Health Protection (Coronavirus, Wearing of Face Coverings on Public Transport) (England) Regulations 2020

Baroness Randerson Excerpts

Wednesday 8th July 2020 Lords Chamber

[Baroness Randerson (LD) [V]]

My Lords, this SI is the outcome of a long saga about the efficacy of wearing masks. Early in the pandemic, controversy raged over the Government’s failure to provide adequate supplies of PPE. The daily news featured scientists and clinicians explaining how vital decent masks are. If doctors and nurses are protected by wearing masks, then ordinary people are too. But the Government took the position that masks were of no benefit. The strong suspicion is that their main consideration in maintaining this position, after it ceased to be credible and the WHO advice was clearly changing, was to avoid a surge in demand for masks when there was already a shortage.

When government advice changed on 11 May, it was carefully scripted so that any face covering would be helpful. The clue is in the title of this legislation: face coverings, not masks. Government representatives were even claiming that the use of masks by the general public could give people a false sense of security. I have used a mask since the very early days of the pandemic. It is uncomfortable and I have no chance of forgetting it is there, so it constantly alerts me to the hazards of my shopping trip.

Confused government messaging has undoubtedly had an impact on our ability to fight this virus. Evidence on the wearing of face coverings on public transport shows a steady increase in compliance. If compliance was low in mid-May that is probably because, the week before, the Government were telling us that masks were not necessary. All social change takes some time to bed in, to create a new normal for behaviour. I have recently used both trains and tubes, and almost all passengers were wearing masks, albeit there were not that many other passengers at all.

On 4 June, the Secretary of State announced that face coverings would be mandatory from 15 June, when this SI was laid. The Secondary Legislation Scrutiny Committee has drawn attention to the fact that these regulations were laid long after they had taken effect and too long after the initial announcement. This is government by decree, and we must not get used to it, because it is a long way from acceptable democratic process. Can the Minister explain why, having advised us to wear face coverings on 11 May, the Government did not consult the industry at that point but left it until after the announcement that it would be compulsory on 4 June? Consultation after the decision—even this debate is being held at the very last possible minute.

The debate has now moved on to who should enforce this, and I agree with those noble Lords who say that bus drivers, for instance, should not be expected to do this job. There are quite strong enforcement powers in here for the police but, in practice, enforcement will largely be via the court of public opinion. There are dangers of a vigilante approach.

Several categories of people do not have to wear face coverings, many of them in vulnerable groups. They are not expected to provide written evidence, but it would help them a lot if they could carry a certificate, or even wear a badge if they wish to, so they can easily explain their situation. Do the Government have such a scheme ready and waiting? If not, I hope that one is in preparation. The regulations use both the terms “exemption” and “reasonable excuse” for those not required to wear a face covering. Can the Minister explain the difference between the two?

As my noble friend Lord Roberts has illustrated very cleverly, there are differences between this English legislation and the situation in Wales. Can the Minister assure us that there have been thorough discussions not only with the Welsh Government but with all cross-border transport operators?

Finally, I wear a mask to protect other people, rather than to protect myself. But those who object to wearing a mask often say that they, personally, are not afraid of the virus. As my noble friend Lady Jolly has pointed out, these are often young men. They have missed the point. Can the Minister assure us that the Government will hold a communications campaign to raise public awareness of both why and how masks are important?