Tuesday 12th May 2020

(3 years, 11 months ago)

Lords Chamber
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Baroness Evans of Bowes Park Portrait The Lord Privy Seal (Baroness Evans of Bowes Park) (Con)
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I thank the noble Lord and the noble Baroness for their comments. Like them, I pay tribute to everybody for the fantastic national effort that we have seen over the last few weeks. They are absolutely right: it is critical that we provide information at this very difficult time, particularly as we are coming out of the lockdown. We are committed to keeping Parliament and the public informed. In addition to the plan that was published on Monday, over 45 guidance documents have been published, and there is more to come, so we are absolutely committed to making sure that everybody has the most up-to-date and best information possible so that they can understand their responsibilities and the decisions they have to make in the coming weeks.

The noble Baroness asked about the vulnerable and shielded. I assure her that there has been a huge amount of cross-government, cross-agency and local government work. Local resilience fora in particular are playing a critical role in supporting and helping those who are shielded—that will continue—and, of course, we should pay tribute to the hundreds of thousands of members of the public who have signed up to the good Samaritan app to help and provide support to those people.

The noble Baroness rightly asked about the data and the R rate. The fact that the R rate today remains between 0.5 and 0.9, which is perilously close to 1, is the reason why we are taking very careful steps in the coming weeks. In particular, that is why we have set up the joint biosecurity centre, which will bring the UK’s leading epidemiological expertise together to ensure that future outbreaks are detected and brought under control.

This centre will collect a range of data to build up the picture of infection rates across the country, and analyse it to form pictures of changes in infection rates across the country, thereby providing intelligence on both the overall national picture and potential community level spikes. It will advise the CMO of a potential change in the alert level, which we have also just set up, and the CMO will then advise Ministers. It will identify specific actions to address local spikes in infection in partnership with local agencies, and of course it will work in partnership with the Government and the devolved Administrations to ensure that it is effective throughout the United Kingdom.

I hope that the noble Baroness will therefore see that this centre will be critical as we move into the next phase. We will rightly be looking at all the data and its robustness, and ensuring that we can act quickly to changes in data and, along with SAGE, advise the Government. Several other countries, such as New Zealand, South Korea and the United States are also operating a Covid alerting system of the type that we have just set up.

I can assure the noble Baroness that the devolved Administrations have been involved in all discussions. As she rightly said, I sit on a number of the COBRA committees. Representatives of the devolved Administrations attend every committee. We discuss areas of best practice and mutual interest, and where approaches and data slightly diverge. It has been a very strong relationship between the Administrations, but there have been differences in the data in each country—it is of course right that the devolved Administrations make decisions for the people of their area.

Both the noble Lord and the noble Baroness asked about the return to work. We have been working closely with unions, the Health and Safety Executive, public health authorities, business groups and local authorities to develop the guidance that we have published for businesses, and we will of course continue to do so. I am pleased to let the noble Lord and the noble Baroness know that today we announced £14 million of additional funding for the Health and Safety Executive. We are determined that it should be able to do its job. Nobody should be forced to work in an unsafe workplace. If employees are concerned that their employers are not taking all practical steps to promote social distancing, they can report them to their local authority or to the HSE, which can take a range of actions. We will support them in doing that.

The noble Baroness and the noble Lord asked about schools. We want to get reception and year 1 children back into education as quickly as possible and as the scientific advice allows. We believe that school is the best place for them to learn and we know that it is important for their mental well-being to be back with their friends and teachers. Schools will open only in a phased way and only when it is safe to do so. We will of course continue to work closely on this with the unions. We have published guidance for schools and other healthcare settings. We are asking them to implement a range of protective measures, including increasing cleaning, reducing pinch points at the start and end of the day and utilising outdoor space, and we will look at their staying in their small classes for as long as possible so that they have minimum contact with groups around the rest of the school.

The noble Lord asked about testing. We believe that we have a robust system in place, but we will not be complacent. We are trialling the NHS app, but that is just one part of the track and tracing system that we will use. We will ensure that the vulnerable and those who do not have access to the app will be able to be tracked and traced. We will certainly continue to learn from international experience, as the noble Lord mentioned.

The noble Lord also asked about the UK’s borders. During the contain phase, we had enhanced monitoring at the borders to identify symptomatic travellers, but once there was significant transmission within the UK, the scientific advice was that border restrictions would have had a marginal effect on the number of coronavirus cases. Now that domestic transmission within the UK is coming under control, it is right that we take these new measures. As the noble Lord said, the Prime Minister has been talking to President Macron to develop a joint approach.

The noble Lord asked about the House of Lords and a hybrid House. As he will know, work is ongoing to establish how we can do that, but I am sure that all noble Lords will want to ensure that if we return physically we do so in a safe environment both for your Lordships and for the staff, who are supporting us fantastically through this difficult time.

Lord Flight Portrait Lord Flight (Con)
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My Lords, I thank and congratulate all who have been involved in containing the coronavirus crisis. The Government’s plans are correctly conditional, and they have a difficult balance to strike. This must avoid proceeding too far and too fast. When life is at stake, perhaps the first objective must be to avoid a second peak, which could overwhelm the NHS. Under the Government’s plan, we are just about at level 3. When do the Government expect to achieve our target of level 1?

My second question is prompted by my wife and focuses on the tragic number of the elderly and vulnerable who have died in care homes, where the Covid virus is still life-threatening. Will the Government consider obliging all care home employers to provide regular testing of the carers in their employment? Many carers do not wish to be tested, as they fear losing their jobs if they test positive.

Baroness Evans of Bowes Park Portrait Baroness Evans of Bowes Park
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I thank my noble friend for his question. More than 140,000 tests have been delivered to almost 440 care homes since April. The CQC has referred more than 34,000 care workers for testing, so testing is on the up, and we will be delivering up to 30,000 tests a day for staff and residents of all care homes that look after the over-65s by early June.

I am afraid that my noble friend cannot tempt me to speculate about when we might reach level 1. Of course that is what we are aiming for, and we have set out some cautious steps over the next couple of months that we believe we can take but only, as he rightly says, if we manage to keep the virus under control by paying attention to social distancing and the other measures that we need to keep us safe.

Baroness Primarolo Portrait Baroness Primarolo (Lab)
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My Lords, I refer to my declared interests. I want to return to the question of safety in the workplace. Does the Leader not agree that to provide clarity and simplicity the Government should now agree to make Covid-19 safety standards in the workplace legally enforceable, thus ensuring that employers that implement the safety standards are not undercut by those that do not and, importantly, that employees have a quick resolution of disputes about the safety of their workplace and confidence that their health and well-being are protected without delay so that they can continue to be in their workplace safely?

Baroness Evans of Bowes Park Portrait Baroness Evans of Bowes Park
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As I said in my answer to the previous question, it is absolutely right that nobody should be forced to work in an unsafe workplace. I have set out a number of ways in which employees with concerns could take them forward. Of course, we expect businesses to abide by the Covid-secure guidelines. We have done a whole series of them for different types of workplaces. We have worked closely with the unions, the Health and Safety Executive and public health authorities to make sure that these are accessible, and will work very hard with business to make sure they provide the safe workplaces we all want to see.

Lord Taylor of Goss Moor Portrait Lord Taylor of Goss Moor (LD)
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My Lords, the muddled messages of the last 72 hours have left the nation uncertain and confused by the Prime Minister’s plan. Does the Minister agree that first publishing draft proposals—even options—and a Green Paper that experts, Parliament and the public could have scrutinised and interrogated could have delivered greater clarity, less confusion and quite possibly better answers? Then, announcing conclusions first to Parliament, where they could be questioned and explained, would certainly have ensured that the all-too-obvious confusions were at least answered and hopefully avoided. Does the Minister agree that Parliament has evolved in this way for a reason? Frankly, I am one of those who believes that the NHS’s increased capacity and the fact that the number of new cases is down means that a more targeted strategy focused on protecting the vulnerable would have been the better next step. Can the Government at least now publish their assessment of the main options that have been canvassed?

Baroness Evans of Bowes Park Portrait Baroness Evans of Bowes Park
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As I mentioned, I believe that we are being clear in our messaging and that the public understand our messages. As I said, in addition to the road map we have published more than 46 pieces of additional guidance on a whole range of areas from transport to workplace safety and school settings, and we will continue to do that over the coming weeks. We want to keep a dialogue with both Parliament and the public and take everyone with us as we navigate this cruel disease. I believe everyone is playing their part. It is fantastic that we have been able to get to a point where we have a road map and can start to see a bit of light at the end of the tunnel, but we have to make sure we continue abiding by the social distancing rules, keeping up with hand-washing and doing all those other things we have been told about. That is what we need to do to keep moving in the right direction as we tackle this disease.

Earl of Clancarty Portrait The Earl of Clancarty (CB)
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My Lords, how confident are the Government in reaching and maintaining from the end of this month the 200,000-a-day testing target that the Prime Minister promised yesterday in answer to a question during the Statement?

Baroness Evans of Bowes Park Portrait Baroness Evans of Bowes Park
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We are not at all complacent about the task ahead of us, but we reached 100,000 tests when we said we would. Our testing capacity was 110,670 and, in the last 24 hours up to 12 May, 85,293 tests were undertaken. This is a massive effort, and credit should go to everybody who is ramping it up. We will continue to work to the target the Prime Minister has set.

Lord Bishop of Durham Portrait The Lord Bishop of Durham
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My Lords, language matters. Loose language and sloppy images hinder, rather than help. We need to continue to suppress the coronavirus—learn to coexist with it—as eradication is a long way off. Does the Leader agree that any recovery road map must recognise and speak of the importance of spiritual, social and mental well-being, as much as physical and economic health? Will she guarantee that this will be the case as phases 2 and 3 are developed?

Baroness Evans of Bowes Park Portrait Baroness Evans of Bowes Park
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I thank the right reverend Prelate for his comments; he is absolutely right. I assure him that mental and physical health and well-being, as well as the financial pressures that many people are facing, are foremost in our minds. As he rightly said, it is critical that, having got the disease under control, and being able to take steps forward, we make sure we continue with that. If we do start to see the R number rise again, we have to take swift action to make sure that we do not see a second peak.

Lord Mackenzie of Framwellgate Portrait Lord Mackenzie of Framwellgate (Non-Afl)
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My Lords, the new lockdown rules are making the job of the police “almost impossible”. Those are not my words, but those of John Apter, the chairman of the front-line Police Federation. On the next sunny weekend, a father of five in London can now gather his household and drive for a day’s exercise to the Lake District. Were the police consulted on this relaxation of the rules? What advice would the Leader of the House give to the police who might check the vehicle as it enters Cumbria, particularly in the light of convoys of other drivers doing the same thing? Finally, does she think that this decision is an example of good, solid, British common sense?

Baroness Evans of Bowes Park Portrait Baroness Evans of Bowes Park
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First, I pay tribute to the police for the fantastic work that they have done. I assure the noble Lord that the Home Office has been working closely with the police to make sure that the new guidance is clear to officers. The police are updating their guidance regularly and those discussions will continue. The overwhelming majority of the public will follow the rules without the need for enforcement action or for the police to take action. That is welcome, but the police must have the ability to act if people are acting recklessly. They have been doing that around the country and we commend them for their great work.

Lord Cormack Portrait Lord Cormack (Con)
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My Lords, what plans are there to give museums and galleries the opportunity to reopen in July? These are much appreciated resources. Many of them are also at the heart of our tourist industry. While I completely accept that we could not necessarily just open the doors and let everybody come, we could presumably arrange booking systems so that numbers were controlled as well as distance maintained. Will my noble friend reflect on that and give me some encouragement?

Baroness Evans of Bowes Park Portrait Baroness Evans of Bowes Park
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One of the many tragedies of the virus is that we are not able to enjoy the fantastic cultural life and sporting events that we may have been looking forward to in the summer. As the noble Lord will know, museums, cinemas and theatres are being looked at under step 3—July at the earliest. However, I have to stress again that all this is based on ensuring that we keep the disease under control. We have seen examples of supermarkets, and other businesses that have been able to remain open through this time, being able to find safe ways to socially distance. Museums and other organisations can learn from that and from the best practice in other countries coming out of lockdown. Then if, as we hope, we get to the point when they are able to open their doors—albeit, perhaps, to a smaller number of visitors—they can do so in a safe way and we can start to see a bit more of normal life return.

Lord Monks Portrait Lord Monks (Lab)
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After a few days of muddle and mixed messages, it is very welcome that the Government have acted positively on the health and safety of workers. The TUC has described it as a step in the right direction. The challenge now is to live up to the Prime Minister’s promises. As the noble Lord, Lord Newby, asked, will this involve extra resources for the HSE, if necessary, in addition to the welcome £14 million to date? Will it involve much-needed investment in PPE so that we do not have to experience the problems in care homes spreading to other workplaces? Will there be legal protection for whistleblowers? Are the Government likely to encourage the mobilisation of the network of union safety reps, who can do an important job on this? Will the self-employed get the same protection as employees?

Baroness Evans of Bowes Park Portrait Baroness Evans of Bowes Park
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I thank the noble Lord for mentioning and recognising the TUC’s comment that these guidelines are a step in the right direction. As I have said, it is a testament to the fact that unions, businesses, the Health and Safety Executive and the Government have been working very closely together because it is of paramount importance that we ensure that workplaces are safe for all those returning to work. As he rightly said, and as I mentioned, further funding has been provided to the HSE. I am sure that discussions will continue to make sure that everyone has the resources they need so that, slowly but surely, people are able to go back to their workplaces and start that side of their life again, which I am sure many people around the country want to do. I am sure there will be a positive partnership between employers and employees; we all want the best for everyone and for this country to come out of this terrible disease.

Lord Shipley Portrait Lord Shipley (LD)
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My Lords, I shall pursue a point made by the noble Baroness, Lady Smith of Basildon. The Prime Minister’s Statement says:

“Different parts of the UK may need to stay in full lockdown longer.”—[Official Report, Commons, 11/5/20; col. 24.]


What evidence base will the Government use, and will they publish the past, current and future R rates for all parts of the United Kingdom so that future decisions can be shared, discussed and understood?

Baroness Evans of Bowes Park Portrait Baroness Evans of Bowes Park
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I hope I answered that question by talking about the role of the joint biosecurity centre, the new body that has been set up. It will have a critical role. One of its roles will be to identify specific local actions to address local spikes in infection in partnership with local agencies. It will work with the devolved Administrations and SAGE to provide guidance. We want to be transparent and we are continually looking at what data we can make available as our knowledge of this virus grows.

Baroness Hollins Portrait Baroness Hollins (CB)
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My Lords, in the new plan, how will the needs and best interests of individuals with protected characteristics, as required under the Equality Act and the Mental Capacity Act, be balanced with public health concerns? For example, just as in society at large, could family contact be resumed for people in care when both parties have recovered from Covid-19, or will blanket rules continue in care settings regardless of the mental well-being and best interests of individuals? I include here the one in four disabled adults of working age who live in care homes.

Baroness Evans of Bowes Park Portrait Baroness Evans of Bowes Park
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Of course we are absolutely cognisant of the real issues that many of the socially isolated are having, and we are very concerned about them, but we cannot put them, their carers and their families in danger—in a situation where the virus could start to get out of control once again. Of course we keep this under review, but we are proceeding with cautious steps because we have seen the tragedy in care homes and we want to make sure that it does not happen again. We want to make sure that everyone is safe and that we can move forward as a country. However, I can assure the noble Baroness that we are very aware of all these issues and we look at them in the round when we are making decisions as we start to move away from the lockdown.

Baroness Neville-Rolfe Portrait Baroness Neville-Rolfe (Con)
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The Prime Minister is rightly charting a staged return to normality, in the interests of our economy and our economic future. I agree with my noble friend that we can learn from abroad. Will the Government consider adopting the World Health Organization standards of one metre of social distancing rather than two, as Denmark has done as part of its recovery? For example, that could help to restore the scale of activity that we need in our vital construction sector, or in galleries and museums, mentioned by my noble friend Lord Cormack.

Baroness Evans of Bowes Park Portrait Baroness Evans of Bowes Park
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There is good reason for the two-metre social distancing rules, because experimental and mathematically modelled data support the view that the droplets associated with the spread of coronavirus—those expelled during breathing and talking—in the main drop to the ground within a two-metre radius of the person. There is science behind the two-metre rule. Having said that, as we continue with our hand washing along with social distancing, I hope that we will steadily move to having the disease even further under control. SAGE continually looks at this, but there is good reason for the two-metre rule at the moment.

Lord McKenzie of Luton Portrait Lord McKenzie of Luton (Lab)
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My Lords, given that we now know that the low paid in manual jobs face a greater risk of dying from the virus than high-paid white-collar workers, does the Minister consider that acceptable and what steps are proposed to rectify it? I join my noble friend Lord Monks in recommending that the Government look to TU safety reps as a significant resource to help tackle the current situation. Finally, one sector that the Government have particularly focused on to make a start under their “baby” return is construction. Of course, one thing we know about construction is that it is one of the riskier sectors so far as health and safety are concerned. There is a long history of challenges to the HSE. Although certain improvements have been made in recent times, it is an added challenge to the HSE to go about the task that it has been set. Are the Government satisfied with that?

Baroness Evans of Bowes Park Portrait Baroness Evans of Bowes Park
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On the noble Lord’s first point, we are extremely concerned about the apparent disparities in how Covid-19 affects people. That is why Public Health England is undertaking a rapid review to provide insight into how factors such as ethnicity, deprivation, age, gender and obesity are disproportionately impacting people. That review is under way and the findings will be published at the end of the month. In relation to his other points, as I said, we are working closely with the unions and businesses in developing our guidance. I am sure that we will take advantage of the excellent union reps that the two noble Lords mentioned. We are working closely with business in all sectors, including construction, to make sure that the workforce who return go to a safe place. That is in all our interests, and I believe that employers and employees will work together to ensure that it happens.

Lord Fox Portrait Lord Fox (LD)
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My Lords, the Prime Minister’s Statement announced an escalation in the level of fines. The debate earlier this afternoon highlighted how much confusion there is around legally enforceable regulations and non-enforceable guidelines, and the noble Lord, Lord Mackenzie, highlighted the difficulties the police have. In order to develop some clarity, perhaps the Minister could give just two specific examples of public behaviour which the new increased fines are designed to stop.

Baroness Evans of Bowes Park Portrait Baroness Evans of Bowes Park
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As I have said, the Home Office is working closely with the police on the guidance, and I am sure that it will update it through the NPCC and the College of Policing. As the noble Lord rightly says, fines will go up to £100, which will be lowered to £50 if paid within 14 days. As now, if members of the public do not follow the rules, the police can arrest individuals who are acting unlawfully and instruct people to go home, leave an area, disperse or impose fines.

It is worth reiterating to noble Lords that the vast majority of people are respecting the rules and what is happening. Only a very small minority is not doing so, and it is absolutely right that the police should have the tools at their disposal to deal with that minority.

Baroness Hayman Portrait Baroness Hayman (CB)
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My Lords, I draw attention to my interests as set out in the register. Yesterday, when answering questions on the Statement, the Prime Minister spoke of the huge opportunities for cleaner, greener transport in the Government’s current proposals. Does the Leader of the House agree that, when looking ahead to the enormous investment that will be required to rebuild our shattered economy, we need not to try to replicate exactly what we had before but to take the opportunities to build better and to forge a greener, fairer and more sustainable economy for the future?

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Baroness Evans of Bowes Park Portrait Baroness Evans of Bowes Park
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Yes, I do agree. That is why we have, for instance, announced a £2 billion package to boost cycling and walking, including £250 million for an emergency travel fund for England to fund pop-up cycle lanes and cycle-only corridors. This is a personal priority for the Prime Minister, and I can assure the noble Baroness that it is also at the top of the agenda for the Secretary of State for Transport.

Lord Sheikh Portrait Lord Sheikh (Con)
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My Lords, I know three people who have contracted Covid-19, one of whom became seriously ill. Fortunately, they are now all well again, thanks to the marvellous NHS. Unfortunately, it has come to light that members of the BAME communities are more likely to contract Covid-19 with fatal consequences compared with the rest of the population. I understand that a letter signed by 70 dignitaries has been sent to the Prime Minister asking for an independent inquiry to look into the reasons why this has happened. Can I ask my noble friend the Leader of the House if an independent inquiry will take place? If so, what is the timetable for that to happen?

Baroness Evans of Bowes Park Portrait Baroness Evans of Bowes Park
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I am very sorry to hear about the friends of my noble friend Lord Sheikh and I am glad to hear about their recovery. I too pay tribute to the fantastic work done by all those in our NHS and care homes who keeping us safe. As I mentioned in a previous answer, Public Health England is undertaking a rapid review of how different factors, including ethnicity, are disproportionately impacting people. The review is being led by Professor Kevin Fenton, the London regional director of public health at Public Health England, and his findings will be published at the end of the month.

Baroness Blackstone Portrait Baroness Blackstone (Ind Lab)
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The Secretary of State for Education has said that nothing can replace being in the classroom. Can the Leader of the House confirm that all primary school pupils will be able to return to school by the end of June and that further reassurances about this will be given to parents? If the R rate allows, will the Government also reconsider their plans for secondary schools so that all these pupils, whose mental well-being is also at stake, can return to school, even if only briefly, before the summer holidays? That will help to mitigate the growing inequality among children in this age group.

Baroness Evans of Bowes Park Portrait Baroness Evans of Bowes Park
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I am afraid that, as with everything, I cannot give categorical promises or guarantees. Everything is being done in a cautious way on the basis of the science, the data and public health. However, I can certainly say to the noble Baroness that it is our ambition, if it is feasible, for all primary school-age children to return to school for a month before the summer, and this will be kept under review. At this point, I am afraid that only secondary school pupils with exams next year will be able to have face-to-face contact with their teachers in order to support their remote learning. There are no plans for other secondary school pupils to return to school before the summer.

Baroness Bennett of Manor Castle Portrait Baroness Bennett of Manor Castle (GP)
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My Lords, this Statement launched the Government’s document, Our Plan to Rebuild. It says:

“Anyone with symptoms should isolate immediately, alongside their households, and apply for a test. If a negative test is returned, then isolation is no longer required.”


But the NHS is widely reported as estimating a false negative rate of 30% for swab tests. On 1 May, Pulse Today reported that the advice from NHS England is for GPs and other staff who have tested negative not to return to work if they still have symptoms. Can the noble Baroness the Minister explain the dangerous, and potentially deadly, apparent gap between those two sets of advice?

Baroness Evans of Bowes Park Portrait Baroness Evans of Bowes Park
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If people have symptoms, they should of course self-isolate, along with their household. As we have said all along, it is extremely important that people look after themselves, follow the advice and self-isolate if they think they have any symptoms. We are moving forward from the lockdown in an extremely cautious manner, and it is absolutely imperative that everybody puts their health, and the health of everyone around them, first.

Lord Lansley Portrait Lord Lansley (Con)
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My Lords, there is limited evidence about the extent of transmission of the virus between children and between children and adults. Returning to the issue of schools, I wonder whether my noble friend will ask the Government to publish their evidence on transmission of the virus between children. The Government must also look to France, which today is allowing the youngest children back into schools, in a way similar to that proposed for this country from the beginning of June. The Government should perhaps try to acquire data that would give reassurance, not least to teachers, about the safety of young people returning to school.

Baroness Evans of Bowes Park Portrait Baroness Evans of Bowes Park
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We will certainly look at international evidence. As countries come out of their lockdowns at different rates and through different measures, we will of course all learn from that. I assure my noble friend that the Government Office for Science is working to regularly publish the evidence, documents and studies that have formed the basis of SAGE’s discussions and advice to Ministers. We expect that to include the data raised by my noble friend on the reopening of schools.

Baroness Andrews Portrait Baroness Andrews (Lab)
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My Lords, further to the question asked of the Leader of the House by my noble friend the Leader of the Opposition, can she confirm now that the Prime Minister did not actually consult the devolved nations about his change of message, from “Stay at Home” to “Stay Alert”, and the policy that followed? Will she therefore now explain why the Prime Minister thinks that it is safe for people in England to go back to work, while in Wales, Scotland and Northern Ireland, it is seen as too risky and premature?

Baroness Evans of Bowes Park Portrait Baroness Evans of Bowes Park
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The Prime Minister has regular conversations with the devolved Administrations. As I said, the leaders of those Administrations are involved in all COBRA meetings and discussions. There is close dialogue. As Nicola Sturgeon said, it is

“perhaps reflecting the fact that our first cases came later than England’s … so we may be at a different—and slightly later—stage of the infection”.

As we move out of lockdown, while we want the four nations to move together, if there are slight differences, we will need to take that into account. However, I do not think that the divergence in approach between the four nations is as great as has been made out. We continue to work closely together because we all want the best for all of our citizens.

Lord Rogan Portrait The Deputy Speaker (Lord Rogan) (UUP)
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My Lords, the time allocated for the Statement is now up. The day’s Virtual Proceedings are now complete and are adjourned.