Health Protection (Coronavirus, Restrictions) (Obligations of Hospitality Undertakings) (England) Regulations 2020
(Limited Text - Ministerial Extracts only)
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Lord Callanan
That the Regulations laid before the House on 17 September be approved.
Relevant documents: 27th Report from the Secondary Legislation Scrutiny Committee
The Parliamentary Under-Secretary of State, Department for Business, Energy and Industrial Strategy (Lord Callanan) (Con)
My Lords, before we discuss these regulations, it is important to set their context and say why they are being brought in now.
In May, to help businesses operate and reopen safely during Covid-19, we produced guidance, broken down by workplace area. There are now 14 separate pieces of guidance, including five covering DCMS areas. These guides were not written in a Whitehall vacuum but co-created with business and with key safety stakeholders, such as unions, Public Health England and the Health and Safety Executive. Our collaborative engagement throughout this process was robust. Alongside seven round tables chaired by the Secretary of State, there were 900 responses to our consultations on the guidance, and the BEIS ministerial team held extensive meetings with stakeholders. Nearly 500 Covid-focused meetings took place from March to June. This constant dialogue with business produced guidance that enabled many businesses to reopen safely during the national lockdown.
BEIS also led two of the five ministerial task forces to shape additional guidance as the economy began to unlock and formerly closed businesses, such as those in the hospitality sector, were able to reopen safely. Those businesses have been following it: over 2 million copies of the guides have been viewed and I thank businesses for the great efforts they have made to adapt and work safely. It is also important to highlight how the guidance operates under our existing health and safety framework. The guidance forms part of employers’ normal health and safety practice. Employers are legally responsible under the Health and Safety at Work etc. Act 1974 for the health and safety of their employees and others affected by their business, with a duty to make their premises safe and prevent risks to health, including from Covid-19.
Having outlined the policy background, I shall set the context by saying a few words about the current pandemic to convey the gravity of the situation. As we all know from the Prime Minister’s announcement on 22 September, the pandemic has moved into a new phase. Indeed, the significant rise of Covid-19 in recent weeks has been widely reported. The Chief Medical Officer and Chief Scientific Adviser have set out that what we are seeing in the data is clearly very worrying. Regrettably, infections are rising rapidly across the United Kingdom. On 7 October, 14,612 cases were recorded, and we have also had a tragic increase in the number of daily deaths. The Prime Minister informed the nation on 30 September that we face the sad reality that, on these figures, we can expect many more daily deaths.
The rationale behind these regulations is therefore clear. Although the vast majority of businesses have followed the guidance, in cases where there are failings, we believe it is right that there should be swift action to address those failings. Acting now is the only and correct course of action. We can and we will beat this virus. Put simply, we have taken a few elements of our guidance and attached fixed penalty notices to them via these regulations. They are another tool that local law enforcement officers can use to tackle clear and egregious examples of non-compliance. Crucially, they do not go further than the measures outlined in the Covid-secure guidelines, which the overwhelming majority of businesses are already compliant with.
I turn to the specifics of the regulations. Under SI 2020 1008, it is an offence for a pub, restaurant, cafe or other business selling food or drink for consumption on its premises to fail to take all reasonable measures to ensure that no bookings for a table are accepted for a group of more than six persons; that no persons are admitted to the premises in a group of more than six; and that, once on the premises, no persons mingle between their different groups of six. The requirements are subject to any exemptions to the rule of six in the regulations that limit gatherings. I do not intend to go over the discussions on the rule of six itself, which this House approved on Tuesday 6 October: these measures simply ensure that businesses play their part in ensuring that their customers follow the rules.
SI 2020 1008 also provides that businesses must take all reasonable steps to ensure appropriate distance is maintained between tables of seated customers on their premises, to further ensure that social distancing is able to be observed. SI 2020 1046 amends the former instrument to include additional requirements that were considered necessary, including measures to support the requirements for face coverings, as well as amending the penalty regime to more closely align with other measures brought forward and which ministerial colleagues have already had the honour of bringing before this House. The additional requirements brought forward in SI 2020 1046 are the creation of an offence for a relevant business covered by the face covering regulations to fail to display a notice or otherwise inform people present of the obligation to wear face coverings unless an exemption applies as there is a reasonable excuse for not doing so. Again, this provision respects the fact that some people are not required to wear face coverings. Businesses may not prevent people, whether workers or customers, wearing face coverings where they are legally obliged to do so.
Businesses must take all reasonable measures to prevent customers singing while on the premises in groups of larger than six, save where exemptions apply to the rule of six, and to prevent customers dancing, save for newlywed couples or civil partnership couples who have just wed. They must also limit recorded music noise levels to 85 decibels in public houses, cafes, restaurants and bars, when measured at the source of the sound.
The existing provisions in SI 2020 1008 to respect the rule of six in relation to taking bookings, admitting parties or allowing mingling are extended to cover further types of business. The scope of these rule of six provisions is extended in line with the Health Protection (Coronavirus, Collection of Contact Details etc and Related Requirements) Regulations 2020—the test and trace regulations for short. Enforcing officers have the ability to issue fixed penalty notices immediately upon the breach occurring but retain the right to their discretionary approach under existing enforcement principles. These will begin at £1,000, with a 50% reduction for early payment at that stage, and escalate to £4,000 for repeated offences without early payment reduction. SI 2020 1046 amended the available sanctions so that fixed penalty notices escalate to a maximum of £10,000 in the case of a fourth and any subsequent fixed penalty notices.
The Government and I wholly appreciate that these are new measures with a particular focus on certain businesses, yet this should not be construed as unfair or unjust. These measures will have a limited impact on the vast majority of responsible businesses, which are already compliant with the guidance. The regulations will help to secure compliance from those that have not and do not comply with the guidance. Moreover, these regulations can provide greater enforcement of safety measures in businesses, making sure they can continue to stay open and operate safely.
We must take action now to save lives. In doing so, we can keep people in work and keep our hospitality venues open. No one wishes to return to a second lockdown. These regulations can help us prevent such a step and will allow our country to keep our businesses moving forward while we work together to defeat the virus. I commend both sets of regulations to the House. I beg to move.
Amendment to the Motion
Lord Callanan (Con)
My Lords, I first thank all noble Lords for their contributions. As always, we had some very important and vital speeches. I have taken careful note of all the points made. I particularly enjoyed the proposal made by the noble Lord, Lord Singh, about the “rule of Sikhs”. Obviously this is a tragic situation, but it is important to retain our sense of humour at this time. The noble Lord also made some important points. I would say that many of our guides remind employers of their responsibilities under equalities law, in particular on protected characteristics. The noble Lord, Lord Stevenson, moved an amendment expressing regret, yet the need for approval during this pandemic is, in our view, vital. I will address the key points that were raised, both here and outside this forum.
As the Prime Minister said, these regulations were not rushed through quickly. They are not draconian measures. We are faced with an unprecedented pandemic. Were we to delay bringing these regulations into force, using normal procedures with a draft before each House, the virus could unleash its proven potential for exponential growth. Therefore, I believe that it is right that we act with due haste against it. As has been discussed, the test for the use of the emergency procedures under Section 45R of the enabling legislation—that is, the Public Health (Control of Disease) Act 1984—is that of urgency, and I can think of no greater issue of urgency than the health and lives of many people in this nation.
The nature of this virus means that incidence rates can change very quickly, which is why we have had to act—and with speed—to prevent further spread. We are, therefore, correct in moving these regulations forward and taking the actions that we have taken. As I said earlier, the spread of the virus over September is ample evidence of the need for these regulations. Clear rules increase compliance. They also make it easier for those rules to be enforced, and the police have been clear that simpler rules help them do their job more effectively.
A number of noble Lords rightly raised the important issue of the 10 pm closing time. My noble friends Lord Cormack, Lord Bourne and Lady Wheatcroft, the noble Baroness, Lady Benjamin, and the noble Lord, Lord Bilimoria, all highlighted this point. Early data suggests that a significant proportion of exposure to the virus is seen in the hospitality sector, and it is even more pronounced in younger age groups. We will continue to gather evidence and, of course, to monitor the data, but this is why we are putting in place these restrictions on operating hours. Alongside the other measures, this action will help to reduce the potential for unnecessarily close contact with people that you do not usually meet. We have seen how effective operating restrictions can be from the example of Belgium, where a marked decline in case numbers was seen after early closing measures were introduced. Other countries are taking similar steps: the Netherlands, Denmark and about half of Spain’s regions also have 10 pm closing areas.
My noble friend Lord Lilley made a very important point about the use of masks. I can tell him that all the measures we have introduced follow the science. Of course, we also recognise the pace of new developments; we must therefore act quickly to follow further evidence as it becomes available.
I reiterate that these measures are not intended to penalise our vital hospitality businesses through errant focus. Many—indeed, most—are complying with our Covid-secure measures. However, one or two have not and, in the future, may not. These regulations will give enforcement authorities the additional powers that they need to help address and deter breaches that could cause coronavirus to spread—and spread quickly.
I will now respond directly to the points made by the noble Lord, Lord Stevenson, about support for the hospitality industry. We do not act without sympathy for and understanding of those affected by the regulations. We recognise the impact that additional measures, as with past measures, place on affected businesses and their customers. Many noble Lords—my noble friend Lady Altmann, the noble Baronesses, Lady Uddin, Lady Benjamin, and Lady Ritchie, my noble friend Lord Moynihan and the noble Lord, Lord Rooker—asked about similar issues. We have put in place an unprecedented package to support impacted businesses, including over £11 billion which has already been paid out through the small business grants fund and the retail, hospitality and leisure business grants fund to over 897,000 businesses across the country, with a further £617 million available to councils to use at their discretion to support small businesses that are not eligible for the main grant system.
As well as the Eat Out to Help Out scheme earlier this year, we have put in place through our comprehensive plan for jobs a wider package of hospitality support that goes beyond the summer. We have also cut VAT to 5%, and we have been paying the wages of furloughed staff, as well as business rates relief and billions in tax deferrals and loans—all helping to protect nearly 2 million jobs in the hospitality and tourism industries. And, of course, noble Lords will be well aware that we will constantly keep this package of economic support under review and will not hesitate to take further action if that is required.
In direct response to the question asked of me by the noble Lord, Lord Stevenson, about the possibility of further measures, I will say that we are seeing coronavirus cases rise across the entire country. However, they are rising faster in my home region of the north-east, as well as in the north-west. We are keeping the data under close review and considering a range of further options to reduce the spread of the virus in order to protect communities and, ultimately, to save lives.
If time permits, I will deal directly with a number of the questions that I was asked. The noble Lord, Lord Loomba, and the noble Lord, Lord Blunkett, asked about the rule of six. We realise the impact that these regulations have on people. We aim to minimise the impact wherever possible, and where the science allows us to limit the risk of transmission. We are especially concerned with reducing the impact on children, while also limiting the number of innately social activities that take place in higher-risk settings.
The noble Baroness, Lady Benjamin, asked about hospitality venues. As the Secretary of State for Health and Social Care explained on 1 October, the measures have led us to understand that the virus spreads most outside households when other households meet together, including in hospitality venues. Pubs and restaurants without good management of social distancing and hygiene can be ripe areas for the virus to be transmitted among large groups of people, as someone highly infectious could easily spread Covid-19 to other people without knowing.
My noble friends Lord Cormack and Lord Robathan asked about the “rushing through”, as they put it, of these regulations. In the other place, my right honourable friend has made a commitment to greater parliamentary scrutiny and said that regulations such as these with a national impact would be brought before this Chamber, and the other place, before they are laid. I remind noble Lords that it is up to the usual channels to programme the business of the House, and the Joint Committee on Statutory Instruments reviews SIs such as this before they come to the House.
My noble friend Lady Warsi made some important points about vulnerable groups. Of course, we conducted an equalities impact assessment on all these measures and our guides highlight the importance of an employer’s duty in this respect. The noble Baroness, Lady Donaghy, and my noble friend Lady Wheatcroft raised points about the test and trace system. These measures are working. One in eight people in England have now been tested for coronavirus at least once since the service launched. As always, our top priority is making sure that tests are allocated where they are needed most to save lives, where they protect the most vulnerable and where they support critical health and care services. We have strengthened our support for regional contact tracing, with dedicated teams of contact tracers for local areas. Some 68 local authority contact tracing teams are now live across the country, with more due to come online over the coming weeks. Of course, we will also continue to review processes to make sure that we can match demand in the test and trace service.
The noble Baroness, Lady Warsi, and the noble Lord, Lord Blunkett, highlighted the vexed issue of dancing at weddings. I take on board and accept the points that they made but these are difficult circumstances. We try to be as accommodating as possible, which is why we have allowed the all-important first dance at weddings. As always, we keep these measures under constant review.
The noble Baroness, Lady Ritchie, talked about applying lessons learned in Northern Ireland to the rest of the UK. She will of course understand that public health is a devolved issue. However, we are working with all four nations of the UK to tackle this virus and will continue to do so as the fight progresses.
The enforcement of the regulations was raised by the noble Baroness, Lady Walmsley, the noble Lord, Lord Stevenson, and, most recently, by the noble Lord, Lord Greaves. The regulations will be enforced by authorised persons including officers of trading standards, environmental health, local authorities and ultimately the police. Enforcing officers will have the ability to issue fixed penalty notices immediately upon the breach occurring.
I am now being told that I have to wind up. I thank noble Lords for paying attention during the debate, I thank everyone for their contributions and I commend the regulations to the House.