Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020
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Lord Bethell
That the Regulations laid before the House on 3 July be approved.
Relevant document: 22nd 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 beg to move that these regulations on the Order Paper, in the name of my right honourable friend the Secretary of State for Health and Social Care, be approved. I will start with a short summary of the social distance regulations, because there are numerous regulations, some amendments and some overlapping timelines, which it is helpful to clarify.
The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020—the major lockdown regulations—were introduced, as noble Lords will remember, on 26 March. These regulations outlined restrictions on gatherings and required a number of businesses to close. The regulations have been amended four times to facilitate easements as we opened up the economy and to allow for technical clarifications.
The regulations made by the Secretary of State on 3 July, which came into force on the 4 July and which we are debating today, were a significant set of updates. Rather than amending the 26 March regulations again, we have revoked them, replacing them with the Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020. Today we are debating the amendments to those 4 July regulations as well. These amendments were made on 9 July and came into effect on 11 and 13 July. These amendments allowed for businesses such as nail bars, spas, tattoo parlours and outdoor swimming pools to reopen. I will give more detail later on additional changes taking place today.
Since then, there have been further changes. The regulations being debated today do not cover the recent announcements of making face coverings in shops, supermarkets, cafes and enclosed shopping centres mandatory from today, 24 July. On this matter, I pay tribute to the campaigning on this issue by the House and in particular by the noble Lord, Lord Campbell-Savours, who I know will speaking late today.
The Government have scheduled this debate as quickly as possible following committee scrutiny to allow for timely parliamentary scrutiny. I know that noble Lords have voiced concerns in relation to parliamentary scrutiny, and we are listening and working to ensure that debates take place as soon as possible after legislation has been laid. We have needed to use the emergency power to amend these regulations, as they place great restrictions on individuals, society and business. For these same reasons, we have looked to ease restrictions as soon as it is safe to do so. I also acknowledge that noble Lords may have concerns in relation to the possibility of many debates having to take place on return from the Summer Recess. As I have mentioned, we are working to have debates as soon as reasonably possible and, if we need to have further debates on returning, that is what we shall do.
Thanks to an immense national effort to slow the spread of the virus, we have been able to restore some of the freedoms cherished by us all. Sectors to reopen include hospitality and leisure, and more contact between families and friends has been allowed. As my right honourable friend the Health Secretary set out in a Statement in the other place on 16 July, we are moving from blanket, national measures to targeted, local measures, supported by our NHS Test and Trace system. Often this is on a very small scale, such as in an individual farm or a factory. To allow this shift from national to local action, we have provided local authorities with new powers to enable them to put in place local restrictions on individual premises, organised events and access to public outdoor spaces through the regulations that came into effect on Saturday. This includes the ability to require premises, events or public spaces to close if necessary.
However, when needed, we also act on a broader basis, as we have in Leicester. Draft regulations have been published which set out a non-exhaustive set of options, illustrating the ways government might legislate under the Public Health (Control of Disease) Act 1984 as part of a targeted approach that responds to the particular circumstances of a local outbreak in England. These powers include: closing businesses and venues in whole sector, such as food production or non-essential retail, or within a defined geographical area, such as towns or counties; imposing general restrictions on the movement of people; imposing restrictions on gatherings; restricting local or national transport systems— closing them entirely, or introducing capacity limits or geographical restrictions; and mandating the use of face coverings in a wider range of public places.
As our response to Covid-19 and circumstances in local areas evolves, we may develop new categories of intervention and would develop draft regulations accordingly. The measures in the draft regulations will allow for effective, targeted interventions, while seeking to avoid a return to a national lockdown. In the event that the Government need to make a significant intervention, they would do so in a way that targets the transmission of the virus while minimising the disruption to individuals, society and the economy.
In Leicester, we have moved towards a position where we can relax some, but not all of the restrictions that were in place. We are removing them in order to enable the reopening of non-essential retail, childcare and education establishments from today, 24 July. It is vital that this is done in a way that makes local businesses Covid-secure. We will continue to review the measures regularly, with the next review taking place on 30 July.
I turn now to the regulations that we are debating today. From 4 July, many businesses across different sectors have been allowed to reopen, including hospitality, leisure, tourism, recreation and sport. We have also relaxed the legal restrictions on overnight stays and on gatherings. The regulations still require some businesses which were considered too high-risk at the time to remain closed. They also provide new powers to close public open spaces where it is considered necessary to do so to prevent, protect against, control or provide for a public health response to any incidence or spread of the coronavirus. The amendments to the regulations will allow outdoor facilities at water parks and outdoor swimming pools to reopen. Guidance has been published for these sectors, outlining how they can reopen safely.
Along with the changes to the regulations, guidance has also been issued on how organised, outdoor, grass-roots team sports and participation events can begin again and how outdoor performances with audiences can take place. This is an important milestone for our performing artists, who have been waiting patiently in the wings since March. The regulations and subsequent amendments do not apply to the city of Leicester and the borough of Oadby and Wigston.
Noble Lords will be aware that we have announced plans for future changes to the restrictions, and the legislation for these changes was laid on 23 July. These are important and valuable changes. As a nation, we have made huge strides in getting the virus under control. I am grateful to parliamentarians for their valuable scrutiny and I commend the regulations to the House.
Lord Bethell
My Lords, I want to say a profound thank you to those who have contributed to this debate. I know that it has been a frustrating experience but, for me, it is a meaningful event. The contributions made are heard. Influence has been made and it has had an effect. On the subject of letters that have not been replied to, I assure the House that we are working extremely hard to address them. A system has been put in place to try to address all out-of-date letters before the end of the recess. I am working hard to do that.
I will try to address as many of the specific questions as I possibly can, which will mean that some of the answers are very short. I apologise in advance if any of them seem to skate over serious subjects briefly. I will attempt to address each noble Lord in turn.
I start with the very serious subject of disability, which is a massive and important area that I cannot possibly do justice to from the Dispatch Box in the time given. However, I reassure the noble Baronesses, Lady Bull and Lady Uddin, and the noble Lord, Lord Holmes, that we take very seriously the effect of Covid on those with physical and mental health issues. I emphasise the £750 million of funding for charities providing key support for those groups.
I thank my noble friend Lord Blencathra, who is concerned about the enforcement of the law. I reassure him that we absolutely are enforcing the law. I pay tribute to the public, who have gone along with these regulations with great compliance. To the noble Baroness, Lady Jolly, I confirm that Regulation 6 of the No. 2 regulations gives the Secretary of State the power to close public outdoor spaces, and the No. 3 regulations give the same power to local authorities.
I reassure the noble Baroness, Lady Randerson, that the National Police Chiefs’ Council is working hard to assess whether there is any evidence of disproportionality in the fines being given to minority groups.
On the important point about data raised by the noble Baroness, Lady Barker, I reassure her that local authorities receive all the information they need on Covid cases, and data sharing agreements have been signed with upper tier local authorities. They receive details of the number of cases and tests, data from 999 and 111 calls, postcode data and a large amount of specific data.
To the noble Lord, Lord Hain, I say that we are working hard to open schools, but we need to work with parents and teachers to get them both over the line.
I assure the noble Baroness, Lady Walmsley, that the location of walk-in centres is being chosen very thoughtfully and directly targeted at those who need them most.
The noble Lord, Lord Holmes, is absolutely right that obesity has been a key driver of illness. As noble Lords will have read, we are launching a major national campaign next week, which I am personally participating in. This will be a long-term campaign to change the health outcomes of the nation.
On the important point about debates, I reassure my noble friends Lady Anelay and Lady Hooper, and the noble Lords, Lord Tyler and Lord Purvis, that arrangements for recess will follow long-standing precedents, and any debates that need to happen will be prioritised when the House returns.
To the noble Baroness, Lady Andrews, I say that we are guided by the science. The CMO and the Government Chief Scientific Adviser are key advisers who intermediate between SAGE, the scientific community and policy- makers in government. I have already answered the question of the noble Baronesses, Lady Randerson.
My noble friend Lord Moynihan outlined a small discrepancy in the regulations. If he will write to me, please, I would be glad to clarify that. However, I make it clear that Scotland and England are heading to the same place but simply moving at different speeds on different items.
To the noble Lord, Lord Hunt, and the noble Baroness, Lady Tyler, I say that we have been asked to move quickly. That is why we are seeking as much parliamentary scrutiny as possible.
To the noble Lord, Lord Willis, I say that we publish as much data and scientific advice as we possibly can. I emphasise that the SAGE minutes, which were once kept secret, are now published promptly.
I completely share the views of the noble Lord, Lord Singh, on the important influence of faith communities. We have worked hard with them on a number of key issues, including cremations. I am reminded of the work we are doing with faith communities on the forthcoming celebration of Eid, which is a delicate matter.
To my noble friends Lord Robathan and Lady Altmann, I say that there is much that is still mysterious about this disease, but one thing I do know is that the British public has thoroughly supported the lockdown.
To the noble Lord, Lord Clark, I say that masks are recommended in taxis. The regulations on this are very clear, and I pay tribute to the important work taxi drivers have done in the face of extreme difficulty.
I thank my noble friend Lady McIntosh very much indeed for reminding us of the profound and positive impact of these regulations, which is something that is sometimes overlooked. To date, gloves are not in the guidance, but they remain an area that we are looking at.
The noble Lord, Lord Oates, made important points on face masks that I cannot fully cover. As suggested by other Peers, the delay helped the public prepare for changes in regulations. Although it creates a hiatus, these preparations are important.
To the noble Lord, Lord Harris, I say that self-testing is accurate—our assessments have proved that—and is also extremely popular, particularly for those who cannot leave home.
To the noble Lords, Lord Loomba and Lord Clancarty, I say that I completely recognise the challenge facing the performing arts, which is recognised by DCMS. It has made a generous and profound contribution in this area and continues that work.
I do not share the gloomy assessment of the situation made by the noble Baroness, Lady Sheehan. I pay tribute to colleagues working on the test and trace programme, who have made an enormous amount of progress.
My noble friend Lord Wei makes important points on innovation in the workplace. The Government desperately need innovation from industry. I commend business leadership in this area and ask for more.
The noble Baroness, Lady Ritchie, talked about vaccines. My understanding is that the Cabinet Office has published a distribution hierarchy. I reassure her that it will be a four-nations approach and that there is no question of any nation being favoured over another.
Turning to the noble Lord, Lord Truscott, I pay tribute to colleagues at PHE, which has been at the eye of the storm and has taken a lot of flak. Having been on the front line with them, I reassure the House that they give thoughtful, scientific and sometimes challenging advice—we would not be in the shape we are in if it was not for their interventions.
Turning to my noble friend Lady Gardner, I personally pay tribute to the dental industry—I was at the dentist this morning and I used to live in the very house in west London where her late husband practiced his dentistry work. I will continue to pay tribute to the work of dentists, who face an important challenge, and likewise to pharmacists.
I reassure the noble Lord, Lord Foulkes, that the resources going into the NHS and the testing programme are massive. Our preparations for the winter are dogged, and we fully share both the efforts and resources with all four nations. I share the views of the noble Baroness, Lady Northover: we are at an inflection point in the National Health Service and we are working our hardest to make that impactful.
The noble Baroness, Lady Benjamin, completely and utterly nailed it: we are deeply concerned about hard-to-reach groups. That is why we are hugely focused on them and working hard.
The noble Lord, Lord Liddle, makes an assessment that I cannot possibly agree with—one that is a long way from where the public is. However, I pay tribute to those who have kept Parliament open under difficult circumstances.
To my noble friend Lord Cormack, I say that I am 100% in favour of baby-on-board-style badges, and we are assessing ideas of the kind he recommends.
To my noble friend Lord Balfe, I say that we are cognisant of the concerns of USDAW and we are engaging with its representatives on this important issue.
To the noble Lord, Lord Snape, I say that data protection is there to protect us all, but we are finding ways to get data to the DPHs, as I have previously discussed.
To the noble Lord, Lord Addington, I say that we welcome next week’s obesity launch.
The noble Baroness, Lady Brinton, raised serious concerns about shielders. I will address those in correspondence as I do not have the details to hand.
Regarding the questions on DPIAs, the test and trace programme has had DPIAs in place. The overarching programme has not had one, but it is ironic that half the questions are on privacy and half are on the lack of data. I cannot help feeling that we might have landed in about the right place.
Finally, I very much hope that in that medley I have somehow answered all the questions of the noble Baroness, Lady Thornton.