Covid-19: People with Learning Difficulties and Autism

Baroness Walmsley Excerpts

Monday 5th October 2020 Lords Chamber

[Lord Bethell (Con)]

My Lords, the guidance for day centres in particular is not something I know the specific date for, but I would be glad to take my noble friend’s question back to the department and seek a date, as he asks. We all wish for day centres to be open, but keeping infection control in day centres for those with learning disabilities and autism is extremely challenging, and our primary concern is the safety and protection of children. Therefore, we have to weigh those considerations with the natural pastoral concerns and the contribution of day centres to the care of children.

[Baroness Walmsley (LD) [V]]

My Lords, the lockdown has led to distress for many autistic children due to different routines and limited social interaction outside the family. Many have found returning to school difficult. The National Autistic Society has recommended that schools provide all autistic children with a personalised transition plan to help with their return to school. Has this been happening?

[Lord Bethell (Con)]

The noble Baroness puts the plight of those with autism extremely well. Who could not feel sympathy for those with special needs and autistic sensibilities, with the distress and trauma of changes and the unfamiliarity of the Covid regime? I do not know the precise status of a personal plan for all those transitioning back to school, but I would be glad to inquire back at the department and write to the noble Baroness with a reply.

Hospitals and Nursing Homes: Do Not Resuscitate Notices

Baroness Walmsley Excerpts

Thursday 1st October 2020 Lords Chamber

[Lord Bethell (Con)]

My Lords, NHSE&I is currently engaged with stakeholders, including people with lived experience, to develop better information for patients and to understand whether procedures need to be changed. I reassure the noble Baroness that DNRs are not issued, they are agreed with families and relevant loved ones. On no account should DNRs be unilaterally issued. They are for a joint decision; that kind of blanket application is something that we are extremely concerned about and seeking to avoid.

[Baroness Walmsley (LD) [V]]

My Lords, when someone who has a DNACPR is well enough to leave hospital, can the Minister assure me that the notice will be reviewed as a matter of course after consultation with the patient and their carers?

[Lord Bethell (Con)]

The noble Baroness makes a fair point. Of course, someone who walks healthy from a hospital need not have such a notice left on their clinical records. I will admit that I do not know the precise arrangements for how that is conducted but I will be happy to write to the noble Baroness and explain the procedure.

Covid-19: Tracking

Baroness Walmsley Excerpts

Wednesday 30th September 2020 Lords Chamber

[Lord Bethell (Con)]

Perhaps I may reassure the noble Lord that the NHS app is usable by nine out of 10 smartphones. On average, 87% of Apple and Android phones can download the NHS app. The Apple express service uses a smaller segment of the population because it requires more modern software in the phones.

[Baroness Walmsley (LD) [V]]

My Lords, what have the Government done to ensure that the new NHS app can read only official QR codes at venues and not scams that have the potential to corrupt a person’s phone or grab their data and cause privacy issues? How can users recognise whether a QR code is genuine and is any guidance available to help them to be cautious?

[Lord Bethell (Con)]

I reassure the noble Baroness that the use of non-official QR codes is rejected by the app. I have had personal experience of this. We have had downloaded 600,000 of the official QR codes—an astonishing figure. The use of those codes seems to have been embraced and adopted. I have one at my office and it works extremely well.

Covid-19: Medical and Funeral Expenses

Baroness Walmsley Excerpts

Monday 28th September 2020 Lords Chamber

[Lord Bethell (Con)]

My Lords, I am not sure the statistics that the noble Lord describes are at my disposal. However, the phenomenon he describes is both heart-breaking and of deep concern. Payments have been made to charities that have an interest in bereavement support to address this exact problem. Our thoughts and prayers go to all those who have lost a spouse or loved one to Covid.

[Baroness Walmsley (LD) [V]]

My Lords, I ask about eligibility for the funeral expenses payment. It looks to be less about those who do qualify and more about those who do not. For example, somebody on benefits, who is responsible for a funeral and makes an application, will be turned down if a close member of the family is not on benefits. How many people have applied for this payment since the pandemic began and what proportion have been successful in receiving it?

[Lord Bethell (Con)]

My Lords, the noble Baroness is correct that the calculation is dependent on close relatives being on social benefit. It is a sliding scale, but it is applied in an open-hearted and generous-minded way, and there are relatively discretionary payments, of up to £1,000 for ancillary costs that go beyond the funeral parlour costs, to try to create the kind of funeral that marks the passing of a loved one. We are keeping this payment under very close review, given its sensitivity, and will review it if there are concerns.

Coronavirus Act 2020: Temporary Provisions

Baroness Walmsley Excerpts

Monday 28th September 2020 Lords Chamber

[Baroness Walmsley (LD) [V]]

My Lords, when this legislation first came to your Lordships’ House, all Benches worked constructively to support the Government and give them whatever powers they needed to control the virus. Our Benches joined others in supporting the legislation, but because of the extent to which the powers impinged on people’s well-being, rights and freedoms, we wanted it reviewed every three months. We landed up with six months, and here we are today, better able to judge how the Government have used their powers. Frankly, in some respects, we are not impressed.

While many measures, such as emergency registration of nurses and allowing people to receive statutory sick pay from day one, were necessary and successful, our right honourable friends in another place will be attempting to remove or change some of the measures. It is wrong for the Government to force the House of Commons simply to approve full renewal or, on the contrary, full expiry and give this House no say at all.

It is not as if we have not tried to engage with the Government to discuss what needs to change. The leader of my party, Sir Edward Davey MP, has asked the Prime Minister to work with us to agree new legislation: to keep the necessary measures, get rid of harmful or redundant ones, add new measures, and return the role of Parliament to approving regulations before they take effect instead of weeks later—on that, I agree with the noble Lord, Lord Robathan. Disappointingly, the Government refused to engage, so they will be faced with a series of amendments from all parties on Wednesday.

One measure that must go is the Care Act easements. They are unnecessary and, although they were used by some local authorities at the beginning, are no longer used. Three-quarters of families with disabled children had their care stopped altogether during lockdown, but they still need proper assessment. A legal analysis by the Disability Law Service shows that the Government’s reduction of disabled people’s rights without consultation breaches international law under the UN Convention on the Rights of Persons with Disabilities—but then, breaking international law is getting to be a habit with this Government. The continued presence of these easements in the Act presents real risk to the rights and well-being of elderly, disabled and vulnerable people. They must go.

A major feature since the lifting of the national lockdown has been the imposition of local lockdowns where infections are rising. While these may be necessary, the combination of different rules in different places has caused confusion not only among the public but for the police. I accept that correct enforcement is necessary, but according to a review by the prosecution service 121 people have been wrongfully charged under the Act. The powers under Section 23, extending the time limits for urgent warrants, Section 51 and Schedule 21, giving extra powers for police and immigration officers to detain people, and Section 52 and Schedule 22, giving power to restrict or ban events and gatherings, must be clarified or removed. I would add to that guidance for the police on how to use the recent enforcement fines for failing to isolate.

There appears to be little logic in the way in which some powers are being used. Indoor pubs are allowed to open, but despite several successful pilots, sports clubs are not allowed to play matches to reduced-sized live audiences in their enormous outdoor stadia, perhaps with staggered arrivals to avoid crowds. Why not? Then there is the plight of university students, which time does not allow me to go into. The answer to much of this is a genuinely world-beating test, trace and isolate system, instead of the shambles that we have got.

Health Protection (Coronavirus, Restrictions on Gatherings) (North of England) Regulations 2020

Baroness Walmsley Excerpts

Friday 25th September 2020 Lords Chamber

[Baroness Walmsley (LD) [V]]

My Lords, with coronavirus cases doubling every week in a rapidly changing situation, there is sometimes a need to take urgent action but, despite assurances, the Government are still ignoring opportunities to bring new regulations to Parliament in a timely way. For example, all this morning’s regulations have been overtaken by the so-called rule of six, yet, despite having yesterday’s planned business cancelled because the Agriculture Bill was finished on Tuesday, the Government failed to put the new regulations before the House yesterday so we now find ourselves discussing old regulations that have been superseded. Little wonder that noble Lords have taken the opportunity today to ask the Minister questions about the new rules and other matters related to the virus.

Before I come to those, I want to say something about the new app. All these ever-changing local lockdowns have created such confusion among the population about the rules that now apply to them that many people have given up trying to follow them. That is dangerous. I downloaded the app yesterday and at long last, as well as being able to learn if I have been near someone who has tested positive, which is crucial, I am now able to find out the rules that apply in my area at a click. I hope this will help the residents of Pendle, Bolton and all the areas affected by local lockdowns. This is what we have needed for many months, especially since the national lockdown was lifted and local lockdowns imposed. I very much welcome the app, but I regret that it has taken so long to be available following the withdrawal of the first abortive attempt. Other countries have had a working app for months. Why not England and Wales?

Before I leave the subject of the app, will it help local authorities to track back to the source of new clusters of infection? Do they have the powers to enforce closures or whatever else is needed? I echo the noble Lord, Lord Blunkett, in asking how lessons have been learned from whether or not the local lockdowns have worked in reducing the incidence of the virus. As my noble friend Lord Greaves pointed out, local lockdowns have been very stressful for local government.

I turn to related matters. The noble Lord, Lord Alton, and others asked about clarifying the rule of six. It seems that people could have several sets of contact with five others during a single day, as my noble friend Lord Newby pointed out yesterday. Would it not be better to advise people about a maximum total number of contacts that they could have in any one day other than their own family?

Many noble Lords have asked about the test and trace system. As my noble friend Lord Greaves pointed out, unless the system is working properly, Pendle and other areas will be stuck in local lockdowns for ever. Are the local lockdown areas now getting appropriate access to tests?

Vulnerable groups have particular needs. I welcome the £500 payments for quarantine, but how do the Government determine low income? Is someone monitoring how quickly people are getting the money? They need it right away if they cannot go to work. Are local authorities getting the resources needed to support people who feel they need to shield in areas of high incidence of the virus? Is any extra work being done in the local lockdown areas to ensure the safety of children in households where social services are aware that their home circumstances may be either neglectful or violent?

Several noble Lords have raised the plight of care homes. My noble friend Lord Willis asked about the availability of tests for staff in care homes. I echo his demand for a guarantee of timely tests for staff in care homes. I also echo the question of the noble Baroness, Lady Andrews, about why inspectors are visiting care homes without being tested. If family members cannot visit their loved ones, why allow inspectors in without being sure that they are not importing infection?

The noble Lord, Lord Moynihan, asked about students and young people. They have been hit hard. My noble friend Lady Bowles asked questions about childcare that I hope the Minister can answer.

This week the Science and Technology Select Committee heard about the increase in mental health issues during lockdown, especially among the young, where incidence was rising anyway. Witnesses were concerned about the lack of research into the extent and effects of this. Are the Government doing any additional research? Are any additional resources for mental health support being provided in areas of local lockdown, where not only have they had many months of national lockdown but they now have extra restrictions on their freedom to socialise? Many have lost access to their usual therapies. This is bound to have had an effect on people’s mental health problems, especially those who had existing problems.

As we have heard, there are many questions to ask about these regulations but I share the view of many noble Lords, such as my noble friend Lord Beith, that it would have been much better if Parliament could have asked them before they were six weeks old and had been overtaken by others.

Covid-19 Update

Baroness Walmsley Excerpts

Monday 21st September 2020 Lords Chamber

[Lord Bethell (Con)]

My Lords, we are introducing a new scheme for bringing testing capacity straight to the desks of general practice, and the results from that initiative are promising.

[Baroness Walmsley (LD) [V]]

My Lords, I welcome the further £2.7 billion for the NHS to prepare for winter and the further £150 million to expand emergency departments in England. However, as a resident of Wales, where health is devolved, I ask the Minister whether the Government have provided a proportionate sum to the devolved Administrations, to ensure that their residents can benefit from these improvements too? Furthermore, will the changes to NHS 111 be available in Wales, Scotland and Northern Ireland?

[Lord Bethell (Con)]

My Lords, the noble Baroness raises an important point about the rollout in the devolved Administrations. I do not have the details in my brief but I would be glad to write to her with them.

Health Care: Guidance

Baroness Walmsley Excerpts

Monday 21st September 2020 Lords Chamber

[Lord Bethell (Con)]

My Lords, there are no blanket DNR notices. These are completely abhorrent and against the NHS constitution. We are not supporting them at all. The noble Lord is entirely right that families should be consulted before any such measures are put in place. The social care plan published earlier this month makes that absolutely clear.

[Baroness Walmsley (LD) [V]]

My Lords, young people have been hit hard by Covid-19, if not physically, then mentally and emotionally. They may be caring for someone who is either sick or vulnerable and therefore isolating. What is being done to ensure that young carers continue to get support during the pandemic—especially in the light of further restrictions—both for their caring duties and for their own mental health and well-being?

[Lord Bethell (Con)]

The noble Baroness is entirely right to focus on the plight of young carers, who play an incredibly important role in society at any time, and who are under profound pressure, particularly when isolating during this epidemic. Substantial financial support has been given to local authorities to provide their social care services with the additional funds necessary to support such cases, and we continue to work through our charity partners to ensure that young carers are supported.

Health Protection (Coronavirus, Restrictions) (No. 2) (England) (Amendment) (No. 2) Regulations 2020

Baroness Walmsley Excerpts

Friday 18th September 2020 Lords Chamber

[Baroness Walmsley (LD) [V]]

My Lords, yet again the Government are using this House as a rubber stamp. This is not what should be happening in a democracy. Despite repeated insistence from government Ministers that this will not become routine practice, it has become precisely that. All these regulations remove citizens’ rights and freedoms, so it is essential that parliamentarians can question them. For example, how many fines have been imposed on organisers of peaceful protests of more than 30? What criteria are used to determine whether the organising body is a political one and therefore exempt?

These regulations were laid only one or two days before they came into force, giving the public and business owners little chance to understand and prepare for them, and they have now been superseded. Is it any wonder that people are confused?

I want to ask the Minister about an aspect of the messaging that came up in evidence to the Lords Science and Technology Select Committee on Tuesday. It is clear that a proportion of people who have had the virus continue to have serious health issues long after the initial infection is over. These include chronic fatigue, damage to lungs, heart, kidneys, liver and central nervous system, as well as mental health issues. Yet the impression has been given, especially to young people, that patients might feel unwell for a couple of days or weeks, or maybe not at all, and then they will become immune. That is not the end of it for many people. Will the Government change their messaging to emphasise that this virus can have serious long-term effects with which the NHS will struggle to cope? What preparation is being made to allow the NHS to cope with long Covid?

Covid-19 Update

Baroness Walmsley Excerpts

Thursday 10th September 2020 Lords Chamber

[Lord Bethell (Con)]

My Lords, I completely and utterly reject the noble Lord’s suggestions. I remember well the nay-sayers, the sofa epidemiologists and the sceptics who, when we had testing at the level of 5,000, poured cold water on the idea we would get to 100,000. We hit that target. We have made amazing progress since and we will continue to push for more testing.

[Baroness Walmsley (LD) [V]]

My Lords, the Secretary of State has blamed the recent failure of laboratories to process tests in a timely way on members of the public who are not eligible—as he calls it—seeking to take a test. Is this not another example of Ministers blaming someone else for their failures? How do people know if they are not eligible? If they are concerned about something, what system is in place to enable testing centres to know who is eligible, so that they can refuse to test those who are not?

[Lord Bethell (Con)]

The noble Baroness is right, but it is sometimes difficult to know whether you have the symptoms of Covid, the flu or something else. That is why it is a complicated matter. What we have seen through our engagement with the public in the last few weeks is people who show no symptoms of anything but who seek a test to provide themselves with reassurance. It is not a question of blame, but rather of clarification: we simply do not have the national resources to support that kind of activity.