Health Protection (Coronavirus, Restrictions) (All Tiers) (England) (Amendment) Regulations 2021

Baroness Massey of Darwen Excerpts

Monday 8th February 2021 Grand Committee

[Baroness Massey of Darwen (Lab) [V]]

My Lords, the Minister described the purpose of the regulations very clearly, so I will not repeat that. I thank the House of Lords Library for its additional information and the secretariat of the Joint Committee on Human Rights for its comments. Thanks are also due, of course, to the statutory instruments committee.

I am also delighted at the success in developing and rolling out the vaccines. It has been efficiently and thoroughly launched, as the noble Lord, Lord Blencathra, said, thanks to many people, including those appointed to oversee it by the Prime Minister. I am aware that the regulations have had many stages and many consultations, and that the Government have used the affirmative procedure so that, according to the Explanatory Memorandum,

“public health measures can be taken in response to the severe and imminent threat to public health.”

Apart from the amendments under discussion, there are pressing concerns that should be aired and resolved by the Government to avoid a preposterous assertion of slowness and confusion. I will briefly refer to some of those issues.

Problems remain with the amendment to the power to use and disclose information in relation to the police. Can the Minister say whether the Department of Heath will reverse plans to allow police access to NHS Test and Trace data to reassure the public of medical confidentiality? I remember discussing the concerns about confidentiality when test and trace was brought in—a long time ago now. Those concerns now seem to be disregarded.

I still have concerns about levels of Covid among disabled people and about the situation in care homes. I do not see the legislative clarity needed for relatives, residents and those running care homes. I realise that this is a wider concern than these regulations, but it is urgent and worth discussing.

Last week, I asked the Minister a question about the situation in care homes. I should have given him that question in advance, and I apologise for not doing so, as he was not able to answer it adequately, and I hope that today he will be able to, because I gave him prior notice of what I shall raise. Briefly, I seek clarification on whether, for a relative to be able to visit a loved one in a care home, it will be necessary for all the residents and all staff of the care home to have been vaccinated. If so, is it to be once or twice, and what priority can they expect? Many families have been unable to have other than distant contact with relatives in care homes for a very long time.

This issue is relevant to the human right to family life, and the Joint Committee on Human Rights has expressed concern. Have discussions taken place in the Department of Health with this in mind? I ask the Minister to clarify that as residents in care homes and their relatives are confused and distressed and, of course, longing to get back together again. It is a public health issue; it is also a human rights issue. I hope the Minister will give me a good response.