Health Protection (Coronavirus, Restrictions) (England) Regulations 2020
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Lord Bethell
That the Virtual Proceedings do consider the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020.
Relevant document: 11th Report from the Secondary Legislation Scrutiny Committee
The Parliamentary Under-Secretary of State, Department of Health and Social Care (Lord Bethell) (Con)
My Lords, I will outline what the regulations we are considering do, then set out the policies and processes underlying their development, their implementation and finally their monitoring and review. However, first, I will recap the Prime Minister’s announcement.
Informed by scientific evidence and advice, on 10 May, the Prime Minister announced that there will be further changes to the regulations. These will come into effect on Wednesday 13 May. Your Lordships will hear the details of the Statement later today, but in summary there are further regulation clarifications. First, it is permitted for a hotel or other accommodation to provide services to a worker in a critical sector whose need for accommodation is connected to their work. Secondly, additional reasonable excuses to leave or be outside the home will now include visiting a shop that is otherwise closed to collect goods or visiting a local waste or recycling centre.
In addition, there are changes affecting businesses and venues. First, the regulations expand the list of reasonable excuses to leave or be outside the home to include outdoor recreation, including but not limited to exercise, as is currently the case. Secondly, there is an amendment to allow people to spend time outdoors alone, with members of their household or with one member of another household. Thirdly, there are amendments to enable the reopening of garden centres and outdoor sports courts.
The regulations to effect these changes will be for Parliament to approve and I hope that we can use the excellent facilities of this virtual Chamber to do so more speedily. I also add that, unfortunately, our original Explanatory Memorandum contained two typographical errors which, regrettably, we did not spot until after publication. First, it said that the first review would take place on 15 April, not 16 April. Secondly, it said that Parliament would need to approve the instrument within 20 days, when in fact it should have read 28 days.
On 26 March 2020, the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 came into force. These regulations were then followed by the regulations made on 20 April, which came into force on 22 April. These regulations mandated three key measures to protect the NHS: first, requiring people to stay at home as far as possible, with only limited exceptions; secondly, closing certain businesses and venues; thirdly, stopping gatherings in public of more than two people, with very limited exceptions.
These regulations are similar to those introduced by other countries, and we have worked closely with the devolved Administrations—to which I pay tribute—in developing and reviewing these measures. This country has been, and still is, engaged in a national effort to beat coronavirus, delivering a strategy designed to ensure that our NHS is protected, with capacity always exceeding the demand for ICU beds for coronavirus patients. Flattening the peak, drawing down the rate of transmission of the disease and the number of infections, alongside the work to significantly expand NHS capacity, has helped to protect our NHS and to save lives. I wish to put on record our continued thanks to the NHS, to 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 that we debate today have played a crucial role in the success we are seeing in reducing the infection and transmission levels. They place significant demands on individuals and society, with impacts on businesses, the economy and daily life. I understand the sacrifices that people are making at this time, their frustrations and their anxieties, but these regulations are necessary, because the single most important step that we can all take towards beating this disease is to reduce the spread by following these regulations, thereby protecting ourselves and others.
Before we made these regulations, the number of patients in intensive care was estimated to be doubling every three or four days. The Scientific Advisory Group for Emergencies—SAGE—assessed that, at the beginning of the epidemic, the R number was between 2.7 and 3. Each person with the disease gave it to nearly three other people. This type of exponential growth would have overwhelmed the NHS had it not been contained, but then our regulations took effect. The footfall data showed a significant fall of activity; UK daily footfall fell by 80% compared to last year. These regulations came in tandem with a vast and co-ordinated effort, with schools closing and becoming virtual and massive increases in testing and NHS critical care capacity.
The latest assessment by SAGE is that, across the UK, R has reduced to between 0.5 and 0.9, meaning that the number of infected people is falling. On 4 May, 27% of critical care beds in the UK were occupied by Covid-19 patients, compared to 51% on 10 April. The number of patients in hospital in the UK with Covid-19 is under 13,000 as of 4 May, 35% below the peak of 12 April. The measures have been well enforced and, importantly, well received by the public. Between 27 March and 27 April, 8,877 fixed penalty notices have been recorded as issued in England. This is less than 5% of the number of motoring offences issued in England and Wales over a similar period. In mid-March, 62% of people were extremely worried about the threat of Covid-19. It is now 43%, while 85% of people think that the stay-at-home rules should stay in place.
However, I acknowledge the great sacrifice that these regulations have required everyone to make. Whether you are separated from your loved ones, unable to go to a funeral, face restrictions in your religious observance or simply have not been able to meet your friends for weeks, everyone has made a contribution. These are exceptional measures, brought forward to reflect exceptional challenges. They were made by the Secretary of State on 26 March and 21 April respectively and, rightly, following the return of the House after the Easter Recess, are brought before the House today for the scrutiny and debate that they require under emergency procedure approved by Parliament for such measures. The regulations are lawfully made under the power of the Public Health (Control of Disease) Act 1984 and comply with all the Government’s obligations in relation to human rights. Above all, they help to save lives. That is why Parliament has given Ministers these powers. The House will be aware that there are applications for judicial reviews and other legal actions in the offing. I will of course not comment on those.
We do not use these powers lightly or without good reason. We are acutely aware of the burden that they place on society and the challenge that we face in achieving the right balance between protecting the public’s health and safeguarding individual liberties, and between saving the NHS and saving our economy. I believe that we have achieved that balance.
The reasons for my confidence are threefold. First, these regulations set out that a review of these restrictions and requirements must take place at least every 21 days to ensure that each restriction or requirement continues to be necessary to prevent, protect against, control or provide a public health response to the incidence or spread of infection in England. We completed the first review, as required, on 16 April 2020; the most recent was completed on 7 May.
Secondly, the regulations reflect the strategy that we have agreed across the UK, which is led by the best scientific evidence available along with consideration of the economic, operational, social and policy implications.
Thirdly, recognising the potential for harm to public health and the economy if measures were relaxed too soon, we have developed robust criteria to guide policy considerations on when it would be desirable for measures to be eased. These considerations are fivefold: whether the NHS can provide critical care across the UK; whether there is a sustained and consistent fall in the daily death rate; whether infection rates decrease to an acceptable level; whether supplies of PPE and testing meet future demand; and whether the evidence is clear that changes will not risk a second peak.
Ministers conduct the review guided by officials and experts, ensuring that the measures continue to be both proportionate and necessary. However, it would be naive to imagine that there have not been snags that public servants across the UK have had to work day and night to untangle. The JCHR and others have expressed concerns about the variations in enforcement and the approach to it adopted by different police forces. As your Lordships will be aware, guidance was issued to police forces; that has continued to be clarified and updated. It is important that the police operate within the law, as set out in these regulations. That guidance is treated as such: guidance.
In the first review, it was agreed that no changes would be made to the existing restrictions. However, a small number of minor amendments were required to clarify the regulations and ease their operation. They relate to enforcement of the measures and affected businesses and venues.
The changes announced by the Prime Minister earlier this week may well lead to further revisions of these regulations. Your Lordships need not feel, therefore, that this House’s role in scrutinising the Government and holding us to account has, because of the manner in which these regulations were made, become somewhat diminished—far from it. These debates influence the choices made in policy development.
I look forward to a high-quality and informative debate this afternoon. We will take your Lordships’ contributions on board. I beg to move.
Lord Bethell
My Lords, this has been an important debate about what many noble Lords have rightly called important regulations that affect everyone in this country. I thank very much all noble Lords who contributed. Before I address specific issues raised by individual Members, I reiterate the Government’s commitment to working in partnership with opposition parties and Parliament in developing the policies that find expression in the legislation we debate in this House.
This afternoon’s debate has been a classic of its kind: an opportunity for the Government to hear, through parliamentarians, the concerns of a wide range of society, as demonstrated by the excellent contributions to the debate. The delay mentioned by many noble Lords is no one’s preference and it is not for me to comment on it, but I reassure the House that the Government’s commitment to accountability is undiminished. I remind the House that we will have a debate in September on the Coronavirus Act and that there will be a report on the measures in two weeks’ time.
I reassure the noble Lord, Lord Hunt, that the Government are listening to parliamentarians and to the public. I reassure the noble Baroness, Lady Wilcox, that there is daily engagement with the devolved Administrations that is characterised in particular by the very close collaboration of the four CMOs. We listen very carefully to front-line workers and their representatives, remembering that those front-line workers bear the heaviest burden in combating this terrible disease. They are the people who deserve our protection. I reassure the noble Baroness, Lady Thornton, that guidance for employees and their roles in the workplace was published yesterday. I would be happy to send a link if that would be helpful.
We listen to the scientific and other evidence that defines the set of policy options we must choose between. I will take a moment to reassure the noble Lord, Lord Alton, that no one in this Government has ever called for us to “run it hot” and that our priority has always been to save lives. Our choices are influenced by what the country can afford to do, as well as what we can afford not to do. Our challenge therefore is to reconcile what the weight of evidence points to as the right choice, alongside people’s appetite for that choice and the resources that we can bring to bear to implement it.
I reassure the noble Baroness, Lady Barker, that science remains at the centre of decision-making and transparency remains our watchword. My office will forward a link to her office of the table outlining the implementation measures under the Coronavirus Act, which was published on 7 May.
I completely recognise the very good points made by the noble Lords, Lord Hunt and Lord Scriven, and others, that the regulations issued by the Government are complex and sometimes feel overwhelming. Dozens of guidelines are issued by Public Health England to cover every aspect of public, business and civic life. It is a huge publication exercise and the goalposts have quite necessarily moved this way and that as we have sought to be flexible to adapt regulations to changing circumstances and to the advance of science.
On each occasion that we have issued new guidance, there have been, as the noble Lord, Lord Kennedy of Southwark, rightly pointed out, questions and requests for clarification from the public. However, I reassure noble Lords that the public have been hugely supportive. They massively endorse the lockdown regulations, and their understanding of complex guidelines has quickly settled down into common-sense interpretation.
It is worth noting that the number of police interventions has not been large, as suggested by the noble Baroness, Lady Jones. In fact, it has been tiny, with just 8,000 fines in total. That is reassuring considering the massive impact of these guidelines on people’s lives. In response to the noble Lords, Lord Scriven and Lord Rosser, I commend the police, who have applied the guidance on what the new laws will entail with remarkable common sense, professionalism and restraint.
The excellent advice that we get from our advisers is world class and has guided the choices that we have made. I reassure the noble Baroness, Lady Hamwee, that we work very closely with the Behavioural Insights Team. I pay special tribute to the team and its director, David Halpern. They have brought humanity and communication skills to the otherwise clinical epidemiological advice of the scientists.
In response to the noble Lord, Lord Campbell-Savours, a face covering is not the same as a surgical mask or a respirator, which should both be reserved for those who need them most. However, we are encouraging the public to wear face coverings in enclosed spaces where social distancing is not possible.
I reassure the noble Baroness, Lady Finlay, that the most vulnerable have always been at the forefront of the Government’s thinking. We have provided guidance for those implementing the regulations on quarantine, which require that, where a person lacks the relevant mental capacity, the local health protection team should liaise closely with their relatives or other persons in making a decision.
I reassure the noble Lord, Lord Alton, and my noble friend Lord Wei that we are working closely with local authorities, the directors of public health and environmental health officers. That reliance on local services will only increase as our testing and tracing operations are rolled out in the community and our dependence on local knowledge is made all the more important.
However, we have to take account of what people in the UK can be expected to put up with. My noble friend Lady Wheatcroft raised very searching questions about these regulations and their impact on the economy and on personal freedoms. We recognise those concerns. I say in response that I never thought that in my life I would be standing at a digital Dispatch Box defending such draconian and expensive measures. None the less, I reject her analysis. We cannot protect the NHS and the people who are vulnerable to this disease if we do not implement the common-sense measures in these regulations, and the public, by and large, agree. That is why we have decided to protect the NHS and, in doing so, save lives.
I assure my noble friend Lord Blencathra that it is the disease and not the Government that is prejudiced against older people. I reassure my noble friend Lady Altmann that the guidance does not class individuals over 70 as clinically extremely vulnerable, and therefore they are not treated differently from the rest of the population on the basis of their age.
We now need to make careful preparations to return very gradually to a normal life, one day repealing these regulations. I assure my noble friend Lady McIntosh of Pickering that the regulations are due to expire six months after they come into force.
This is neither easy to describe nor simple to carry out. Emerging from the lockdown requires constant and careful watch over a wide range of evidence, followed by expert evaluation of that evidence, then a precise calculation of what legislation and other changes will be needed to bring about the successful outcome. I am sure there will be many occasions over the coming weeks—and, in all likelihood, months—when we can debate these matters further. For now, I assure your Lordships that we have heard today’s contributions and will reflect on them as we develop the policies.
I end by paying tribute to the resilience, patience and fortitude that the people of the UK have demonstrated every day for the last few months in helping combat this outbreak. That investment has been worth it. We have averted a catastrophe and flattened the curve. Because of this, the NHS and other front-line staff have been able to save lives. That sacrifice has been worth it. As a Government, we will play our part by making sure that the burden is no more onerous than it absolutely needs to be. These regulations ensure that.