Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place) (England) (Amendment) Regulations 2020 Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place) (England) (Amendment) (No. 2) Regulations 2020 Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and on Public Transport) (England) (Amendment) Regulations 2020

Debate between Lord Beamish and Justin Madders

Monday 21st September 2020 General Committees

[Justin Madders (Ellesmere Port and Neston) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Efford.

I thank the Minister for her detailed introduction. As she rightly pointed out, today we are debating amendment No. 2 to the original regulations on face coverings, which we debated only a week ago, and the amendment to the regulations on the wearing of face coverings in a relevant place and on public transport.

The first amendment to the face covering regulations, which, as we heard, came into force on 8 August, required the wearing of face coverings in additional indoor premises to those listed previously. It added indoor places of worship, crematoria and burial grounds, chapels and museums, galleries, cinemas, public libraries, public spaces in hotels, such as lobby areas, and community centres to the list of relevant places.

On the face of it—if you will pardon the pun, Mr Efford—those are all indoor settings that are not fundamentally different in character from those covered by the initial set of regulations. I would be grateful if the Minister set out why, in those circumstances, an amendment was necessary. Was it that the scientific advice changed between July and August about the places where face coverings would be effective, or was it simply that those places were an oversight in the first set of regulations?

The regulations also list the premises exempted from the definition of “shop”, including premises offering certain medical services, gyms and photography studios, and add premises that were previously exempt from the definition of a shop as relevant places where face coverings must be worn, unless an exemption or reasonable excuse applies. Those include places such as nail, beauty and hair salons and barbers, tattooists, piercing parlours, massage parlours, storage and distribution centres, auction houses, spas, funeral directors, veterinary practices, premises providing professional services including legal and financial services, theatres, casinos, nightclubs, dance halls, conference and exhibition centres, bowling alleys, amusement arcades, indoor soft play areas, skating rinks or other indoor recreation activity premises. Again, I would be grateful if the Minister set out the rationale for the changes to the definitions in what would appear to be a very short period of time.

The amendment (No. 2) regulations, which came into force on 22 August, added further indoor premises where face coverings must be worn, including casinos, members’ clubs, social clubs and conference centres, and removed premises that were previously exempt, meaning that face coverings must also be worn in funfairs, theme parks or other premises for indoor sports, leisure or adventure activities. The regulations also added further examples of circumstances in which a person would be exempt from wearing a face covering in the relevant places, including for elite sportspersons, the coach of an elite sportsperson, referees, and professional dancers and choreographers when they are either acting in the course of their employment, training or undertaking competition, and for pupils at religious schools who are under the age of 19 and are undertaking educational training in a place of worship as part of the curriculum.

Finally, the Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and on Public Transport) (England) (Amendment) Regulations 2020, which came into force on 28 August, amended the penalty amounts for fixed penalty notices issued under the legislation that governs the wearing of face coverings on public transport and in relevant places. As we have heard, this means that the penalty for a first offence remains at £100, reduced to £50 if paid within 14 days. For each additional breach of the face covering regulations on public transport and in relevant places, the fixed penalty notice amount now doubles, up to a maximum of £3,200—a system that is now known as laddering.

The regulations also provide that fixed penalty notices issued before this approach was implemented will not be included in the laddering. For people who received a fixed penalty notice before 28 August, the first fixed penalty notice issued after that date will be for £200. Each subsequent fixed penalty notice will double in cost, up to a maximum of £3,200. All subsequent fixed penalty notices issued after the £3,200 limit has been reached will be levied at £3,200, and any discounts for early payments will not apply to fixed penalty notices issued for £200 and above. I very much doubt that anyone has yet been issued with the maximum fixed penalty notice of £3,200, but I would be grateful if the Minister set out whether anyone has reached the top of the ladder—or escalator, as it might well be called.

I want to make it clear, as I did during the debate last week on the initial regulations, that the Opposition support these SIs. We all have our part to play in beating this virus. It is important that we all follow the advice to wear a mask, unless someone is exempt. As we know, that is important not just for keeping each of us safe, but to ensure that people can go about their livelihoods as much as possible.

As cases begin to rise again, people are concerned about what the winter holds for them and their families. With the sharp rise in coronavirus cases and the difficulties that people across the country are facing in getting a test, there is mounting concern that we do not have the virus sufficiently under control. There is no doubt that Professor Chris Whitty and Sir Patrick Vallance gave an extremely sobering message this morning about the challenge we face over the coming months.

The Opposition will support the SIs because they will help limit the transmission of the virus, but it is also important that this place plays its role in scrutinising the legislation, which is why we are having this debate. I want to raise a number of issues, starting with the timing of the regulations. Since 11 May, the Government have been advising the public to wear face coverings in enclosed spaces where they might find it difficult to maintain social distancing and might come into contact with people whom they would not normally meet, yet face coverings became mandatory on public transport in England only on 15 June, in shops and transport hubs on 24 July, and in the other relevant places covered by the regulations on 8 and 22 August.

The question of why there was such a delay between the Government’s recommending their use and mandating their use featured heavily in the debate on the wearing of face covering regulations last Monday, more than seven weeks after they originally came into effect on 24 July. As the Minister will no doubt recall, I asked her at the time whether she could explain why there was such a delay between the Government’s advising people to wear masks on 11 May and the introduction of the wearing of face coverings regulations on 24 July—a period of some two and a half months. The Minister responded not in the debate but in subsequent correspondence, and I am grateful to her for her reply. I would have been even more grateful if I was satisfied with the answer I had; unfortunately, that has not proved to be the case.

In a letter to me, the Minister says:

“Our advice from the Deputy Chief Medical Officers is that evidence is limited but suggests that face coverings may have some benefit in reducing the likelihood of someone with the infection passing it on to others, particularly if asymptomatic disease is common, which is now established for the novel coronavirus.”

That is something that we all understand and accept—hence we are not opposing the regulations—but it does not really explain the reason for the delay in making it mandatory, although the Minister goes on to say in her written response to me:

“The Government reflected on how the public had responded to the guidance to wear face coverings in enclosed spaces.”

Again, it is not in dispute that the Government would have reflected on this, but we do not know what those reflections uncovered or why it was determined that regulations were required. The letter continues:

“As lockdown restrictions began to ease across the country, we felt it necessary to mandate the use of face covering in some indoor settings such as shops, supermarkets and indoor transport hubs. As shops reopened, we anticipated an increase in footfall and introduced these measures to provide some reassurance to people and help them benefit from some small additional protection that face coverings can offer when it is not always possible to socially distance. Nevertheless, social distancing and hand hygiene remain the most important way to control the virus.”

I think that that articulates rather better the Government’s thought processes, although it is to be noted that their position is that social distancing and hand hygiene remain the most important weapons against coronavirus; however, neither of those measures has become compulsory. It may be that it has been deemed, on balance, that they are too difficult to enforce in any meaningful way, but if the Minister could add anything on that point I would be grateful.

I have a couple of quibbles with the explanation. It talks about shops reopening, but of course supermarkets have remained open throughout, so I am not sure how that can be part of the reason for the delay. Although some shops were closed in the lockdown, most were reopening by early June and all non-essential retail was back open by 15 June. On that basis, the regulations should have come into force by that date—not five weeks later. Given that the Government’s own explanatory memorandum states that mandating the use of face coverings in a range of public indoor settings offers a reasonable protective measure to reduce the risk of infection on contamination by the virus, why was there a delay? Why not introduce the measures more uniformly across indoor settings in the case of shops when they reopened, instead of five weeks later? In the case of other settings, why do it in stages over the period of a month, causing confusion over when they were or were not required? As Members of this House and the other place have rightly said, the delays have not only fuelled confusion over where people should wear face coverings; they have caused people to lose trust in the Government’s message and, sadly, to stop following their advice.

That brings me to another issue, which is that conflicting advice and confusing statements from Government are not helpful in the fight against the coronavirus. If we want people to understand the rules and follow them, we need clear communication from the Government and the rules need to make sense.There is a struggle to understand, at times, why the rules still apply only to some people and not others. Will the Minister explain why, for example, the regulations do not apply to those who are actually working in shops, transport hubs and the other places where they apply? That was raised in the previous debate, but we did not get a satisfactory answer. Surely someone in a restaurant or pub serving members of the public is going to come into contact with large numbers of the public, so I wonder why it is not a requirement that they wear a face covering.

It is correct that many retail environments have put up screens to ensure that their checkout staff are protected, but many staff are of course engaged in other activities around the store, such as stacking shelves, often when members of the public are walking past. What is the difference between someone in that situation spending a significant amount of time in the aisles, and someone who is shopping there as a member of the public?

The last time the Committee met I also did not get a satisfactory answer about schools. It is notable that in the incredibly long list of indoor places where people gather and might find it difficult to socially distance, schools, colleges and universities barely get a mention. The National Education Union was right to say that the “slow” and “incoherent” way in which the decision was reached would not inspire confidence from parents or teachers. We are aware of the confusion caused by the Government’s 11th-hour U-turn about requiring secondary school pupils to wear face coverings in school corridors in local lockdown areas in England—an announcement made just days before schools returned. Of course that makes little sense to a pupil who lives in a local lockdown area but who is educated in an area that is not under lockdown, and who therefore is not subject to the same requirements.

Current guidance means that it is school leaders who have to make individual decisions about the use of face coverings in their school. Not surprisingly, the National Association of Head Teachers has said that that approach is “neither helpful nor fair”. I for one have received emails from concerned parents asking why the wearing of masks in schools is not compulsory. I understand their concerns when the country has about 75,000 teachers off, and 740 schools that are either wholly or partly closed because of the virus, and when teachers and pupils alike are unable to get tests.

As the general secretary of the National Association of Head Teachers said, it was

“in no way unpredictable or surprising that the demand for Covid-19 tests would spike when schools reopened more widely this term”.

We certainly have been calling on the Government to take more action over the summer to prepare for the autumn.

Obviously, with increasing numbers of local authorities now facing lockdown restrictions that affect more than 13 million people, more areas face local restrictions, meaning that more pupils will be required, by default, to wear face coverings in communal areas. But what about other areas? It is widely acknowledged that we are now seeing a rise in cases all across the country, with the R rate estimated at being between 1.1 and 1.4.

The Opposition support the use of face coverings becoming compulsory in communal areas in secondary schools as a step towards reducing infection rates. In her response to the debate, I would be grateful if the Minister could explain why that is not being made mandatory and why instead we continue to see this variation across the country.

Also, what about universities? It has been reported that some universities require face coverings to be worn in all shared indoor spaces, while others do not. Again, the responsibility should not be placed on individual institutions. Local authorities are also rightly concerned about spikes in infection as universities return. Universities have been calling for clear national guidance on the use of face masks on campus to help reduce the spread of the virus. As many students have returned to university, will the Government or the regulator publish guidance calling for all universities to take that step?

On enforcement, as the explanatory memorandum notes, although the majority of the public have complied with the regulations, there is a minority who have not done so. We support measures against the very few people who are frequently and repeatedly breaking the rules that, of course, are there to protect us all.

As we have already discussed, the new premises cited in the amended regulations include casinos, members’ clubs, social clubs and conference centres. Putting aside for a minute the question of why they were added to the list so late on, I want to explore the inclusion of members’ clubs and social clubs in a little more detail.

There is no doubt that such clubs have been extremely hard-hit, like many other parts of the economy. In particular, the restrictions on large gatherings have affected their ability to hold functions, which for so many of them represent the difference between their making a profit or a loss. However, something perplexes me somewhat—what is the fundamentally different element between what I would generically describe as a social club and a pub? What is the difference? I do not know how often the Minister frequents either of these types of establishment—

[Mr Kevan Jones (North Durham) (Lab)]

Could it not be argued that a social club has more control over who is inside the club? Unlike a pub or a bar, where anyone can walk in, in a registered social club people have to be members or signed in, so there is proof of who is there. Does my hon. Friend agree that social clubs have more control than a pub over who is actually in their space?

[Justin Madders]

My right hon. Friend is absolutely right. Of course, it was the case until fairly recently that there was no legal requirement on pubs to take test and trace details, so they were in a very different position from social clubs.

However, the main thing that perplexes me is that if we look at the layout, the function and the activity of pubs and social clubs, they seem to be extremely similar. Can the Minister explain from either a political or scientific perspective why they are being treated differently for the purposes of these regulations?

It has been said that these regulations play an important role in giving people the confidence to travel, to return to the workplace and to frequent the retail and the hospitality sector. However, for that confidence to be in place, we need the enforcement regime to be universal and rigorous, and at the moment that does not appear to be the case.

The latest figures that we have for public transport show that between the regulations being introduced, which was on 15 June, and 20 August, there were 115,423 interventions to remind passengers to wear face coverings, with at least 365 fixed penalty notices issued. However, we also know that by 20 August only eight fixed penalty notices had been issued under the relevant place regulations, but if the Minister can update us on that today I would be grateful.

Even allowing for the time difference between introducing the regulations for public transport and transport hubs, one has to wonder why there is such a disparity between those figures. They suggest that people are more compliant in transport hubs and retail spaces than they are on public transport, but frankly that is unlikely. Alternatively, is it more likely that the disparity can be explained by the lack of enforcement in transport hubs and shops? Can the Minister confirm if that is the case and can she also confirm what is being done to ensure compliance?

As several Members said in the previous debate, we need clarity on how these requirements will be enforced. What we are hearing across the country is that they are not being enforced as effectively as they could be. The legal requirement to wear a face covering when using public transport was introduced in June, and then in shops the following month, but it was clear that the police did not see it as their role to enforce that requirement

I wonder whether the high level of interventions taking place on public transport are mainly in London. The Minister will recall how we discussed during the last debate the fact that Transport for London staff were specifically mentioned in the regulations. As I know from my own constituency, however, little enforcement is happening on public transport. I have had multiple constituents complaining that when they go on buses and trains, some travellers seem to be able to travel without face coverings, and are not being challenged. Despite the regulations providing very broad powers to a wide range of people, it is still not clear who those people are, and whether bus or rail companies have the powers they need to enforce the regulations, despite their staff being an obvious choice.

We have the same unanswered questions about the retail sector, which faces similar problems with enforcement. Just as bus companies are reluctant to ask their bus drivers to enforce the rule, many of the major supermarkets are not asking their staff to police it, relying instead on encouraging shoppers to play their part through signs and public address announcements in store. Regarding enforcement numbers, it would be interesting to know how many of the fines or fixed penalty notices that have been issued so far related to transgressions in retail environments.

We know from a shopworkers’ survey carried out last month by the Union of Shop, Distributive and Allied Workers that 75% of shopworkers have been abused by customers who were asked to socially distance, and almost half had experienced abuse as a result of asking shoppers to wear face masks. In that circumstance, it is not surprising that shop staff are reluctant to carry out that role. Nobody should face abuse for asking people to comply with public health measures, and such reprehensible behaviour by members of the public should not go unpunished.

The Minister has quoted a figure of 96% compliance with the wearing of face coverings in shops. I wonder if she could explain the nature of that survey: was it simply asking people whether they had complied with the regulations, or was it based on observation? I should imagine that most people contacted by a polling company and asked whether they intend to comply with the law would answer that they did—who wouldn’t? Four percent, possibly, but from my own observations, I suspect that the compliance rates are rather lower. Next time Members visit their local shops, I urge them to have a look around and see for themselves whether there is an issue of compliance and enforcement.

In July, the Prime Minister increased the pressure on the police to uphold face mask laws, seemingly at odds with the Police Federation, which described the task as “impossible”. Does the Minister agree with that description? If not, would she at least accept that the low number of fixed penalty notices may indicate a problem with enforcement?

Listening to those who represent the people on the frontline is important. With the rule of six and the new legal requirement to self-isolate, the number of enforceable restrictions is increasing. I was concerned to read, in a response to a written ministerial question I received last week, that no physical checks are currently being carried out on people who are requested to isolate. Presumably, if fines are now to be issued to those who break quarantine, there must be some kind of enforcement to make that effective. There are very real pressures on the police, due to the reduction in their numbers over the past decade, and they simply cannot continue to be handed responsibilities if those responsibilities are not accompanied by sufficient resources to enable them to do their job. We need answers that have not been forthcoming to date. Will the Minister set out what resources have been handed to the police to ensure these measures are complied with?

Despite media reports that covid marshals are already operating in the streets, we still have not got to the bottom of who they are, what their role is, or how they will be resourced. We do know that council leaders have expressed concerns that they are not able to resource them, following a decade of cuts; of course, councils are already facing significant, multi-million-pound shortfalls in their finances this year. The Minister was unable to answer questions in Committee last week, and the concern is that despite the emphasis the Prime Minister has placed on them, the scope of covid marshals will turn out to be disproportionate to the reality of what is happening on the streets.

When the Minister responds, will she be able to confirm whether covid marshals will be required to enforce the wearing of face coverings in relevant places, on public transport, or both? If that is the case, how will they be funded, and how will this be communicated? It is important that people know not only that their actions can be subject to enforcement, but by whom.

For there to be public confidence in the rules, adherence to them and compliance with their enforcement, it is vital that everyone understands who has the power to enforce them. Uncertainty about that will only create friction, tension, and greater uncertainty.We need absolutely crystal clarity from the Government about who is able to enforce these rules and the circumstances in which they are able to do so.

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[Justin Madders]

No doubt the Minister can answer the questions raised by my right hon. Friend the Member for North Durham and by my hon. Friend the Member for Warwick and Leamington (Matt Western) last week on whether the wide enforcement powers created by the original regulations, the amendments to which we are discussing, were intended to cover face coverings as well.

[Mr Jones]

It is not clear; we have not been given a list of people who can actually enforce these powers. The regulations are relevant to marshals if marshals are given the powers and included in the list. We do not know whether marshals are in the list of individuals to whom the Secretary of State could give powers.

[Justin Madders]

My right hon. Friend is absolutely right, and I hope that we finally get some clarity on that today.

I again raise the Opposition’s concerns about the way these regulations have been brought in, and the delayed scrutiny and debate of them. Many points and questions I and other Members have raised should not be being heard weeks after the regulations came into force. Although the amendments to the regulations on the wearing of face coverings were laid during the summer recess, as I raised earlier, had the initial regulations been debated in a timelier manner, perhaps that situation could have been avoided altogether. As the Minister will be aware, the Opposition have repeatedly called for regulations to be debated before they come into force. I have raised the issue of new regulations being introduced and not debated until weeks later on every occasion that we have discussed coronavirus regulations, yet it still happens every time we debate a new statutory instrument.

Despite the Government’s own acknowledgement that they are aware of Parliament’s concerns about allowing for the timely scrutiny of regulations, particularly in relation to the timing of debates, we are once again debating regulations weeks after the event. I note that we are perhaps debating these regulations rather more promptly than the previous face covering regulations, and that the Government have scheduled 17 sets of regulations for debate this week, which will hopefully bring us a little bit more up to date. Of course, I have made it clear on numerous occasions that we accept that the initial coronavirus regulations had to be introduced hurriedly in response to the initial threat from rising numbers of infections from what was, at the time, a new and unknown disease, but we are no longer in that situation.

Each of these regulations contains the phrase at the start:

“the Secretary of State is of the opinion that, by reason of urgency, it is necessary to make this instrument without a draft having been laid before, and approved by a resolution of, each House of Parliament.”

I accept that, earlier on, that would have been the case, but that cannot really be said of these regulations. What is the urgency for these two sets of regulations to correct oversights and omissions from earlier regulations and other regulations increasing the level of fines for transgressions? Is it really the Government’s position that correcting their own mistakes is a good enough reason to override parliamentary scrutiny? What is the reason for the urgency in the increase in fines? As I say, we have no problem with the laddering proposals in these regulations, but what required them to be introduced before there was any debate?

I am concerned that the Government appear to be falling into a regrettable pattern of treating parliamentary scrutiny as an afterthought, relying on claims of urgency that are really not justified as Members on both sides of the House and in the other place have repeatedly expressed their desire for these debates to be held in a timelier way, to ensure full parliamentary scrutiny. Despite those multiple pleas and the Government’s assurances that they have listened to those concerns and are working hard to address the problem, it seems that every time we face new regulations, we still face a rubber-stamping exercise, weeks down the line.

These regulations are too important not to be debated and given full and timely parliamentary scrutiny before they become law. I make this plea as I have done on a number of occasions. The Government should be aware that we remain extremely concerned about the continuing contempt being shown for parliamentary scrutiny. They can and should make time to debate regulations before they become law.

We believe it is possible to arrange, through the usual channels, for these Committees to be set up at short notice, so that important regulations such as this are debated in a proper manner before they become law. I know that many on the Government Back Benches share that view, and I will of course clear my diary, if necessary, to ensure that the Opposition play our part in ensuring proper scrutiny of, and accountability for, such regulations. It seems likely there will be more regulations on their way. I hope we can debate those in the proper and orderly manner that it is this Parliament’s duty to do.

Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place) (England) Regulations 2020

Debate between Lord Beamish and Justin Madders

Monday 14th September 2020 General Committees

[Justin Madders (Ellesmere Port and Neston) (Lab)]

It is a pleasure to see you in the Chair, Mr Twigg. I thank the Minister for her detailed introduction. As she said, the instrument requires members of the public to wear a face covering when in the relevant place. It came into effect on 24 July.

I will be clear from the outset that we support the instrument. As the Minister said, it is an exceptional measure, but we are in exceptional times and we all have to play our part in beating the virus. Unless someone has an exemption, it is important that, where advised to wear a mask, we all should. That is important for not just keeping each other safe, but opening up the economy and saving people’s livelihoods.

As the Minister outlined, the regulations define a relevant place as a shop, including shops, supermarkets and enclosed shopping centres. It does not include areas of shops and shopping centres that are provided for the consumption of food and drink, such as seating areas provided in coffee shops, supermarket cafés and food court areas in shopping centres. It covers transport hubs, including any enclosed stations, terminals, ports or other similar premises from or to which a public transport service operates.

[Mr Kevan Jones (North Durham) (Lab)]

The regulations do include transport hubs, and they are clear about TfL having the powers to issue fines in London, but they are sketchy on other transport hubs, many of which, civil servants may wish to know, exist outside London.

[Justin Madders]

As we have commented from time to time, it seems that to this place, there is not much life outside London. Of course there are a number of transport operators operating up and down the country that the regulations do not cover. For example, my public transport operator on the railways, Merseyrail, has said that it does not currently have the powers for its staff to be able to enforce the regulations. That will certainly need to be ironed out in future regulations.

The regulations that require a person to wear a face covering unless they have a reasonable excuse also set out the categories of people to whom the requirement does not apply. They include children under the age of 11, shop employees in the course of their employment, and a non-exhaustive list of what may constitute a reasonable excuse.

I have some questions about some of the specific provisions in regulation 3 in relation to the requirement to wear a face covering, particularly regulation 3(2)(b) where the requirement does not apply to someone working in the course of their employment. The Minister set out that the regulations are not intended to cover workplaces, because employers are expected to deal with that. I appreciate that employers have a legal responsibility to create covid-secure environments, but there will be occasions when the workplace or the nature of the work mean that that is not possible. Will the Minister explain the Government’s position in respect of those situations, especially given that they are encouraging people to return to work where possible?

Regulation 3(2)(c) says that the requirement does not apply to

“any other person providing services in the relevant place under arrangements made with the person responsible for a relevant place”.

That is catchy; it trips off the tongue. The list of relevant places is in part 1 of schedule 1, but will the Minister explain who

“any other person providing services”

is intended to cover?

Part 2 of schedule 1 contains a list of premises where there is an exemption to the requirement for face coverings. Some, such as dentists, are obvious, but others, such as cinemas, theatres and libraries, require a little further explanation as to why they are exempt.

Will the Minister say a little more on that point?

These regulations were laid before Parliament on 23 July —the day after the House adjourned for the summer—despite the fact that they were announced on 14 July and, as my hon. Friend the Member for Blackley and Broughton pointed out, were discussed extensively for many weeks previously. As the Minister is acutely aware, the Opposition have repeatedly called for regulations to be debated before they come into force. I have raised the issue of new regulations being introduced and not debated until weeks later on every occasion that we have discussed coronavirus regulations. It is seven weeks later in this instance.

It was acknowledged when we were debating a previous set of regulations that the Government are aware of Parliament’s concerns about allowing the timely scrutiny of regulations, particularly in relation to the timing of the debates. The Government indicated that they would endeavour to hold the debate as soon as possible after the regulations were laid before Parliament. I have made it clear on numerous occasions that we accept that the initial coronavirus regulations had to be introduced hurriedly in response to the initial threat from the rising number of infections from what was, at the time, a new, unknown disease.

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[Justin Madders]

It is fair to say that there is a difference between dealing with someone in a clinical setting and dealing with them on a day-to-day basis, but there is no doubt that, at a very early stage, there was evidence to suggest that the virus would be transmitting through the air. I think the reason it took so long to get where we ended up is to do with the question of how effective face coverings would be outside of a clinical setting. Nevertheless, the Government’s position was very clear from early May, yet it has taken until now for us to debate these regulations.

The regret motion also rightly raises concerns about the confusion that was caused regarding where people were required to wear face coverings, due to detailed legal requirements not having being made available in advance. I am sure the Minister will acknowledge that there was confusion at the time, given that Cabinet Ministers themselves appeared to be confused by the mixed messages. We all remember the debate on the Pret paradox that the Chancellor of the Duchy of Lancaster was involved in. Within three days, the Prime Minister said he favoured face coverings, the Chancellor of the Duchy of Lancaster said he did not and the Justice Secretary said he was not sure, but he was perhaps in favour. That kind of conflicting advice and those confusing statements from Government are not helpful in our fight against the virus. We need clear communication from the Government. That is vital in combatting the spread of covid-19.

We needed it then, and we need it now. Going forward, clear and consistent messages about the wearing of face coverings are absolutely required. Clarity was also missing in the situation concerning schools reopening, with another 11th-hour U-turn from the Government on secondary school pupils being required to wear face coverings in school corridors in local lockdown areas in England—an announcement that was made just days before schools returned. Even then, new guidance that allows headteachers in any secondary school the flexibility to introduce masks in their schools was half-baked, leaving the National Education Union describing the way the decision had been reached as “slow” and “incoherent” and saying that it would not inspire confidence from parents or teachers. The National Association of Headteachers said:

“It is neither helpful nor fair to ask school leaders to make individual decisions about face coverings in their school.”

It has been reported that some universities require face coverings to be worn in all shared indoor spaces, including study settings, while others do not. Again, that responsibility should not be placed on individual institutions. Universities have been calling for clear national guidance on the use of face masks on campus to help reduce the spread of the virus. As many students have already returned to university, can the Minister say whether there will be any last-minute guidance for universities?

The regulations permit a relevant person, namely a police constable, a police community support officer or a TfL officer in

“any transport hub from or to which a TfL public transport service is provided”

to deny a person entry to the relevant place, or to direct members of the public to wear a face covering or to leave the relevant place if they are not wearing a face covering.

[Mr Jones]

It is actually worse than that. I have no problem with a community support officer or a police officer issuing someone with a fixed-penalty fine, because they have the training and expertise to do that. It does not sit comfortably with me that these regulations extend those powers to a large number of people who would not normally have the authority to give out such fines.

[Justin Madders]

The issue is that the police are not in a position to enforce this. That has been clear from what we have heard already.

[Mr Jones]

No, it is worse than that. I am comfortable with a police officer being able to issue the fine, but these regulations do not define what a TfL officer is. It could be anyone TfL decides. There is a catch-all later in the regulations that says they are

“a person designated by the Secretary of State.”

Surely, extending the ability to be able to issue a fine in that way is pretty draconian.

[Justin Madders]

It is an important point that we are giving, to use my right hon. Friend’s term, draconian powers to people, but that is deemed necessary to fight the spread of the virus. The issue that we on the Front Bench have is whether the resources and the appropriate training are following those powers. At the moment, it seems there is a huge gap.

Turning back to the powers, and the ability to issue fines and require people to move on, we need clarity on how those requirements will be enforced, as my right hon. Friend said in his intervention. When the legal requirement to wear a face covering when using public transport was introduced in June, and then in shops the following month, it clearly appeared that the police did not see it as their role to enforce that. I know from my own constituency that there is little enforcement happening on public transport. I have had multiple constituents complaining that when they go on buses and trains, some travellers seem able to travel without face coverings and are not being challenged. Bus companies say they will not put their drivers at risk. I mentioned Merseyrail earlier, which operates in my constituency on the railways, and it says that it has not been given the powers to intervene.

We have this strange situation where, as my right hon. Friend the Member for North Durham says, there seem to be very broad powers being given to a wide range of people, yet other people, who we would think are pretty obviously the right people to have them, have not been given them.

[Mr Jones]

As I said earlier, these are very London-centric regulations, because they refer to TfL but do not refer to other types of transport operators. However, the catch-all is in regulation 7(11)(d), which talks about the people who can give fines. It says that the authorised person will be

“a person designated by the Secretary of State for the purposes of this regulation.”

There is no list in the explanatory memorandum of the people who could be authorised. Is there any guidance on that? There is nothing at all in the explanatory memorandum to say who is being given those powers. It could potentially be anybody.

[Justin Madders]

My right hon. Friend makes a very fair point. I do not know whether that power relates to the announcement last week about covid marshals; we are still waiting for further information on them. I hope that the Minister will be able to clarify who that particular measure relates to and whether that power has been exercised at all so far, because, clearly, one of the things that we do not want to see, in terms of public confidence in and adherence to the rules, is people about whom we have had no warning or indication that they have the power to enforce these rules coming along and starting to do so. That will create friction, tension and uncertainty. We absolutely need crystal clear clarity from Government about who is able to enforce these rules and the circumstances in which they are able to do so.

I was referring to the problems on public transport, in particular, but the same problems arise in the retail sector. Many of the major supermarkets—Sainsbury’s, Asda, Morrisons and the Co-op—have all said they will not ask their staff to police the rule, but will instead urge shoppers to play their part, through signs and public address announcements in store. Of course, it is absolutely right that most people do play their part, and that many people have legitimate reasons for not wearing a face covering, but it remains the case that there is an element out there who will not wear a face covering on a point of principle. I am not sure what that principle is, but it is causing difficulty.

A survey of shop workers carried out last month by the Union of Shop, Distributive and Allied Workers found that 75% of shop workers had been abused by customers who were asked to socially distance, and almost half had experienced abuse as a result of asking shoppers to wear face masks. That is totally unacceptable; nobody should face abuse for asking people to comply with public health measures.

At the moment, however, I am concerned that such reprehensible behaviour by members of the public is going unpunished. In July, the Prime Minister increased the pressure on the police to uphold face mask laws. It was a task that was described as “impossible” by the national chair of the Police Federation, who said that forces did not have the staff or the resources to ensure compliance. We all know the pressures on the police and the reduction in their numbers that has happened over the last decade, so it is not enough for them to be handed additional responsibilities if those responsibilities are not accompanied by sufficient resources for them to be able to do their job. When the Minister responds, will she therefore set out what resources have been handed to the police to ensure that these measures are complied with?

Of course, as we have already referred to, the Prime Minister has announced that there will be covid marshals to enforce the new rule of six. Local council leaders, who it is assumed will take over responsibility for such marshals, have already said that they are not in a position to resource them, having already faced a significant multi-million pound shortfall in their finances this year. When the Minister responds, will she confirm whether covid marshals will be required to enforce the wearing of face coverings, as is possibly implied by the regulations, and if so, how will they be funded?

I understand absolutely the Government’s desire to try to get the economy moving again and to encourage people to go back to work and to shop, but those efforts will go unrewarded if people do not feel confident enough to go out because they feel, and indeed see, that the rules on face coverings are not being properly enforced.

In her opening speech, the Minister talked about the importance of confidence for people returning to the workplace and for retail. It is really important that that confidence is supported by a rigorous and universal enforcement regime. In that regard, I would be grateful if the Minister could set out how many fixed penalty notices have been issued so far under these regulations, and whether she has any details of the geographical areas or physical settings where penalties have been issued in greater numbers.

Finally, I will say a few words on the converse situation—people who are exempted from wearing coverings and why. I am sure that many Members will have been contacted by concerned constituents who, when they have been shopping, felt uncomfortable at the numbers of people not wearing a mask, or who have actually been confronted with abuse as a result of not doing so. We see stories in the press about people unable to comply with wearing a face covering for health reasons being challenged and abused and then being afraid to go out. Many charities, including Mind, Dementia UK, the National Autistic Society, Mencap, Asthma UK and Sense, have called on the Government to mount a public awareness campaign about hidden disabilities and the mask exemption rules, which allow for those who find it difficult because of physical or mental illness or disability, those who assist someone who relies on lip reading to communicate and those for whom wearing a mask could cause severe distress to be exempted from wearing a face covering in shops or on public transport. The Minister said in her opening remarks that there had been a public awareness campaign, and indicated that it might be “ramped up”, to use her terminology, so I will be grateful if she could advise on when we are likely to see that, given that these rules are likely to be in place for some time to come.

I will also be grateful if the Minister could say a little about the “severe distress” exemption. I do not want to spell out some of the reasons why people may need to rely on such an exemption, but as it is a subjective and broad exemption, it is open to misuse. Is the Minister aware of individuals who, when challenged, have sought to rely on such an exemption inappropriately, and the response of the enforcement body?

On the point of being able to communicate, as we heard from the right hon. Member for Elmet and Rothwell, I am sure that many of us have been contacted by constituents concerned about the impact of the use of face coverings on deaf people and those with hearing loss who rely on lip reading and facial expressions to communicate. Back in June, the Government confirmed that they had been in discussion with audiologists in the NHS about the use of face coverings and what can be done to reduce the impact on those who rely on lip reading, so can the Minister update us on what steps the Government are taking to ensure all their face covering policies are inclusive for people who may have hearing loss?

In conclusion, we will not seek to divide the Committee on these regulations, but, as I hope I have shown in raising a number of issues, I believe that our democratic process deserves better than for such an important law to be debated so long after it has come into force. I hope the Government finally act on those concerns and hand back control to this Parliament.