Covid-19: One Year Report

Baroness Brinton Excerpts

Thursday 25th March 2021 Lords Chamber

[Baroness Brinton (LD) [V]]

My Lords, on Tuesday, we marked the sad milestone of the anniversary of the first lockdown by remembering all those who have died from Covid in the United Kingdom. We know that the shocking number of 126,000 is an underestimate, given that the count is of those who tested positive in the previous 28 days, and there are many who died beyond that period. But even with that, we are top of the world league in deaths per million at 1,859. To every family and friend of those who have died we send our deepest sympathies.

Before I come to why we have tabled this regret Motion, it is important to note the things that have gone well, such as the commitment of so many people in key roles across the country—in the NHS and social care, and our scientists and technicians in laboratories. Especial thanks go to those in our universities and research organisations who have found treatments and, most importantly, vaccines. We thank all those who have ensured that the vaccine pipeline has worked so well so far. Despite bumps on the road, it is impressive.

We also want to thank the teams in the Civil Service, local government and communities which have stepped up to the plate to ensure that core services and voluntary community groups remained working. One year on, they are all exhausted. We thank Ministers too; we understand the pressure that Ministers face every day. Sometimes, we have to hold them to account, and I know that can be hard. We thank them all.

We on these Benches have not tabled this regret Motion lightly, but from a growing frustration that the Government are still behaving as if we were in the early days of this pandemic and have not learned the lessons of what went wrong earlier on. Monday’s BBC “Panorama” programme interviewed the President of South Korea and asked him why the UK had done so badly, despite all the evidence from those countries that had been affected by SARS locking down early. His answer was telling. He said that each country in Europe appeared to have to go through its own crisis to understand the strong, clear actions it should have taken right at the outset, then repeatedly to prevent the virus escalating or re-entering the country. The UK death toll is, sadly, the evidence that the Government have got it wrong.

One year on, this has changed from a public health emergency to a civil liberties emergency, where women at a vigil for a murdered young woman are held to the ground by police with their knees on their backs. One year on, the Coronavirus Act has an unprecedented 100% unlawful prosecution rate. The CPS has identified at least 250 people being wrongfully charged. It is still causing enormous confusion among police and prosecutors, which is not their fault. It is not fit for purpose, but it cannot be amended today because we have a “take it or leave it” take-note Motion.

One year on, all people want are hugs and holidays with their families and friends, but the messages from Government are at odds with their own experts on how we make sure that mixing together and beginning to travel again are safe. Only on Monday, the Government published the annual review of the Coronavirus Act for the debate today. That report typifies much of the frustration we have with the Government’s overall performance.

Last March, my noble friends Lord Newby, Lord Scriven and Lady Barker all pushed Ministers to ensure that there was information publicly available on the government website about powers in SIs being turned on and off. We were concerned that many regulations would be made under the Public Health Act, not the Coronavirus Act, which the Minister has referred to, and this has proved to be true. My noble friend Lord Newby asked the noble Earl, Lord Howe:

“At Second Reading yesterday, my noble friend Lady Barker suggested that the Government should produce a grid to explain which clauses of the Bill have been implemented, and exactly how. That is a very good idea and I hope the Government can accept it, but could they go slightly further by having, as part of that grid, a list of all the other provisions introduced to deal with the coronavirus, but not necessarily under this Bill? I cite, for example, the power to close restaurants and all other places where people congregate, which was introduced under the Public Health (Control of Disease) Act 1984. That would be helpful not only for specialists, as it were, like us, but for those who want to find and then look at the legislative basis for decisions.”—[Official Report, 25/3/20; col. 1765.]


The noble Earl replied to your Lordships’ House:

“The noble Lord, Lord Newby, proposed that the website report should be comprehensive. I believe I can give him that reassurance.”—[Official Report, 25/3/20; col. 1772.]


But that has not happened. Only the SIs in relation to this Act have been covered. It is not fit for purpose.

The Hansard Society’s excellent SI dashboard tells us that last year, more than 400 SIs were published relating to powers in an astonishing 118 Acts of Parliament, five orders and five EU Acts, which are now held in UK law since 31 January.

On accountability, Ministers repeatedly said during the passage of the Bill a year ago that there would be special efforts to remain transparent and accountable to Parliament and the public. Too often, Ministers have not answered questions put to them in Parliament, nor written to answer them afterwards. FoIs are often answered late and without real information. Details of dodgy contracts are not published, nor are the arrangements for the so-called VIP channel that gave fast-track access to many Tory donors and friends. The Liberal Democrats will not give a blank cheque for this cynical bypassing of the long-established and respected transparency and accountability of Ministers and Government to Parliament. It is not fit for purpose.

The Act sets in place the arrangements for furlough, the self-employed, those self-isolating and those shielding if they work in non-Covid safe spaces. But millions of the self-employed have fallen through this safety net. Thousands who needed support to self-isolate found that they were turned down because the rules were too tight, and those shielding will have their benefits turned off from next week but are still told that they must not mix with people in non Covid-safe workplaces. This Act is not fit for purpose.

The SIs in front of us continue to typify some of those contradictory issues. On international travel, there will now be a £5,000 fine for someone going on a package holiday to Greece. But the Prime Minister’s father is allowed to go to Greece to deal with his property there—the Stanley Johnson special treatment clause.

SAGE advised the Government on 21 January this year that

“No intervention, other than a complete, pre-emptive closure of borders, or the mandatory quarantine of all visitors upon arrival in designated facilities, irrespective of testing history, can get close to fully prevent the importation of cases or new variants.”


We agree with SAGE. Until we take every step to ensure that new variants of coronavirus cannot be brought back into the country, it cannot be allowed to run rife in our communities because we lock down too late. When we will learn from South Korea, Taiwan, Australia and New Zealand that the only way to save the economy is to fight this virus hard and not create special rules or confusing laws? This Act is not fit for purpose.

I move on briefly to the arrangements for international travel covered in the SI on the steps to unlocking. Yesterday, the Prime Minister said that there was no need to test haulage drivers as they arrived in the UK, despite the fact that those leaving the UK have to be tested. At the Liaison Committee he was clear on this matter. Everyone accepts that drivers of haulage vehicles must be on the excepted occupation lists; we understand why it is difficult to make them quarantine. The government website lists such drivers and the specific arrangements for each of the excepted occupations. I was shocked to see that, unlike virtually all the other excepted occupations, drivers arriving from non-red countries do not need to take any tests at all, not even on days two and eight, as most others do. We accept the argument for some excepted occupations but a system under which drivers have no testing requirements at all is not fit for purpose.

In recent weeks Public Health England was trying to trace an unknown individual who had brought the Brazil variant into the country. New international travel regulations had already come into force, three weeks before, but it beggared belief that there was no link between testing and people quarantining—or worse, that there was no system to ensure that anyone taking a test could be tracked back to where the tests were sent. That is not fit for purpose.

Today’s new issue is about the use of vaccine passports in England for access to pubs and other venues as lockdown is lifted. Yesterday, the Prime Minister said at the Liaison Committee that he saw a role for domestic vaccine passports. Today, sensible people such as Jonathan Neame of Shepherd Neame pubs explained why that is complex and asked rightly who will police it and make decisions about those who cannot or have not been called for their vaccines. Will it be a young member of bar staff? Surely not.

One year on, there is no recovery plan looking forward, just crisis regulations being created and statements made that are then contradicted or discovered to be only half what was needed to prevent more cases. Where is the plan that will demonstrate that the Government are moving out of crisis mode and are prepared to remove all those regulations that we no longer need, and which put constraints on people’s lives?

Last week, the National Audit Office said that many of the Covid contracts relating to PPE and testing were not value for money and, worse, not transparent. We agree. Last June, Ed Davey MP asked the Prime Minister to agree to an independent public inquiry. He did agree, but there is still no information about what or when. Worse, there was not even an interim review last summer to learn the lessons from lockdown one, which might well have helped reduce the slow lock- down before Christmas that caused many thousands of unnecessary deaths.

I have read with interest the Motion to Regret in the name of the noble Baroness, Lady Thornton. I hope that she and her colleagues can support ours. Her frustration with the Government’s management of the pandemic is evident, too.

In conclusion, we stand at a crossroads. We are no longer in the emergency phase that we were in a year ago. Parts of the legislation are now either out of date or unworkable and that needs to be remedied. The Government must show Parliament that they can put the recovery first. They should follow the advice of their experts, bring a plan to Parliament and the people, and deliver it.

I will be calling for a vote on my Motion in order to test the opinion of the House.