Health Protection (Coronavirus, Restrictions) (England) Regulations 2020

Lord Scriven Excerpts

Tuesday 12th May 2020 Lords Chamber

[Lord Scriven (LD)]

My Lords, these regulations are about the management of public health, not how to uphold public order. It is, therefore, a great pity that, due to the way that the Government have introduced them, the debate has become mainly about public order. Confusion was initially due to the words and grand statements of Ministers which were, at times, at odds with the actual provisions of the statutory instrument. On exercise, Ministers said, “Once a day, close to home”. Yet the SI does not restrict individuals to that. We had police stopping people unnecessarily and Derbyshire police using drones to shame people walking legally. There were issues around shopping, with Ministers talking about what “essential items” were. Yet the SI does not define essential or non-essential items; it states the law on where you can buy them. We had trolley spying by some police forces and the famous Easter egg debate. None of these was to do with public health issues around Covid-19. The police college had to send out guidance to cut through ministerial soundbites and state what was actually law within the SI. We are taking note of them again but tomorrow, as the Minister said, some of the provisions will change, due to them being out of date and as the new, graduated, measures to release lockdown start.

However, confusion has started again as we debate, not the science of public health, but the words and confusions of Ministers on public order issues. For example, public health advice indicates that you have a low transmission risk if you meet one other person outside your household outdoors and stay two metres apart. Yet the debate is now about the difference between meeting in a park or in your garden. The public health message is again getting lost: it makes no difference to public health, or the transmission of the virus, whether you meet one person outside, at a distance of two metres, in a garden or a park. Are we going to have police tiptoeing over people’s garden fences to see whether they are meeting one other person outside their household?

These SIs, and the new ones tomorrow, will be an important part of public health measures and the management of Covid-19. Will the Minister and the Government keep to that, and not give us soundbites that focus on people in parks or gardens, or on Easter eggs? We need to see these as helping to reduce Covid-19 and enhancing public health and not as a matter of public order where the debate moves away from people feeling safe and knowing to do the right things which the SIs say by law they have to.