(3 years, 8 months ago)
Lords ChamberMy Lords, one year on, when the situation has changed, so should the response and the laws required to deal with the next phase of the pandemic. With over 126,000 people dead and many families missing loved ones this Easter, it should have been a time for the Government to seriously reflect on the approach required for the next stage of dealing with this public health challenge.
Despite some powers being dropped, the number of powers within the Act that have never been used or have hardly been used that will remain on the statute book, and the number that have been used repeatedly and incorrectly but also stay on the statute book, is telling. If the Government were committed to learning to improve the safety and resilience of the nation, they would have agreed to a public inquiry into the response to the pandemic—an independent assessment of what has gone well and what has not gone so well. That would have informed the changes that are needed in this Act and in future SIs.
The powers relating to “potentially infectious persons” under Section 51 and Schedule 21 of the Act have been used a total of 10 times by public health officers, but never by police or immigration officers, yet such powers are now also in the Health Protection (Coronavirus, International Travel) (England) Regulations, made under the Public Health Act. Why have two powers in two different Acts for the same issue?
As other noble Lords have said, the latest Crown Prosecution Service review of Covid prosecutions this week found that all six prosecutions under the Coronavirus Act in February had been incorrectly charged, bringing the total to 252 incorrectly charged, with not a single prosecution that was correctly brought. These powers are clearly not fit for purpose and are used in ways that unlawfully restrict individuals’ liberties—a good reason why nodding through these powers is not in the best interests of citizens or of improving an effective public health response. These powers within the Act should be dropped.
Talking of keeping people safe, in the last year we had the situation of care and NHS staff having at times to wear binbags rather than PPE. Some of the PPE and communications procurements have a stench of cronyism hanging over them, coming to light only when organisations such as the Good Law Project have taken the Government screaming and kicking to court—donations of over £8 million made to the Conservative Party by some of those who have contracts, and existing and established companies thrown aside in favour of those who had links to the Secretary of State’s WhatsApp messaging service or who were able to have meetings with the Minister in this House, who then had the door to the VIP channel opened and subsequently got lucrative deals. Companies with no record in health but who have run local pubs, manufactured pet food, or sold expensive jewellery, carpets and furnishing were given contracts for PPE via the VIP channel—in some cases for equipment that was not fit for purpose and did not meet UK safety standards. All those who had the golden door of the VIP channel open to them were 10 times more likely to get a contract than those established suppliers of PPE who did not get on to that channel, along with the eye-watering fact that up to three times the normal market rate was able to be claimed before serious questioning or auditing of such quotes was done.
I am sure that the Minister, as always, will gloss over this appalling cronyism. If there is nothing to hide, why do the Government still refuse to publish who nominated companies to go via the VIP channel and what recent contact they had had before companies got on the channel? It is telling that the National Audit Office report notes that, in some cases, the appropriate paperwork around those in the VIP channel was not kept. When the public inquiry comes, it will show that, at a time when we required procurement of the highest standards, some were more bothered about greed and used their contacts to pursue that. This review of the Act should have had a clause inserted promoting more open, transparent and ethical procurement.
Back in March 2020, these Benches indicated that the powers in this Act had to be proportionate to the health risk we faced, which required an equal partnership between local and national government to ensure that the response would keep people as safe as possible. On both these issues, the Government did not listen and are still not listening and acting to fully unleash the talents and skills of those in communities up and down the nation to improve the way we tackle public health issues. It is for those reasons that I will support my noble friend Lady Brinton’s regret Motion.
(3 years, 8 months ago)
Lords ChamberI will gently push back against the noble Baroness: the policy is absolutely crystal clear. Blanket DNACPR is not the policy of this Government, as was repeated time and time again in our communications, which I would list if I had more time. Training is the issue: we need to give the front-line workforce the skills it needs to apply these very delicate but critical interactions. That is the recommendation of the report, and that is where we are focused on applying the lessons.
My Lords, does the Minister agree with Age UK that the report is the tip of the iceberg and requires the Government to bring forward proposals as part of a complete overhaul of the advance care planning system?
No, my Lords, I do not accept that the report is simply the tip of the iceberg; it is very thorough and goes into the matter extremely carefully. However, there are important lessons on training to be learned and they will be driven by the ministerial oversight group.
(3 years, 9 months ago)
Lords ChamberI am grateful for the economics lesson from the noble Lord. I will take those recommendations and pass them on to colleagues at the Treasury.
My Lords, the £37 billion found for the predominantly private sector-led test and trace system equates to spending more than £1 million every day for the next 100 years. How does the Minister reconcile that with the statement that the Government cannot find the money to fund more than a 1% pay increase for front-line NHS staff?
My Lords, the test and trace system is part of an essential response to a virus pandemic that has shaken the world, and the costs of that pandemic are enormous. I regret them very much and wish with all my heart that we did not have to spend this money on our pandemic response, but there is no other way of cutting the chains of transmission and responding effectively to this awful disease. The ongoing pay arrangements for nurses and doctors are commitments that we will live with for years to come, and there is a difference between the two.
(3 years, 9 months ago)
Lords ChamberThe noble Lord is entirely right. Things are happening around the world which are causing a great deal of anxiety. Stories of possible reinfection in South Africa are extremely concerning and the huge spike in infections in South America has not been properly explained. It is possible that there are a number of mutations, and mutations of mutations, there. The truth is that we do not have the genomic or immunological data that we need to fully understand what is going on. That is why we have taken a precautionary approach, as the noble Lord recommends. We have instituted both managed quarantine and a red list which we keep under review. If we feel it necessary to extend that list, we will do so.
My Lords, tracing new variants will be key in the next phase of this public health challenge. So why does the £22 billion test and trace system not have an individual identifier on each test posted to homes, along with an integrated database? This way, every test could be traced back to an individual, regardless of where the test was sent from, or even if a person incorrectly filled in a form.
I endorse the noble Lord’s observation that tracing is important. I pay tribute to the Operation Eagle team. The noble Lord will note that the South African variant, which made landfall in the UK, is currently being contained through the immense work of this team. They are throwing a blanket over communities and doing a huge amount of forensic, detective work in tracing variants. As to his specific point, it is possible for someone to walk up to a testing station, take the test, be handed a form and not fill it in. We are trying to understand if those were the circumstances in this case.
(3 years, 9 months ago)
Lords ChamberThe right honourable Secretary of State for Health and Social Care put it extremely well. For those of us who were there at the time, the priority was saving lives, not publishing contracts or focusing on anything other than the protection of those who work and live in care.
My Lords, 25 million masks that could not be used were supplied by a pest control firm in a £59 million deal, while a Mauritius hedge fund got £252 million, and, again, the face masks could not be used. There was also a £70 million contract with a Florida jeweller for gowns that could not be used. Will the Minister commit to a judge-led public inquiry into the handling of such PPE procurement?
As the noble Lord knows, I cannot comment on some of those cases specifically because they are subject to legal action at the moment. However, in broad strokes, I say that there were a lot of people who stepped forward to help us in our time of need; I do not condemn them. Some of them came not from the PPE industry but from others. I am extremely grateful to all those who stepped forward to help us when we needed it.
(3 years, 9 months ago)
Lords ChamberMy Lords, four months have passed since the Minister told the public that the memorandum of understanding on data sharing between the National Police Chiefs’ Council and his department was just a small administrative issue, nothing to do with health information that could undermine public health efforts. Yet four months later, the law is in place and data is being passed to the police without Parliament or the public seeing the MoU.
In answer to a Written Question from me on 17 February, the Minister stated that the MoU
“is currently being updated to reflect amendments”
to these regulations
“and feedback from the Information Commissioners Office.”
He added that,
“the MoU will be published as soon as practically possible.”
What are the issues on sharing non-sensitive health information, such as one’s name and address, that have taken four months and required the intervention of the commissioner? Did she require any changes to the original MoU, and if so, what?
As we move to the next stage of dealing with the virus and the new variants, we will still require people to self-isolate. As the noble Lord, Lord Hunt, has said, the BMA has already said that it is concerned that some people are deterred from being tested because they are anxious about loss of income if they need to self-isolate and that it is
“worried should police involvement add to this.”
Evidence has shown that most people do the correct thing and isolate if they have financial security and practical support to do so. These are the key tasks for the Government now if rates of people self-isolating are to be improved on. While some financial support is being made available, for many it is not enough. Will the Minister now commit to paying people their full wages, so that people will self-isolate for the full period without having to worry about paying bills or feeding their family?
Practical support is required too. If you live in a cramped or multigenerational household, it can be impossible to self-isolate in a separate room. Why will the Government not do what other countries have done and pay for some of the closed hotels to be used as isolation hotels? Excellent international practice has reduced the spread of the virus through supporting people to self-isolate, via community well-being and health teams. These teams support with shopping, well-being and other healthcare support. In countries where these teams are deployed, they increase self-isolation and compliance and help reduce the chain of transmission of the virus. These kinds of issues are at the root of improving self-isolation. The Government should focus on them and not four months of fruitless discussions about sharing health data with the police, fines and, potentially, criminalising people who just want the financial security and practical support to do the right thing.
(3 years, 9 months ago)
Lords ChamberThe noble Lord is entirely right: obesity is not only a major issue, it is specifically cited in the Bill, where we have clear measures to try to address it. I do not need to raise it with the Prime Minister or the CMO because they both take it incredibly seriously. The Prime Minister has spoken movingly about his own challenge when he caught Covid—the five stone by which he feels he was overweight, the impact that had on his life chances, and how close to death he came because of obesity when he went into hospital. That was a metaphor for the whole country, and that is why we have launched a major obesity strategy in respect of marketing and advertising. It is why we remain committed to the obesity strategy, and more measures will be rolled out during the course of the year. I am extremely grateful to the noble Lord for reminding me about World Obesity Day on 4 March, which we will be marking very seriously with a publicity campaign.
My Lords, nearly 75% of NHS expenditure goes on hospital and ambulatory care. Will the Minister explain how the proposed reforms will, in reality, lead to the redirecting of significant hospital sunk costs into ill health prevention and improving population health outcomes, as implied in the White Paper?
(3 years, 10 months ago)
Lords ChamberMy Lords, we have done an enormous amount to prioritise care home staff, for the entirely pragmatic reason that it would make no sense at all for vulnerable care home residents to be infected by the staff who come and serve them. It is not always possible to put care home staff in exactly the same queue as those residents, sometimes because they are the ones delivering the vaccines. There is in fact a hugely sophisticated NHS route for care home staff to get their vaccine. However, I hear loud and clearly the concerns of noble Lords on this area. Let me please look at it more closely and I will correspond with the noble Baroness, Lady Massey, if I can provide her with any more details that would be helpful.
My Lords, some GPs in Sheffield have told me today that their hubs have a zero supply of vaccine and have been closed for over a week. However, they have not yet vaccinated all of their high priority patients. Those patients are now being directed to travel by bus up to 10 miles to the mass vaccination centre, but the most nervous and vulnerable say that they will not go there. What can the Minister say to GPs who are waiting and able to vaccinate patients but have no vaccine because it has all gone to the distant mass vaccination centre?
My Lords, I have heard the noble Lord’s concerns about this matter when he has brought them up previously, but I simply do not recognise the story he is telling. I would remind him that 95.6% of those aged 75 to 79 have had the vaccine. This is not the story of people who are concerned about going to mass vaccination centres. There are GP centres up and down the country that are closed because they do not have supplies, and it is supply that is undoubtedly the rate-limiting factor. That is because, as he knows, the supply comes in large boxes. If GPs do not have enough people to use up a large box, we have to prioritise those who have longer lists.
(3 years, 10 months ago)
Lords ChamberTo ask Her Majesty’s Government what assessment they have made of the number of people self-isolating who have been asked to do so as a result of testing positive for COVID-19.
My Lords, we know that the public continue to make enormous sacrifices. A recently published study by UCL indicated that, in the case of people who have been in contact with someone who tests positive, the proportion who report self-isolating is around 80%. Isolation remains critical to breaking the chains of transmission. We continue to improve our support to those who are asked to isolate.
My Lords, surveys show that approximately a third of people stop self-isolating between one and five days, with many saying that, despite the current cash support, it is the financial crisis that they face that forces them out of isolation and back to work. Is it not time for the Government to deal with this and do what some other countries with high levels of self-isolation compliance do by paying people’s full wages while they isolate?
My Lords, the surveys are not crystal clear about practice, but on the whole the UCL survey and our own interrogation of those isolating suggest that compliance is much higher than the noble Lord implies. I pay tribute to local councils, which are doing an enormous amount to provide the kind of economic support that the noble Lord quite rightly alludes to. Blackburn with Darwen, for instance, provides an enormous amount of support for those with annual earnings under £21,152. In Colchester, applicants must not have more than £16,000 in capital, but the council provides a substantial discretionary payment. It is this kind of targeted local support that we believe can make an enormous difference.
(3 years, 10 months ago)
Grand CommitteeMy Lords, another day, another statutory instrument on coronavirus. As the Hansard Society notes:
“The government has laid 364 Coronavirus-related Statutory Instruments … before the UK Parliament. The first two Coronavirus-related SIs were laid on 28 January and 10 February 2020, respectively. The rest have been laid since 6 March 2020, at an average rate since then of seven per completed week.”
No wonder people and businesses get confused. This makes a mockery of both Parliament and the tired excuse that Ministers keep trotting out:
“Owing to the speed with which the Government must take this emergency action to control the virus and save lives it is not possible for a debate to be held before these regulations come into force.”
The speed the Government said they needed for the 364 coronavirus-related SIs has not been effective, as we can see from the number of deaths. Some of the SIs have been superseded within days of coming into force, have caused confusion and have not achieved the goal of reducing the spread of transmission of the virus, thereby helping to keep people alive. The 364 SIs are indicative of a Government who have been far too reactive, rather than proactive, to the public health crisis we face. No other democratic Government across the world have introduced so much emergency legislation to deal with the coronavirus.
What is needed is a clear governmental strategy. It is sadly missing in the UK. That is what is required urgently, not more and more knee-jerk emergency legislation. The country is now at a crossroads in dealing with the virus. We have some hope on the horizon with the vaccination programme, but it is not the end. The world will be living with the coronavirus, new variants of it and all the health and economic risk this brings for years to come. It is time to reflect on what is needed for the next phase, what has been learned and what needs to change for the future. Part of this has to be less emergency legislation and more detailed and well thought-out laws and rules to genuinely save lives and get the country on a firmer footing to be able to deal with the next stage of the pandemic. This Parliament needs to stop just nodding through coronavirus emergency legislation. It needs to force the Government to come forward with a clear strategy for living with this pandemic and help set laws within that strategic framework.
As the past year has shown, 364 pieces of emergency legislation have not been the most effective way of keeping as many people alive as we would have hoped or proactively slowing down the virus. It is time for Parliament to do its proper job. For this House, that means having time to review and revise laws needed to deal with the public health crisis we face. This will help to ensure that the rules that people and businesses are required to obey are much more effective in reducing the spread of the virus and saving lives.