Health Protection (Coronavirus, Restrictions) (England) (No. 3) Regulations 2020

Baroness Walmsley Excerpts

Thursday 3rd September 2020 Lords Chamber

[Baroness Walmsley (LD) [V]]

My Lords, often during the recent series of local lockdowns the voice of the local authorities has not been heard. When eventually it is heard, such as in the recent case of Bolton and Trafford, changes have been at such short notice as to confuse local people and make them much less likely to abide by the new restrictions. Local authorities must give reasonable notice to the public and businesses about closures. How can they do that if the Government change their mind with 12 hours’ notice?

Recently, many businesses have gone to enormous trouble to protect their clients with cleaning and distancing arrangements and PPE, which have cost them time and money, and yet sometimes they must close because of the behaviour of others or virus spikes at the far side of a large local authority area. I want to ask about their rights in those situations. According to these regulations, they can appeal to the magistrates’ court. How many such appeals have there been, and how long have they taken to be considered? What training have magistrates been given in considering these cases? Have any closure notices been overturned by a magistrate because of the rigorous safety measures being taken on the premises? Proprietors can also appeal to the Secretary of State. How many such appeals have there been, and how long have they taken to be considered? What steps have been taken to inform those running premises of their rights in this matter?

The enforcement section of this regulation contains an increasing list of fixed penalties, depending on the number of offences. What discretion do magistrates have to consider the case of an organiser or a participant in a peaceful protest where all possible precautions have been taken to protect public safety?