Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) (Amendment) (No. 5) Regulations 2021
Health Protection (Coronavirus, Restrictions) (Entry to Venues and Events) (England) (Amendment) Regulations 2021
(2 years, 10 months ago)
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The Parliamentary Under-Secretary of State for Health and Social Care (Maggie Throup)
I beg to move,
That the Committee has considered the Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) (Amendment) (No. 5) Regulations 2021 (S.I. 2021, No. 1382).
The Chair
With this it will be convenient to consider the Health Protection (Coronavirus, Restrictions) (Entry to Venues and Events) (England) (Amendment) Regulations 2021 (S.I. 2021, No. 1435).
Maggie Throup
The Government have always been clear that it is vital that we act in a balanced and proportionate way in response to the threat of the virus. We continuously monitor the latest data and updates from across the NHS, social care and wider sectors across the nation to ensure that there is balance and proportionality in our approach.
As of 9 December 2021, important changes to the self-isolation rules have helped align our domestic and international arrival self-isolation policies on vaccination recognition. The self-isolation regulations mean that a person vaccinated outside the UK is exempt from self-isolation when identified as a close contact of a positive covid-19 case if their vaccination status is recognised for the purposes of international travel rules. Those who have taken part in qualifying clinical trials abroad are also exempt from self-isolation if they are a close contact of a positive case.
The self-isolation regulations also clarify the process for those who are unable to be vaccinated for medical reasons to provide evidence of that, in line with the international travel regulations and the vaccine or test certification regulations. By bringing consistency, these changes extend the exemptions from self-isolation for close contacts of a positive case, which will help to limit the impact on people’s lives—a move that I know is welcomed by many.
We are also debating a statutory instrument that makes minor amendments to the regulations regarding the need to show evidence of being fully vaccinated, a negative lateral flow test in the last 48 hours, proof of medical exemption, or evidence of participation in a clinical trial, as a condition of obtaining an NHS covid pass in order to gain entry into certain settings in England from 15 December.
The original regulations—the “certification regulations” —were introduced following parliamentary approval and as part of plan B measures in response to the omicron variant. The regulations we are debating make small amendments to correct minor cross-referencing errors and an omission in those original regulations. They correct the calculation of the number of attendees at a category D event—an event with 10,000 or more people—so that it must be made on the basis of all attendees to the event, whether seated or unseated. The regulations also correct the calculation of the number of attendees at a category B event—an indoor event with 500 or more people likely to stand or move around—so that it must be made on the basis of all attendees to the event, excluding the workforce and excluding attendees with an assigned seat, even if they are standing next to their seat.
The regulations also correct how venues adhere to spot check criteria, so that when the responsible person wished to admit persons using spot checks at an event or venue before 31 December 2021, they needed to apply to the local authority as soon as practicable before the date of the event, rather than the usual 10 working days before the event. That date was amended from 29 December to account for bank holidays and to provide 10 working days between the certification regulations coming into force and the requirement for an application to be made at least 10 working days before the event.
Finally, the regulations amend the certification regulations such that a prior designation of an authority to which fixed penalty notice payments must be paid, made under the Health Protection (Coronavirus, Restrictions) (Local Authority Enforcement Powers and Amendment) (England) Regulations 2020 or the Health Protection (Coronavirus, Restrictions) (Steps) (England) Regulations 2021, is designated for the purpose of the certification regulations. That means that the designations continue to apply for payment of fixed penalty notices issued under the certification regulations, and that the chief executive officer of the ACRO Criminal Records Office has the authority to collect payment of any fixed penalty notices issued. I assure hon. Members that the correcting regulations were made as soon as possible and came into force at 6 am on 15 December, in line with the initial regulations.
As we look ahead to the coming weeks and months, we continue to monitor the data daily, and we maintain our commitment that coronavirus measures will not be kept a day longer than is necessary. I would like to take this opportunity to reiterate my thanks to all those in the NHS and social care, and volunteers across the country, for their tremendous work in helping us to get through these challenging times. I commend the regulations to the Committee.
Andrew Gwynne (Denton and Reddish) (Lab)
It is a pleasure to serve under your chairmanship, Mr Stringer. I am grateful for the Minister’s remarks and, indeed, for the opportunity to discuss these important measures. I also want to add my thanks to all those in the NHS and all the volunteers across the country for the sterling effort they have put into fighting this pandemic and keeping us safe.
As we have made clear repeatedly, the Labour party will not play politics with public health or stand in the way of measures that protect lives and livelihoods. As the Minister has outlined, these proportionate measures have enabled us to stem the tide of rapidly rising omicron cases while protecting essential aspects of our day-to-day liberty. They are measures that no Government wanted to take but that it was necessary to take in the extraordinary times we are living in. It is for that reason that Labour did not oppose these measures on the Floor of the House, and we will not do so today.
I would, however, be grateful if the Minister could provide clarity on several points related to these two statutory instruments. The first instrument relates to self-isolation and exempts those who have come into contact with someone who has tested positive for the virus from the requirement to self-isolate, so long as they are vaccinated. The instrument makes provision for those medically exempt from taking the vaccine as well as those undergoing clinical trials.
Alongside this legislation, the NHS recommends that someone should take a daily lateral flow test after close contact with a positive case—one a day for seven days—to protect themselves and others. Given the importance of regular testing in tackling the omicron variant, can the Minister reassure colleagues that the Government are not planning to scrap the provision of free lateral flow tests at this time? Furthermore, can she outline what actions the Government are taking to ensure that we do not face a shortage of lateral flow tests over the coming months? What lessons have been learned from the Christmas period, when many people struggled to get their hands on lateral flow tests?
The second instrument relates to entry to venues and events. It is right that, while we tackle an incredibly transmissible variant, those wishing to visit venues and large events are given the peace of mind that precautions have been taken to avoid mass infection. I am grateful to the Government for taking on board our concerns, including on the option of a recent negative lateral flow test as an alternative to vaccination status, which has made a big difference. We felt that this was a proportionate instrument that enabled clubs and large-scale events to operate while keeping individuals as safe as possible.
I would, however, be grateful if the Minister could clarify some points relating to the NHS covid pass and vaccination status. At the moment, full vaccination is defined as two doses of the vaccine at least 14 days before the permitted entry to an event. Given that research has highlighted the efficacy of the booster vaccination in tackling omicron, can the Minister advise us what discussions she has had with colleagues on altering the definition of full vaccination to three doses, and whether that is something that the Government plan to implement? It is important that she is clear on that as we need to ensure that people are fully prepared for any changes, if there are to be any, and that they are given the opportunity to get that third dose if they have not done so already.
Furthermore, on that point, can the Minister advise what assessment she has made of the booster roll-out for immunocompromised clinically vulnerable and clinically extremely vulnerable people, which has been stalling for the past few months? Will action be taken to promptly address that? As colleagues will no doubt be aware, these restrictions are due to be reviewed prior to the expiry date of 26 January, so can the Minister provide colleagues with an update on how discussions relating to that review are progressing?
I seek reassurance from the Minister on one further point. When the related regulations were debated in the House last month, the Government faced an extraordinary rebellion from their own Benches. Those proportionate and sensible measures got through the House only thanks to Labour support—something that the Government do not always acknowledge on occasions when perhaps they should. Can the Minister reassure those of us on the Opposition Benches that the Government will continue to take public health decisions based on scientific and epidemiological merit, and that they will not give in to any reactionary elements in their own party? That is an important question because we are still in an incredibly precarious position, and the public must be assured that Ministers will always act in the public’s best interests, rather than according to partisan interest, particularly given the vulnerable position the Prime Minister currently finds himself in.
Maggie Throup
I thank the hon. Member for Denton and Reddish for his measured approach and his support for the regulations. I will start by answering some of the questions he raised, which were fair questions. As he rightly says, the provision of free lateral flow tests has been an integral part of the way we have combated the virus. We have had three strands: our world-beating vaccination programme, our testing strategy and our antivirals. Together, they have ensured that we are fighting the virus in a very effective way.
I reassure the hon. Gentleman that we have plenty of lateral flow devices. In November, 100 million were distributed throughout the country. In December, that went up to 300 million. This month, we are expecting 400 million, and we have the availability for that. In addition, we have negotiated for Royal Mail to distribute more lateral flow and PCR tests on a daily basis. Earlier in December, it was distributing 400,000 units a day—I was delighted to visit a sorting office that was delivering lots of them in mid-December—and its capacity is now 900,000 units a day. We thank the NHS staff, social care workers and volunteers, but there are lots of other workers we need to thank for going above and beyond to ensure that people can get either a vaccine or a test whenever they need it.
The hon. Gentleman talked about the provision of free lateral flow tests. In our autumn and winter plan, we said quite openly that, at some stage, we would have to look at the provision of the universal offer, but now is not that stage. He also asked about the definition of “fully vaccinated”. We rightly look at all the data, and at the effectiveness and the efficacy of the vaccines, and keep that under consideration as we look at that definition.
The hon. Gentleman asked about the immunosuppressed. I am delighted to inform the Committee that, as of today, 12 to 15-year-olds who are immunosuppressed or a close family member of someone who is immuno-suppressed can get their booster dose. I visited a vaccination centre in Manchester this morning, and I could see that it was geared up for that. That was really good to see. The vaccinators and volunteers there were really up for any changes that will be made as we move on and learn more about the virus.
However, the hon. Gentleman is right to ask about the immunosuppressed. We have written to many of the immunosuppressed—those who qualified to get their third jab and then their booster jab. We have also made provision for a certain cohort to have a PCR test at home in readiness, so that if they get symptoms and they test positive, they can have antivirals prescribed for them very rapidly.
The hon. Gentleman asked, finally, about the regulations for plan B. Quite rightly, we are checking the data on a daily basis. As the Prime Minister has said, we do not want to keep these regulations in place for a day longer than necessary, but we will continue to base our decisions—the hon. Gentleman is right about this—on the science and the data in front of us. That is what we have done throughout the pandemic, and we will continue to do it.
The changes to the self-isolation rules we are debating today bring about welcome alignment between our domestic and international arrival self-isolation policy. As I indicated earlier, the certification regulations were introduced on 15 December after being approved by Parliament. The regulations in front of us today make small amendments to correct minor cross-referencing errors and an omission in those original regulations. The correcting regulations were made as soon as possible and came into force at 6 am on 15 December; there was no delay between the initial regulations and the amending regulations.
The certification regulations sunset on 26 January, and they are part of the review of plan B, on which Parliament will be updated and have its say. It is important that we strike the right balance between the safety of the public and keeping the country open. I assure the Committee, as I have already said, that we will not keep these measures in place any longer than we have to.
We all have a part to play in keeping the country safe. The vaccines are our best line of defence against the virus and for helping us to live with covid. I again urge everybody to get boosted, and I commend the regulations to the Committee.
The Chair
I allowed the debate to go slightly beyond the strict limits of the two SIs, but I thought Members would want to hear the answers to those questions.
Question put and agreed to.
HEALTH PROTECTION (CORONAVIRUS, RESTRICTIONS) (ENTRY TO VENUES AND EVENTS) (ENGLAND) (AMENDMENT) REGULATIONS 2021
Resolved,
That the Committee has considered the Health Protection (Coronavirus, Restrictions) (Entry to Venues and Events) (England) (Amendment) Regulations 2021 (S.I. 2021, No. 1435).—(Maggie Throup.)