not say that to make a political point, but because I believe that consent for an application of the rules will be better after full and transparent dialogue than it would be without that. We need only to look at the way in which some of those rules were interpreted and applied in the early days to know that there was confusion about their exact meaning. Again, that is not intended as a criticism—no law, let alone one that is completely unprecedented in its reach in modern times could be implemented without areas where there is ambiguity, and clarification is required.
Much of that was most likely due to the unusual and sudden nature of the regulations, but even recently we have seen a divergence between ministerial pronouncements and what the law actually allows. For example, the Secretary of State for Housing, Communities and Local Government has recently said on a number of occasions that tips should be able to reopen. Regulation 6 does not state that such a visit is a reasonable excuse for leaving home.
That leads to my next point—the current rules, sweeping as they are, are not numerous. If the next phase is likely to contain a longer list of reasonable excuses to leave home, it is even more important that those rules are clear and consistent. The rules need to be harmonised with advice, guidelines and all forms of official communication. We do not want people to imply legal authority where there is none, or to act outside the law. That is vital to preserve the rule of law. We know that the lockdown was a blunt tool—effective nevertheless—and one that will change by definition as restrictions ease. There will be a measure of nuance, distinction and variation that requires careful explanation and policing. People will inevitably ask why one set of businesses can reopen, but not another. We believe that full disclosure not just of the names of the attendees of the Scientific Group for Emergencies but of all the scientific evidence and advice that has been provided is required to give the public confidence and reassurance on any changes to the rules.
It is in the area of transparency that we need a change from what have seen so far. To take people with us, and for the morale of the nation, any changes to the rules must be viewed in the context of a published exit strategy. We need clear sight of the proposed areas where restrictions will be eased, and a robust plan to protect workers and the public alongside a published impact assessment. So far, there has been no impact assessment—again, we understand why that was not possible in the circumstances, but we do not want that to become the norm, especially for regulations such as this. We see the impact every day and we know that it is not distributed equally.
I should like the Minister to provide assurances that there will be adequate personal protective equipment for all those working on the frontline and facing exposure to the virus. I should like to put on the record our thanks for the extraordinary bravery and dedication demonstrated by NHS staff and other public servants. Our thoughts are with those who have lost loved ones to the virus, and we hear the concerns from many royal colleges and trade unions in the NHS and social care sectors about the availability of PPE. That matters going forward. If, for example, any changes to the lockdown rules involve the wearing of masks in public what steps will the Government take to ensure that everyone can access them consistently and securely?
Will the Minister also address the question of what resources will be devoted to helping businesses make physical changes to ensure safe working and to increase capacity for the official enforcement of safe working practices? The Health and Safety Executive has experienced significant cuts to its budget over the past decade, and demands on it will be higher as questions inevitably arise about safety. What extra funding will be available to meet that demand?
Will the Minister provide clarity on the status of the 2-metre social distancing rule? It is probably the most effective tool in helping to stop the spread of the virus, yet it does not appear in the regulations. Does it appear elsewhere? Is it actually enforceable? On the question of enforceability, the comments today from the TUC about the lack of enforceability of the proposed guidelines that it has seen are extremely troubling. We cannot allow people back into work unless there is confidence that a robust and enforceable system is in place to guarantee their safety.
Finally, we require clarification on the list of vulnerable people in schedule 1 of the first set of regulations. For example, motor neurone disease appears in the schedule as an underlying medical condition for those in the vulnerable category, but it is not among the high-risk category of patients on the NHS shielding list. This may well be another example of where there needs to be greater harmony between the regulations and other guidance.
In conclusion, we will not oppose the regulations but, given that they represent the most severe restrictions imposed on British liberty in modern history, it is critical that they are subject to continual comprehensive and transparent scrutiny. Democracy demands no less.
As the Government begin to set out a staged return to work over the coming weeks—I hope that will be set out on Thursday—it will become even more important that we rely on common sense and voluntary co-operation rather than arbitrary rules. The shadow Minister referred to the 2-metre distancing rule; it is looking increasingly likely, from what I read—probably correctly—that Ministers will look to move to a more nuanced set of guidance, which may focus far more on the importance of hygiene. Perhaps there will be the use of disposable gloves if somebody is travelling on public transport, the regular cleaning of surfaces, and all the things that may apply in schools as well as in other workplaces. As these changes come forward, it will be far easier to make them work through a conversation with the British people—by giving people guidance as the Government’s views and the advice they receive evolve, rather than by seeking always to set out very clear, arbitrary rules and regulations.
It is perhaps more important that that approach should be taken in dealing with our more senior citizens. We have the healthiest, most active elderly generation of all time, and it would be tragic if the Government threatened that by trying to extend the so-called lockdown for those judged to be most at risk based on age. Why do we not just give them the best information and advice and let them limit their risk for themselves? There is no reason why the constituent who wrote to me who is a keen cyclist and turns 70 in November should not continue regularly to cycle 30 miles to 60 miles a day, as he did before the lockdown was imposed.
Finally, let me return briefly to the importance of parliamentary scrutiny. It is deeply regrettable that the current 21-day period of extension will end on a day when the House is not sitting. The announcements that will be made on Thursday would be better made in the House. We should hear them here first; it should not be the media that get to question Ministers on those announcements. I hope that when future periods of review are considered, the House, and perhaps the Government, might bear that in mind.
It is a humbling honour to speak for and from a part of Britain as breathtakingly beautiful as the south lakes. Our communities here are as strong as the landscape is beautiful. Hundreds of volunteers, many facing severe hardship themselves, are involved in serving their neighbours in their hour of need. We may need to stay a safe distance apart, but our communities have never been closer. I am proud of our people, and I am determined that they should be financially stable and secure at the end of all this.
In normal times, we are one of Europe’s biggest visitor destinations. Last year alone, we received 16 million visitors. Visitors come from Britain and all over the world, not only for the landscape but because we have a world-class hospitality and tourism industry, with the best pubs, restaurants, accommodation, attractions, heritage and history, and an innovative retail sector fully integrated with the visitor economy.
In the Lake district alone, 80% of the working population are employed in tourism or hospitality. The Cumbrian visitor economy contributes £3 billion a year, and £1.45 billion will already have been lost by next month, with 80% of the workers in the hotel and food industries currently furloughed. The RSA study indicated that Cumbria was the most exposed economy in the country, with one in three jobs now at risk. That would be utterly devastating to families throughout our area, so I am determined to defend them and to find a way to avoid that. We are encouraged by the Government’s announcement of £617 million of support to help those businesses that are falling through the gaps, but it remains to be seen whether that money will be enough to support all those currently struggling, such as small B&Bs and home-based businesses. I urge Ministers to ensure that no one is left behind and no one left destitute.
When it is safe to do so, the lockdown will ease, but it seems likely that hospitality and tourism will be the last to return to normality under the Government’s plans. We understand that. Our priority is to protect our people and to save lives. The problem is that if hospitality and tourism are phased back in in the autumn, having missed out on the feast of the summer months, they will have to try to keep themselves afloat just as the famine of winter begins. Additional grants and an extension of the furlough scheme will be needed over the summer, but if that is all we do, the Government will simply be delaying the failure of businesses, the loss of jobs and the hardship and misery of the families of the south lakes. I will not stand for that, and I hope that Ministers will not do so either. That is why I urge the Government to protect this vital industry by committing to a 12-month funding settlement for tourism and hospitality so that they can survive the winter and be ready to lead the revival in the spring of 2021.
Joint decision making is the way forward in the post-Brexit British state, especially on restrictions on movement. There are concerns that the £60 fixed penalty notice contained in the regulations—this is reduced to £30 if paid within 14 days—does not act as an effective deterrent. I urge the Government to look again at the fines contained in the regulations. Dafydd Llywelyn, the police and crime commissioner for my local police area of Dyfed-Powys, is advocating faster fines of about £1,000, after officers in Dyfed-Powys issued hundreds of penalties during the Easter holiday. Further, stiffer penalties and enforcement actions are also required against second home owners who break the lockdown to visit their holiday homes. I hope there will be action at the Welsh level on that, and I am glad to report to the House that discussions have taken place between the Welsh police forces, the Welsh local authorities and the Welsh Government on this issue.
I agree with the points raised by the hon. Member for Westmorland and Lonsdale (Tim Farron) about the impact that the regulations are having on the tourism sector in particular and about the need for a specific future economic strategy for tourism. Agriculture is another area facing considerable difficulty. I know we are all crying out for a day at the beach or a weekend away, but the regulations need to make it crystal clear that over the coming bank holiday weekend we should all be doing our part by staying home and saving lives.
to that effect. But section 45G(2)(j) of the Public Health (Control of Disease) Act 1984, under which these rules are made, does not expressly, or by necessary implication, authorise physical confinement.
It is also the case that the Act expressly prohibits the Secretary of State from imposing certain of the special restrictions on people; they can only be imposed by a magistrate. It suggests that, under the 1984 Act, the Secretary of State was not meant to be able to put on people restrictions that would otherwise be tortious—false imprisonment or physical restraint, for example. Therefore, we may be in a position where these draconian rules—these necessary rules—are not well founded in law, and I would like to know today the Government’s position on that. I would like to be assured that, if the lockdown needs to continue, the Government will have a contingency plan in place to ensure that it is well founded in law.
The third point was very well made by the shadow Minister, the hon. Member for Ellesmere Port and Neston (Justin Madders). He called for harmony between the guidance and the law. There have been very severe, absurd problems arising because the police have sought to enforce rules that were not actually in law. For example, the law in England does not specify that people may not drive to exercise. I know of people who have stayed at home because they need to drive a short distance from a place where they cannot exercise to one where they can. People have been accused, for example, of not sweating adequately when cycling. When doing yoga, they have been accused of not exercising. These things are absurd and wrong and worrying for law-abiding people. The Government may not in future be able to close this difficult area by harmonising the guidance with the rules, so what I suggest is for them to have a look at the Highway Code, where there is already a precedent for rules given with a “should”, which means that they are, in a sense, guidance and not enforceable, and for things that people must or must not do. Given that we have that precedent, can we please close this gap, so that police officers are not put in the invidious position of trying to enforce what are really no more than Ministers’ opinions of what should be done—in other words, things that are not in law?
I want to finish by saying that I am very grateful to the Prime Minister for his liberalism. I am extremely thankful for the exceptionally high-quality policing in Wycombe, where I have had no complaints. None the less, the people of the United Kingdom should not have to rely on the goodwill of the Prime Minister and the Government or the good sense of police officers in order to go about their lawful business. I implore my friends on the Front Bench to ensure that we uphold the rule of law and the freedoms on which they depend.