Health Protection (Coronavirus, Restrictions) (Steps etc.) (England) (Revocation and Amendment) Regulations 2021

(Limited Text - Ministerial Extracts only)

Tuesday 14th September 2021 Grand Committee

Moved by

[Lord Bethell]

That the Grand Committee do consider the Health Protection (Coronavirus, Restrictions) (Steps etc.) (England) (Revocation and Amendment) Regulations 2021

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, these regulations are an important milestone on our journey through the pandemic—and, I hope, beyond. On their introduction, most coronavirus restrictions in England were lifted, so on 19 July we moved to step 4 of the Government’s road map—the final step of our cautious journey out of lockdown.

I do not need to detain your Lordships for very long setting out the content of these regulations. Almost all legal restrictions have been lifted. Businesses across all sectors are able to open again. We can now attend weddings, birthdays and festivals and spend time with our families, friends and loved ones without legal restrictions on social contact. The balance has truly shifted, with most restrictions enforced in law now replaced with guidance.

I am pleased to see that our theatres and the wider entertainment sector are blossoming once again. I know that many of us have enthusiastically welcomed the return of singing in churches and amateur choirs. In the broadest sense, community life has returned, and I do not think we realised quite how much we missed it.

I know that many people may feel nervous, particularly those who are immunocompromised or immunosuppressed. We must all continue to act carefully, respond to the latest guidance and remain cautious to protect ourselves and those around us. That means continuing to follow the Government’s advice on protecting ourselves and others: for example, by getting the vaccine, letting fresh air in if meeting indoors, and getting tested when symptomatic and isolating when necessary.

The pandemic is not over. The virus will remain part of our lives. We are undoubtedly in a better place now than when we embarked on the road map out of lockdown in February this year. This is a testament to the expertise and dedication of all those involved in building our defences against the virus.

We have a toolkit in place for tackling the virus in the months ahead. The Government have set out our plan for managing the virus over these difficult months, and the Secretary of State has recently finished making his Statement in the other place. Our plan A is to continue to build on the progress we have made and manage the virus without the need for restrictions that impact on the lives and livelihoods of citizens.

We are implementing the biggest and most successful vaccination programme the country has ever seen, with more than 48 million people having now received their first vaccine dose. Data shows that the vaccination reduces overall symptomatic disease by 80% to 90%, hospitalisations by more and deaths by around 95%. The vaccination programme has substantially weakened the link between infections and serious illness or disease.

We will continue to bolster the wall of defence provided by vaccines by encouraging take-up and through booster jabs. Extensive planning for a booster vaccination programme is well under way, and the NHS is preparing to start booster doses from next week. Details have emerged during the course of today. This will protect the most vulnerable throughout the winter months and strengthen our wall of defence even further.

Vaccines are now being offered to 16 and 17 year-olds, and the Government have accepted the advice of the four Chief Medical Officers to offer vaccination to all healthy 12 to 15 year-olds. Invitations for vaccinations will begin shortly.

Our test, trace and self-isolate system is another of the key defences in our armour against the virus. We have established the largest network of diagnostic testing facilities in British history. The UK has conducted 274 million Covid tests and reached 15.9 million people who have either tested positive or been in contact with someone who has. I look forward to updating noble Lords further on the test, trace and self-isolate systems when we debate important changes to the self-isolation regs later this afternoon.

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[Baroness Thornton (Lab)]

My Lords, I thank the Minister for introducing this late regulation. As I said to him last week, there is a sort of “Groundhog Day” tendency in having to deal with these things. I would also like to register with the noble Baroness, Lady Barker, that the House needs to address the issue of the noble Baroness, Lady Brinton, being able to access these sessions in the same way that she can access the Chamber. I would even go so far as to say that it is discriminatory that she cannot. As well as that, we are missing her wisdom, words and her representation of her points of view.

The noble Baroness, Lady Barker, and my noble friend Lord Hunt have covered many of the points and have asked many of the questions that need to be asked on this regulation. As noble Lords have said, it triggers the end of most of the lockdown restrictions in England by revoking regulations and amending regulations listed in the schedule from 19 July. I echo what other noble Lords have said. Does the Minister believe that it was premature to remove face mask regulations? I have not yet read the 30-odd page toolkit document in full, so I do not know whether the option is there to reintroduce them as part of the autumn-winter Covid plans. Would that be mandatory?

At the time of lifting the restrictions, from these Benches we opposed and still oppose the decision to remove the requirement to wear a face covering indoors and on public transport. The risk of transmission inside a crowded bus or train will be high. If it is true, as the scientists say, that one in 70 of us in England has Covid, and the capacity of a double decker bus is about 70 and a full Tube train or regular train carriage can carry up to 140 passengers, that would mean that on average one person on a crowded bus and two people on a crowded Tube train will be contagious. They will have Covid, and with little ventilation and no legal requirement to wear a mask.

I travel on public transport all the time—it is how I get to your Lordships’ House and go home—and it is certainly noticeable that mask-wearing, particularly among young men, has fallen. It is true that on the Tube there are marginally more people wearing masks than on the Overground, but the number has fallen. It is very concerning and worrying, and I have got to the point where I have stopped being a mask monitor and offering people masks if they have not got one on, because there are too many of them on the Tube and on trains without masks on.

We supported the removal of restrictions on gatherings, but we thought the Government were going too far and too fast at the time. We were also concerned that the lifting of all the restrictions was confusing to businesses. Has the Minister had feedback about how effective the lifting of those restrictions was? This instrument extended the expiry date of the Health Protection (Coronavirus, Restrictions) (England) (No. 3) Regulations to the end of September to ensure that local authorities retain the power to respond to local serious and imminent public health threats as a result of the spread of coronavirus. Can the Minister confirm whether the Government intend to further extend these provisions? If it is in the winter plan I apologise, but I think we will be discussing that tomorrow or Thursday.

I suspect that the winter plan contains which bits of the Coronavirus Act are being retained and which will be got rid of. However, what worries me is whether in three or four weeks’ time, if infection rates have increased enormously as a result of the schools going back, there will be sufficient powers to deal with that, and sufficient powers if we need to go into further restrictions. The Minister must explain what will happen if the worst happens. The byword throughout the whole pandemic has been “Let’s plan for the worst and hope that we don’t have to use those powers.” If all those powers are being rescinded now, what will we do if there is a new variant further into the winter or we see a spike in the next three or four weeks? We need to know that.

In terms of mask wearing, I went on holiday to Scotland by train and it is true that as we neared the border, there was an announcement that everybody had to wear a mask, and everybody put a mask on. It was not an issue. Like the noble Baroness, Lady McIntosh, I do not regard mask-wearing as an encroachment on my civil liberties. I regard it as something that protects me and with which I protect others. We seem to have lost that message in the wearing of masks. Are the Government going to do anything about that?

[Lord Bethell (Con)]

My Lords, I thank noble Lords very much for an extremely helpful debate, and I very much welcome this return to the Moses Room. It is very nice to be back in the intimate and more conversational style of Committee.

The Secretary of State has been on his feet this afternoon to talk about the toolkit. My understanding is that there will be some kind of Statement repeat, and I look forward very much to going through the toolkit during that. I apologise in advance if I cannot answer every question on that right now, but I would like to tackle a couple of points that were raised. Before I do, I will say a word of appreciation for the contributions of the noble Baroness, Lady Brinton—her presence is highly valued—and for those who organised the virtual House and our current arrangements. It is all a massive compromise and uncomfortable, but I am extremely grateful for the work that has been done to make this return possible. I am hopeful that even more can be done in October.

A number of noble Lords, particularly the noble Lord, Lord Hunt, asked about the booster. The NHS will be rolling out a booster programme to protect those who are most vulnerable to Covid, as we announced previously. It will now be extended to individuals who received vaccination in phase 1 of the programme: that is, JCVI groups 1 to 9. That includes those living in residential care, all adults over 50, front-line health and social care workers, and all those aged between 16 and 40 who have underlying health conditions that put them at a higher risk of severe Covid.

This is very good news. There is very strong evidence that a booster programme such as this can have a very big impact, particularly on those who are immunosuppressed or who live with the immunosuppressed. The JCVI has advised that the booster vaccine programme is offered no earlier than six months after completion of the primary vaccine course, and that will of course affect many people. The vaccination programme has been planning booster vaccinations for some time, which means that the NHS is now in a position to offer booster doses from next week. As most younger adults will have received only their second Covid vaccine dose in late summer, the benefits of booster vaccination in this group will be considered at a later date. I think noble Lords would agree that this is a reasonable and proportionate approach to this complex issue.