Health Protection (Coronavirus, Restrictions) (England) Regulations 2020

Baroness Hamwee Excerpts

Tuesday 12th May 2020 Lords Chamber

[Baroness Hamwee (LD)]

My Lords, the Minister has explained that the legislation is about to be superseded. The rule of law requires law, brought to both Houses of Parliament as soon as possible. There is enough confusion about what is intended without confusion on the part of citizens and the police as to whether what we are told to do or not do has the force of law, because a breach may carry a fine and, let us not forget, a criminal record.

I keep coming back to what is a “reasonable excuse”, which, as I understand it, is still the overarching criterion. Enforcement has to work with guidance; it is not enough for the Prime Minister to say, as he did yesterday,

“everybody understands what we are trying to do together.”—[Official Report, Commons, 11/5/20; col. 30.]

The Secretary of State this morning seemed still unable to answer the question posed on Sunday: can I meet both my parents, all of us keeping well apart, physically distanced, in my back garden, accessed directly? If not, why not?

If I were an employer, I would ask—so I will ask the Minister—“If I ask or tell staff to return to work, could I be opening myself up to legal claims because of how I organise the work? If I do not tell them to return—I could do, but I am cautious—will they still get their furlough payments? If some return but others are too anxious to do so, does one group receive those payments but the other does not, and how do I handle that?”

We seem to be in a position of no substantive change —indeed, the Minister in his introduction reverted to the “stay home” mantra—but with added muddle. “Staying alert” to me is the language of not ignoring dodgy packages on the Tube, not being alert to something you cannot see. Are the Government taking advice from behavioural scientists and psychologists in both policy and communications? The noble Lord, Lord Wei, might agree.

I think all speakers so far have called for consistency and clarity. Do we need clear, and clearly intra vires, law? Yes, and so does the Secretary of State, who must terminate regulations that are not necessary or proportionate. He, and we, must be able to make that assessment. Did we need another slogan? Not in my view.