Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020
(Limited Text - Ministerial Extracts only)
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The Chair
Before we begin, I remind the Committee that Hansard colleagues would be most grateful if Members sent their speaking notes to hansardnotes@parliament.uk.
The Parliamentary Under-Secretary of State for Health and Social Care (Jo Churchill)
I beg to move,
That the Committee has considered the Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations (S.I., 2020, No. 684).
What a privilege it is to serve on the Committee for your very first time in the Chair, Mrs Murray. I hope it will be an enjoyable sitting for us all. The regulations, which were made on 3 July by the Secretary of State for Health and Social Care, my right hon. Friend the Member for West Suffolk (Matt Hancock), came into force on 4 July. We had previously amended the original regulations, but the amendments made at this stage resulted in a significant number of changes.
It is for that reason that the original regulations were revoked and replaced with a set of new regulations, to make the legislation clearer and easier for the public to understand. The SI has not been formally cleared by the Joint Committee on Statutory Instruments. Further changes were made following the announcement made on 9 July by the Secretary of State for Digital, Culture, Media and Sport, my right hon. Friend the Member for Hertsmere (Oliver Dowden), and a set of amendments to the regulations that were made on 10 July came into force on 11 July and 13 July. Those changes will be debated on 20 July.
I am aware that there are concerns in Parliament about allowing for the timely scrutiny of regulations that have been laid and made in response to the public health emergency caused by coronavirus, particularly relating to the timing of debates. I am sure that my right hon. Friend the Secretary of State for Health and Social Care will bring these matters to the fore today. We have listened to those concerns and have endeavoured to hold this debate as soon as possible after the regulations were laid.
I acknowledge the situation in Leicester and appreciate how hard it must be for the people who live there. Although the rate of infection is declining nationally, we have been clear that we must take swift action to keep people safe when local outbreaks are identified. It is now vital that everyone in the protected area in and around Leicester stays at home and avoids non-essential travel. Anyone with symptoms needs to come forward for a test and share their contacts with NHS test and trace if they test positive.
We will continue to monitor rates of infection across the country, to work with local authorities, and to take action locally where necessary. In the event that the local response is not sufficient to deal with an outbreak, including to prevent the virus from returning to general circulation, the Government will act rapidly. We are in the process of drafting new regulations to enable action to be taken, and we will be ready to reintroduce national measures if necessary to control the spread of the virus.
We are now in phase 3 of our recovery strategy, as the Prime Minister set out in the Government’s roadmap on 11 May. Through continuous review of the measures, we have gradually and cautiously replaced existing social restrictions with targeted measures to ensure that any remaining restrictions are proportionate and necessary. In his statement to the House on 23 June, the Prime Minister announced the changes that we are debating, which came into force on 4 July.
The regulations enabled the reopening of many businesses across different sectors of the economy—a welcome change for many and a significant moment in our journey to restart the economy. Most of the restrictions on social gatherings are no longer set out in legislation, but the Government continue to issue guidance to support the public in meeting friends and family in a safe and appropriate way. We understand how vital it is for people to maintain contact with friends and acknowledge the positive impact that has on wellbeing and mental health. As we have done throughout the pandemic, we are trusting the British public to remain alert and stick to the published guidance.
I will now outline the changes made on 3 July, which came into effect on 4 July. These include: easing the restrictions on gatherings and overnight stays by removing most of the relevant rules from legislation and issuing guidance to support the public to meet their friends and family safely; allowing more sectors to reopen, including hospitality, leisure, tourism, recreation and sport; allowing further public and community services to reopen; and continuing to require some businesses considered too high risk to remain closed. The regulations also provide new powers to close public open places where it is considered necessary to do so, to prevent, protect against, control or provide a public health response to the incidence or spread of coronavirus.
Mr Robert Goodwill (Scarborough and Whitby) (Con)
Last week I received a letter from someone who delivers complementary therapies. What consideration has the Minister given to allowing such treatments to recommence, as many patients seem to find them useful?
Jo Churchill
The opening of massage parlours, spas and so on was laid out in subsequent regulations, and they have been allowed since 13 July. Perhaps I can have a conversation with my right hon. Friend on the specifics of the type of treatment to give him a fuller answer on whether they are allowed. It is about the context. As we have seen with beauty parlours, which are reopening, there are still restrictions on facial treatments that require proximity.
Maria Eagle (Garston and Halewood) (Lab)
I think many of us have received such representations. Does the exchange we have just heard not illustrate that one of the problems with the regulations and the law is that their sheer complexity and swiftly changing nature make it difficult for even the most assiduous of observers to keep up to date with where we are? In that regard, the guidance to which the Minister has just referred is incredibly important. How will she ensure that people can understand the fast-moving current state of the regulations and the law?
Jo Churchill
I thank the hon. Lady. If she will excuse me, I will take another intervention from my right hon. Friend the Member for Scarborough and Whitby and then answer both.
Mr Goodwill
I support what the hon. Member for Garston and Halewood said. My constituent was a sports physiotherapist, but he was also representing people who do acupuncture, yoga or homeopathy, which are still not permitted.
Jo Churchill
What both my right hon. Friend and the hon. Lady are outlining is that the approach has had to be measured and consistent with Public Health England advice for specific areas. That guidance is available on gov.uk. My right hon. Friend has articulated different treatments, some of which need a degree of invasiveness. Guidance on that is incremental, and the Government are endeavouring to give people accurate information in a timely fashion.
However, I would readily say that there are times when there is perhaps a degree of confusion. At that point, if one refers to PHE guidance and gov.uk, one will find that it articulates why PHE is making changes incrementally. I am sure that no one on the Committee would have wanted us to open up at a more rapid rate and seen a rise in the R number. All of this is about us working permanently to keep control of the R number while trying to allow the economy to reopen.
On 6 July, the Secretary of State for Digital, Culture, Media and Sport announced that further amendments would be made to continue to ease existing restrictions and reopen many businesses and facilities. The changes being made, along with the updated guidance, have allowed team sports, rehearsals and outdoor performances to resume, with close contact services—including nail bars, salons, tanning booths, spas, massage parlours, body and skin-piercing services—and outdoor swimming pools and waterparks to reopen from 13 July. Those amendments will be debated on 20 July in the House. Our assessment that we are meeting the five tests, which we set out as considerations for change, mean that more restrictions will be lifted.
Covid-19 is the biggest challenge the UK has faced in decades.It threatens to take both our way of life and our loved ones from us. That is why the Government put in place strict social distancing measures, to slow the spread of the virus so that the NHS would not be overwhelmed. Thanks to the hard work and sacrifice of the public, and despite the extremely tragic loss of life, the UK has slowed the spread of the virus. We have been working with and consulting widely with businesses and organisations throughout the pandemic and continue to receive expert scientific advice from SAGE—the Scientific Advisory Group for Emergencies—the chief medical officer and the chief scientific adviser, as we continue to work on easing the restrictions as soon as it is safe to do so.
I have already noted that further amendments were made to the regulations on 10 July, which will be debated in due course. I am grateful to all parliamentarians for their continued engagement in the process and for their valuable scrutiny.
Jo Churchill
I thank the hon. Member for Ellesmere Port and Neston for once again asking for proper scrutiny. However, as he articulated the challenges, he also very readily showed how dynamic the situation is and why the challenge of using parliamentary procedure and the normal channels, which are scheduled through House authorities in conjunction with the Whips, leads to a disconnect.
The hon. Gentleman will also be very much aware that Parliament expressly gave the Government the power in section 45R of the Public Health (Control of Disease) Act 1984: it is under that provision that we are now having this debate. It gave the Government the power to respond quickly in an emergency, such as the one we now face, before they have to come to Parliament for the right and proper parliamentary scrutiny.
Given that just along the corridor in another Committee room Members are debating the lockdown regulations for Leicester, I gently push back against earlier comments: we are making great progress, and the assertion that this crisis is still not the complete focus of the Government is wrong. That is why we are coming forward in this way. The Government will keep the restrictions under review; as the hon. Gentleman said, the Secretary of State has a duty to keep them under review in a timely fashion and a duty laid upon him to make sure that he releases these restrictions as rapidly as possible. That is what we are involved in.
I do, however, hear the point that this is, once again, a timing issue for the Opposition in respect of being allowed to scrutinise measures in an effective way. I hope that my comments have set out, in part, where we are.
Matt Western
The point is that all the Opposition and Members from across the Committee are trying to do is help come up with the best legislation. It is a surprise that a lot of this is not being done in anticipation of what is likely to happen, so that we can help collectively to ensure that any inconsistencies are avoided. To use an example from my constituency, someone who provides beauty treatments asked me a very simple question: “Why is it that a barber can work on a man’s face, but I cannot work on a woman’s face?”
Jo Churchill
I agree that there are challenges to making guidance seem consistent, but we are led by advice from PHE and the risk assessments done in each individual business.
To answer my right hon. Friend the Member for Scarborough and Whitby, there is a duty on each and every business to ensure that it has done suitable and sufficient risk assessments to allow itself to restart. Yoga, for example, is an activity that can take place outdoors. However, there are restrictions on covered areas for indoor sports, so at the moment it cannot take place in an indoor sports venue.
We have made progress in the past few weeks. I hope that my right hon. Friend, who was previously a business Minister, welcomes the fact that we are reopening the economy for, among other things, people’s wellbeing—one of the biggest determinants of inequality is people’s ability to work, which has a long-term effect on their mental and physical health. It is important that we push forward and open businesses, with proper scrutiny from Public Health England, and ensure that they are safe places for work, for staff and for people visiting them.
My right hon. Friend spoke about having more oversight of the reviews and so on. We recognise that transparency is important in these times. SAGE has been publishing its statements, and the accompanying evidence as it is reviewed, to demonstrate how the scientific understanding of covid-19 has continued to evolve as new data emerges. SAGE’s advice has quickly adapted to new findings that reflect the changing situation.
My right hon. Friend mentioned the Imperial College study, which gratifyingly noted that the R number was lower than had been thought. That shows the benefits of the lockdown restrictions. I am sure all MPs agree that the vast majority of our constituents have behaved extremely responsibly. I trust them to continue to do so, notwithstanding the fact that over the past 17 weeks we have all had in our inboxes challenging stories of people who wanted to meet a grandchild or say their last goodbyes to someone.
This has been a national effort. The releasing of these regulations and guidance is the next step to ensuring that we get to where we want to be and start to resume life with our new normal, ensuring that social distancing still applies where possible—the advice is incredibly clear that social distancing is the primary measure for stopping the transmission. In places where that is not possible, we have the 1 metre-plus rule, with interventions such as Perspex screens in shops—or even in Parliament, as we now see in some of the Committee Rooms—to keep people safe, and the wearing of face masks.
I gently say that the face covering regulations come in on the 24th. We have been having conversations about enforcement with the National Police Chiefs Council and the College of Policing, and they have released guidance on each set of regulations. We are in daily contact with them to ensure that there is consistency around enforcement. People with inside businesses will not be expected to enforce.
The equalities impact has been considered throughout the restrictions across a range of protected characteristics, but the hon. Member for Ellesmere Port and Neston will have to raise the more specific instances for different protected groups with the relevant Department.
The hon. Gentleman asked two very specific questions on testing: on the Randox test and comments from yesterday. If he will forgive me, I will write with a more comprehensive answer on testing. He will be well aware that we now have the capacity in this country to test some 300,000 across the suite of tests per day. On the turnaround time, we get 91% of the tests done at either the satellite or mobile testing back within a shorter than 24-hour period, and 97.5% within the day.
Justin Madders
The Minister will be aware that some 3 million tests are unaccounted for. Is she able to advise what the understanding is on where those have gone?
Jo Churchill
As the shadow Minister well knows, some of the tests that are sent out are counted on the out and we do not have the ability to ensure that the test is used and sent back to us. As I said, I will write to him with full and comprehensive details on testing.
The hon. Gentleman may or may not be aware that in the Leicester local lockdown, we are going door-to-door in order to ensure that asymptomatic testing and testing throughout Leicester is ramped up. We are also using translation services, both on the doorstep and on some of the phone lines.
This has been an unprecedented situation. We are dealing with a new virus and we have ensured that each time we have taken the learning and tried to deliver an enhanced service. It is well recognised that the numbers we are testing have grown. It was a stretching target and we have matched it. We are now providing one of the most comprehensive testing systems—across mobile testing, satellite testing, the Lighthouse testing, home testing, testing in care homes and hospitals, which now stretches out into asymptomatic as well as symptomatic testing—ensuring that anyone is now able to ring and get a test.
On testing information, pillar 2 is being fed back into local areas so that they have a much clearer idea of what their locality looks like, as per the number of tests.
Justin Madders
It is indisputable that the number of tests has significantly increased, but what has happened to the false negative rate? We heard earlier on that it was about 30%. Is it still in that area?
Jo Churchill
If the hon. Gentleman will forgive me, I have said that I will write to him on testing. I fear that we are straying slightly from the point of today’s debate on the regulations. I thank everyone for their contribution—
Justin Madders
The Minister is about to finish, but it is really important that we hear from her about the statement in paragraph 7.4 of the explanatory notes, which says:
“There is recognition that these changes may lead to an increase in transmission rates”.
What is the scientific advice in relation to that risk? How is the Minister going to be able to report back and monitor that, particularly in terms of parliamentary scrutiny?
Jo Churchill
As far as the R rate is concerned, as the hon. Gentleman knows, the Secretary of State meets regularly with the chief scientific adviser and the chief medical officer, plus SAGE, the new and emerging respiratory virus threats advisory group—NERVTAG—and the Joint Biosecurity Council. All that information is fed back into the decisions that are then made in and around the R number. If he will forgive me, I am going to push on, because I feel we are straying off into areas away from the regulations.
We will continue to keep the restrictions placed on individuals, businesses and society under continual review over the coming weeks and months. The new regulations debated here today have been a major step in the gradual return to normality for individuals, businesses and society as a whole, and, as we have heard, that is something we welcome.
I am pleased that, as of 10 July, we have continued to take those steps and have made further amendments to reduce restrictions in a safe way. We appreciate that restrictions have placed a significant strain on individuals. The Government will only continue to impose restrictions that are necessary and proportionate, but we remain prepared to impose further restrictions should that become necessary.
Today’s debate has provided an opportunity for hon. Members to debate the range of activity that the Government have undertaken in response to coronavirus. I commend the regulations to the Committee.
Question put and agreed to.
Resolved,
That the Committee has considered the Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020 (S.I., 2020, No. 684).