Covid-19: Intensive Care Treatment

Lord Scriven Excerpts
Thursday 29th October 2020

(4 years, 1 month ago)

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Lord Bethell Portrait Lord Bethell (Con)
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My Lords, the implementation of the long-term plan is under way, despite Covid. We have put the care of the elderly—and, in fact, all those who are vulnerable and in need of social care, half of whom are under 60—at the centre of our efforts. Returning to the point of the question and the article, I remind noble Lords that two-thirds of our Covid in-patients were over 65. Each got the support and treatment that they deserved and needed, and that will remain our commitment during any second wave.

Lord Scriven Portrait Lord Scriven (LD)
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My Lords, in April NHS England issued the Reference Guide for Emergency Medicine. Non-conveyance guidelines for ambulance services stated that any care home resident should not be taken to hospital until it was discussed with a clinical advisor. Why, therefore, was a resident in a care home not given equal treatment of access to hospital as an equivalent person outside the care home setting, and has that instruction been withdrawn?

Lord Bethell Portrait Lord Bethell (Con)
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My Lords, I do not know whether that specific instruction has been withdrawn; I will be glad to write to the noble Lord on that. I reassure him that, during an epidemic of a highly contagious disease, a hospital might not be the safest place for someone who is ill in a care home; nor would it necessarily be the safest place for someone who has gone to their GP and is sitting in the GP’s surgery. It is therefore absolutely essential that clinical risk management and advice is sought before referral to a hospital. There is no prejudice or unfairness here: it is simply good clinical practice.

Covid-19: Test Results

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Tuesday 27th October 2020

(4 years, 1 month ago)

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Asked by
Lord Scriven Portrait Lord Scriven
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To ask Her Majesty’s Government what immediate changes they are making to improve the speed of test results for COVID-19.

Lord Bethell Portrait The Parliamentary Under-Secretary of State, Department of Health and Social Care (Lord Bethell) (Con)
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My Lords, in the last two months we have responded to the rising demand for tests, the rising infection rates, the need to protect the front line in health and social care, the need for clinical trials for vaccine-to-medicines, outbreak control and surveillance by doubling the number of tests to 360,000. This has impacted turnaround times, which is regrettable, but we are focused on increasing capacity to raise efficiency, investing in the logistical backbone and encouraging users to the weekends, which will bring turnaround times down to the objective of next-day results.

Lord Scriven Portrait Lord Scriven (LD)
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My Lords, this morning I spoke to Allan Wilson, the president of the Institute of Biomedical Science, which represents 20,000 professional lab staff. He wrote to the department in early April to offer his free advice on how to improve the system and get a speedy testing system. Seven months later, the department responded with a letter advising him to go to the government portal for public contracts. Will the Minister now agree to meet the person who probably has the most experience of labs up and down the country? Why are the Government shunning Mr Wilson of the Institute of Biomedical Science in favour of paying £700,000 a day to management consultants?

Lord Bethell Portrait Lord Bethell (Con)
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My Lords, I am distressed to hear the anecdote that the noble Lord has just shared with us. We embrace the support and help of anyone who steps forward, particularly someone such as Mr Wilson, who clearly has an enormous amount of expertise. I would be delighted if he would write to me personally and I would be very prepared to meet him. I would also like give massive thanks to all those from all the relevant logistical, pathology, military and medical sciences who have formed an organisation practically the size of Tesco, which is what the national diagnostic system now looks like. It is only with the support of British industry, universities and business that we have been able to build this up and we are enormously grateful for that support.

Covid-19: South Yorkshire

Lord Scriven Excerpts
Thursday 22nd October 2020

(4 years, 1 month ago)

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Baroness Thornton Portrait Baroness Thornton (Lab)
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My Lords, the last few days have been very unfortunate. Arrogance, spitefulness and divisiveness seem to be the characteristics of the Government’s approach to attempting to control the Covid infection these days. If I were being charitable, I might say that this is a product of panic and not actually knowing what to do next. If I were being less charitable, I would say that it is a characteristic of order by diktat, punishing and humiliating—or trying to—those who will not do as they are told when championing their communities. Thus, instead of dividing communities and bargaining with people’s jobs, there needs to be a one-nation approach to bring this country together, get control of the virus and protect the NHS. We have not seen that this week.

The Mayor of Greater Manchester said that he felt that the Government were

“playing poker with places and people’s lives through a pandemic”.

He asked what that is about. Is that the politics of the Prime Minister, Mr Cummings and the Cabinet?

To underline what we are facing, on Tuesday, the number of UK deaths rose by 241—the highest daily reported rise since the first wave of the pandemic. Noble Lords might remember the ridicule Patrick Vallance suffered when his chart suggested that an unchecked virus would lead to 200 deaths a day by mid-November; we are in mid-October and we are at 241. Similarly scary were Jonathan Van-Tam’s charts showing rising hospitalisation of the over-60s and the NHS medical director Stephen Powis saying that, on Wednesday, Liverpool hospitals will have as many Covid patients as they did at the height of the pandemic in April, and that Manchester hospitals will face the same record in two weeks’ time.

If I might be political about this, I remind the Minister that many of the new MPs from those seats on which the Government’s majority depends are learning the hard way what they signed up for: a great deal more than an oven-ready Brexit and quite the opposite of levelling up. They will have to go to their communities and justify: what the Government are doing and not doing; why children might not be properly fed over the winter months; why there will be a huge unemployment rate and businesses going to the wall; and, indeed, why the Covid infection rate is not responding to the sacrifices already being made in South Yorkshire, Manchester and other places in the north and the Midlands.

I will repeat some of the questions put in the Commons by my right honourable friend the leader of the Labour Party; perhaps I might get more coherent responses than he achieved. He asked,

“how does an area which goes into tier 3 restrictions get out of those restrictions? … If the infection rate, R, in a tier 3 area has not come below 1, will it be possible in any circumstances for that area to come out of tier 3”?—[Official Report, Commons, 21/10/20; col. 1053.]

If the criteria is not the R rate being under one, what is the criteria for moving from one tier to another? Millions of people need to know the answer to that question; millions of them are in tier 3 and millions are more likely to go into tier 3.

Last Friday, the Chief Scientific Officer said that tier 3 on its own would certainly not be enough to get the R rate below one but, on the same day, the Prime Minister said that there was only one chance of getting the infection rate down. So I repeat my right honourable friend’s question: which is it? Let us try to find some clarification on the confusion. There is still no clarity about how any local area gets out of tier 3 restrictions, nor any guarantees that communities will get the funding that they need to save jobs and businesses. I hope that they will but I am not sure that they will.

Sheffield went into tier 2 restrictions a week last Wednesday. Did Ministers make the wrong judgment a week ago or has new evidence that was not apparent then come to light, because it has now been put into tier 3? How many other areas in tier 2, such as those that neighbour South Yorkshire—including Bradford, my hometown, North East Derbyshire and Nottinghamshire —face the same fate as Sheffield? Can the Minister tell us how long South Yorkshire will be in this tier 3 lockdown? I repeat again: does the nationwide R number need to fall below one? What happens if Doncaster gets below one? Will it be able to leave lockdown?

Finally, I turn to shielding because it was suspended a few months ago, as noble Lords might recall. As we move into tier 3 and while all the science seems to suggest that the infection rate is creeping up the age groups, what will happen to shielding? Dr Stephen Griffin, associate professor in the School of Medicine at the University of Leeds, said:

“Critically, I am aghast that shielding remains paused. Whilst it saddens me to see that this is once again our only recourse to protect those most vulnerable to COVID, they must be enabled both socially and financially to protect themselves once more. Whatever transpires as a result of policy, it must be accompanied by a return to the commitments made earlier this year. Most importantly, testing”


has to work properly. His comments came after the Deputy Chief Medical Officer, Jonathan Van-Tam, expressed his concern for the rate of change in infections among the over-60s across the nation.

Lord Scriven Portrait Lord Scriven (LD)
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My Lords, I declare my interests as a resident of Sheffield and, knowing the area well, as a former leader of Sheffield City Council. I note that I will not be the only former leader of Sheffield City Council who will speak on this Statement; unusually, we will probably both agree with each other again.

We have to remind ourselves that going into any of these tiers, particularly very high, and a blanket lockdown is a failure of one thing: an effective test, trace and isolate system. Countries that have that do not have to have blanket lockdowns; it is absolutely vital that the Government understand that.

There is beginning to be a feeling of a north/south divide on this. It is ironic that Greater Manchester has not had any extra support for jobs when it has been in the equivalent of tier 2 for quite a few months. It is telling that, just a couple of days after London goes into tier 2, suddenly the Chancellor is on his feet talking about a tier 2 system for extra job support.

Having spoken to a number of people in South Yorkshire over the last 24 hours, let me tell you what the feeling is: anxiety, fear and uncertainty. I have spoken to people in tears, who have a business and who just do not understand why they are asked to do things. I reiterate the comments of the noble Baroness, Lady Thornton: you cannot plan a business or your life if you have no idea of the criteria and the trigger points for being released from tier 3. This cannot be left to a number of suits in an office, deciding the livelihoods and the businesses of many areas. What are the criteria and the trigger points for release and for going into a certain tier—not just tier 3? They need to be public, not the private judgments of people in a private meeting.

Also, why is the support package per head and not more nuanced? The support package for people in Sheffield is £29 per head—£30 million for business and £11 million for public health—but why is it a flat rate? When we know that older people, BAME communities and deprived people are more affected, why is there not a weighting in an area for those particular issues? They are the ones who will be greatly affected and more spending will be needed. Again, why is the business support package per capita? Why is it not based on the number and type of businesses that will be affected? Why does the formula seem so out of sync with what local areas will need to do?

I am pleased that there is support, at only £8 per head, for public health, which includes a local test, trace and isolate system. From this support, apart from money, what extra resources and expertise will local areas in South Yorkshire be able to call on to implement an effective localised test, trace and isolate system? We want to do our bit in South Yorkshire but we want to see fairness and a package that will minimise the effect of this high-level rate on both businesses and people.

Lord Bethell Portrait The Parliamentary Under-Secretary of State, Department of Health and Social Care (Lord Bethell) (Con)
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My Lords, the noble Lord, Lord Scriven, put the sense of jeopardy and anxiety about the current situation extremely well. Anyone providing for their family or running a business will feel a huge amount of anxiety or even deep concern about the prospects for the next few months, and that is completely understandable. That is why we take all these matters incredibly seriously, why we are focused on it as a Government, and why we have made it such a large priority. The noble Baroness, Lady Thornton, put the grave sense of jeopardy extremely well when she referenced the Vallance graph, which was so derided when it was first posted and which has come to haunt us since then, the clear sense of concern from Jonathan Van-Tam, and the description of the state of our hospitals and intensive care units from Steve Powis. All those were grave warnings and have come to play out in a way that I am afraid worries us all.

At the heart of this debate is a question about the local lockdowns. They are necessary for those very reasons I just described. The infection rates have gone through the roof, they are profound, and they are having an impact right through all the demographics. In many cases they may have started in universities and with young people but they have moved relentlessly through the age demographics and are leading to hospitals filling up in a way that any mathematician, or anyone like me with an O-level in maths, can see is completely unsustainable without a major intervention. Our priority is to try to manage those interventions in a way that strikes the right balance, preserving the economy, keeping the schools open and keeping our lives as normal as possible, but which has an impact on the transmission of the disease. That is why these local lockdowns are so very important, because they are a way of introducing targeted measures to populations in a way that can close down the spread of the disease within a community.

When we say “community”, one of the lessons we have learned is that people travel within their regions a great deal, so we cannot be laser-like and targeted and just shut down a street, a town or a village. We have learned that we have to apply it to substantial regions; otherwise, the disease rolls from one small community to the next. Making these local lockdowns work is not in any particular government interest but in all of our interests. I ask noble Lords to step back from the temptation to introduce party politics into a subject which is driven by genuine public health concerns. It does not help anyone to talk in terms of north-south divides, people being at each other’s throats, scum, or any of the other political rhetoric that has been associated with the last week.

I come back to something that I have said many times at this Dispatch Box. It has been derided by those on the Benches opposite but it remains true and I see it every day of the week. There is a huge amount of bilateral and multilateral dialogue between central government and the agencies of central government—including the Cabinet Office, the DHSC, BEIS, MHCLG, NHS Test and Trace, and the NHS—and those in the regions and in the DAs. There are massive weekly calls, such as the one between the CMO and the DPHs, the one between the BEIS Secretary of State and the business community up and down the country, and the Thursday call between the MHCLG and 350 council chief executives and leaders. There is a relentless drumbeat of engagement and a huge amount of engagement on a one-to-one basis, as was shown by the revealing telephone logs of those on the phone to the mayor of Manchester on Wednesday, which seems to suggest that he was much more in touch with central government than perhaps was apparent from his photo call. I reassure the Chamber that that spirit of partnership to get the local national partnership working is genuine, backed by substantial amounts of money—£1 billion has been pledged for local authorities to support the local lockdown policy—and it is in all our interests to get this to work.

If it does not work, and if there is not the political leadership and trust at a community basis in the efficacy of this approach, we have only one choice. I am looking at the SAGE table which I have in front of me, and it is really clear. These kinds of tactical interventions can knock a point or two off R. However, the only way of knocking an integer off R is a national, home-based lockdown. That is the alternative: that we all go back to March and April, to being at home, with shops closed and no travel. If this local lockdown policy does not work, that is where we will end up, and that is why we are committed to working as hard as we can.

I pay tribute to the large number of those involved in local government at all levels who have worked really hard in their communities to make it work. We are here to talk about Lancashire, and I pay tribute to those in Lancashire who have agreed to and in fact called for the lockdown there. The noble Baroness, Lady Thornton, and the noble Lord, Lord Scriven, are right on the exit strategy. It is absolutely critical that everyone understands what the exit strategy is, and our focus needs to be on that. But I can tell your Lordships that it takes a lot longer to get out than it does to get in. The ramp up is a lot steeper than the ramp down, and it is a big struggle that will need the support of individuals, households, streets, communities, local authorities, regions, mayors and the national resources to make it work. I very much appeal for collaboration in this matter and hope that we can move on from what the noble Baroness, Lady Thornton, rightly characterised as a bit of an unseemly scramble this week.

The noble Baroness, Lady Thornton asked about shielding, which is incredibly important. We wrote to the shielding list on 13 October. That letter struck the balance between the need to protect those who are vulnerable and to take on board the feedback from many, including those in the Chamber today, that extreme shielding—locking up those who are vulnerable —does not support their mental health and will have massive consequences for them personally and for their communities. Therefore, the advice we have provided, in consultation with charities and groups representing those who are being shielded, strikes the right balance.

The noble Lord said something that I need to knock on the head in a big way, because it is a very destructive and counterproductive idea. He said that the fact that we are bringing in local lockdowns is itself proof of the failure of test and trace. That is simply not true. The only way to beat the virus is through the principal interaction of “hands, face, space”. You cannot break the virus’s spread entirely by isolating those who, retrospectively, you have identified as having the disease. That will never work, and we have never claimed it will work. SAGE and the Royal Society have been very clear that the impact of test and trace is complementary but it is not unique. The idea that local lockdowns are somehow solely and uniquely caused by the failure of test and trace takes the responsibility for beating the virus away from individuals, communities, employers, local authorities and the Government. With the greatest respect, I plead with the noble Lord to move away from that rhetoric, because it undermines the public communication of the importance of “hands, face, space”.

I return to my opening remarks. No one could take the development of these local lockdowns more seriously than the Government. It is done with huge regret. We can see perhaps the flattening of some numbers in some places that would indicate that local lockdowns are having an impact. It is too early to call at this stage. However, I live in hope that they will have the impact that we desire, and I live in fear that they will not.

Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020

Lord Scriven Excerpts
Thursday 22nd October 2020

(4 years, 1 month ago)

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Lord Scriven Portrait Lord Scriven (LD)
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I, too, pay tribute from these Benches to the Minister’s work ethic in coming forward with these continuous regulations. I want to hit on that—and no one else in the debate so far really has done. On these Benches, we accept that in a public health crisis proportionate, evidence-based and reasonable restrictions on people are required to prevent the public health threat getting out of control. However, as many noble Lords have said, when you have an emergency pushing through legislation, some huge unintended consequences come from how the statutory instrument is written.

I have to challenge the Minister. At the beginning, he said that there was a need for emergency legislation. No, there is not. There is for certain things, but self-isolation during a public health threat is not something that you cannot foresee. This should have been proper, primary legislation. Many noble Lords have raised very detailed and reasonable questions through the debate about the time, the implication for children, and the implication in terms of the app or non-app. These points could have been teased out so that when these provisions gained Royal Assent and became law, many of these issues would have been ironed out.

This House has to stand up more each time the Government say that they need emergency legislation. I accept that some will be needed, but self-isolation during a public health crisis can be foreseen and legislated for. It has on a number of previous occasions, so I completely reject this as needing to be emergency legislation. You cannot police yourself out of a public health crisis by the approach of pushing through and accepting emergency legislation.

I want to raise a couple of things within the regulations which no one else has mentioned so far. Many noble Lords have mentioned issues, but there is one to do with enforcement. The regulations talk about “reasonable force”; I think my noble friend Lady Bowles mentioned this. But which people are allowed to carry out “reasonable force”? Part 3 of this instrument refers specifically, in Regulation 10(6), to

“(a) a constable … (b) a police community support officer”

and

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

Over and above a constable and a police community support officer, what type of person would the Secretary of State designate? Sub-paragraph (d) refers to

“an officer designated by the relevant local authority for the purposes of this regulation”.

Is that any officer of a local authority? Could it be a director of finance, a refuse collector or a traffic warden?

The way that this is written is serious: the powers that the Government have given to a local authority—I declare my interest as a vice-president of the Local Government Association—are far too wide. Whether the intent is reasonable or not, should my reading of the provision be that any local government officer can use reasonable force to take somebody off the street, if they refuse to go to a house and do not self-isolate? This is why emergency regulation has to stop. It is serious and goes wide.

I will move away and look at the bigger picture. These Benches do not believe, and nor do I, that we can police our way out of a public health threat and crisis. There needs to be far more carrot and less stick. The countries getting this right, such as Taiwan and Germany, are putting far more carrot into the system. In Germany, you get paid your wage to stay at home; you are seen to be doing it in the national interest. Many people will not go for a test and self-isolate, because you will self-isolate only those who have actually had the test and feel secure financially, with support to do so. Why can the Minister and the Government not look at a proper support package, so that people will do the right thing? Many people want to do the right thing, and many are doing so. Some want to do so but fear what it means for putting food on the table to feed their children. This is a serious issue and it needs to be addressed.

In Germany, there are Covid support teams which provide social, economic and mental health support. This is seen not as punitive but as a support mechanism, with regular knocking on doors for people who have self-isolated. I understand the Minister will say that local government has been given money, but it is paltry compared to what is needed to support properly somebody in isolation who does not have the means to provide things. As I say, the intention is correct, but these regulations raise many questions. I hope the Minister can answer them because self-isolation is an important part of dealing with the public health threat.

Covid-19: Information Sharing with Police Forces

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Tuesday 20th October 2020

(4 years, 2 months ago)

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Lord Bethell Portrait Lord Bethell (Con)
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My Lords, those are two very important and clear questions. However, I will have to take them back to the department and write to the noble Lord with very clear answers.

Lord Scriven Portrait Lord Scriven (LD)
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My Lords, despite what the Minister says, this memorandum of understanding has undermined some people’s trust in test and trace. The best way to deal with that is to shed the light of transparency on to what is actually in the MoU. Therefore, will the Government commit to publishing it?

Lord Bethell Portrait Lord Bethell (Con)
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My Lords, I commit to publishing the memorandum of understanding; that is our intention. It has to be cleared of some officials’ names and redacted accordingly, and, when we have gone through that process, we will publish it. I will address the noble Lord’s central point, which is very reasonable, and I am glad he made it because he and the noble Lord, Lord Hunt, are entirely right: there is a balance here between the principle of consent, which is how we went about implementing a great many of our measures, and the principle of effectiveness.

We are quite late now in the stage of the epidemic. I think it reasonable to demonstrate the seriousness of the principle of isolation, to make what isolation means crystal clear—and, therefore, in statute—and for the sanction of the law to apply to those people who do not have a responsible attitude and have behaved irresponsibly. It is not our intention to rack up a large number of prosecutions in this area, as it has not been in other areas. However, it is our intention to be clear and determined and to make this incredibly important part of our breaking the chain of transmission as effective as possible.

Health Protection (Coronavirus, Restrictions) (No. 2) (England) (Amendment) (No. 5) Regulations 2020

Lord Scriven Excerpts
Tuesday 20th October 2020

(4 years, 2 months ago)

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Lord Scriven Portrait Lord Scriven (LD)
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My Lords, the 10 pm curfew is a bit like the captain of the “Titanic” using a hairdryer to try to melt the iceberg he is hurtling towards: the impact is marginal and it will not work. Now that this measure has been set and the law has been passed, what is being used to measure the impact of the 10 pm curfew empirically?

As I said in a previous debate, I believe in looking at real people in real communities up and down the country, so this time I will use the community I live in. It has a population that is about 40% transient professionals, young professionals and students and 60% permanent residents. We have noticed—this is not just students and young professionals, but other people as well—that the 10 pm curfew has had consequences that might be unintended, but I will warn the Government about.

More people are pre-loading—buying and drinking more before they go out to the pub. They are then concertinaing their drinking when they are at the pub because they know that there is the 10 pm curfew. They are then asked to leave at 10 pm, full stop. We have gone from Eat Out to Help Out to “drink up and sod off” at 10 pm. People are going out, playing cricket, watching football penalty shoot-outs, and congregating in great numbers. They are then going home and having parties above the number of six. The hospitality industry is suffering and so is public health, because it is concentrating people in homes and in areas outside at 10 pm.

It is quite clear that this is not working. It is having a detrimental impact on public health. I believe it is also having a detrimental impact on the hospitality industry. That is why I support the amendment to the Motion.

Health Protection (Coronavirus, Local COVID-19 Alert Level) (High) (England) Regulations 2020

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Wednesday 14th October 2020

(4 years, 2 months ago)

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Lord Scriven Portrait Lord Scriven (LD)
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My Lords, it did not have to be like this. When historians look back at this period, they will point to one of the biggest strategic mistakes in getting the balance right between freedoms and keeping the economy going as much as possible: the lack of an effective and localised test, trace and isolate system. As my noble friends Lady Walmsley and Lord Greaves have said, the way to minimise restrictions in these regulations is with microprecision: to take the virus out of circulation by getting directly to individuals, tracing their contacts speedily and then supporting them with appropriate isolation services and an adequate financial safety net. The Government have not done that effectively so far. I know they will come out with reams of figures, but that will not wash any more. Real people’s experiences in communities up and down the land are more of a guide than a set of well-rehearsed statistics.

Talking of real people’s experiences, I bring to the Minister’s attention real issues on people’s minds. I will give real examples using Chesterfield, which is in the medium category, and Sheffield, which is in the high category. These two areas are just down the road from each other, and real people travel between them for work, leisure and shopping, and have families in both areas. Can the Minister answer these questions that people back there are asking—real questions and real people’s concerns?

“I live in Sheffield and am 10 years old. My grandparents live in Chesterfield. Why can I go to my school in Chesterfield, in the same class as my nephew who lives in Chesterfield, but after school cannot see my grandparents inside for a meal, when my nephew can?”

“I live in Chesterfield. Why can I go to a pub in Chesterfield at 6 pm with five of my friends but, when we go to the comedy club performance in Sheffield at 7.30 pm, we are not able to sit together? Why have I become more infectious at the Sheffield border?”

“I live in Sheffield, but work in a small office with four other people in Chesterfield. Why can I sit in an office with them all day but, at the end of the day, cannot go for a drink and sit with them, when they can sit together? This is madness and makes no sense.”

“I own a coffee shop in Sheffield. It is my legal responsibility, with the possibility of a fine if I do not do this, to make sure that linked households sit together. How will I know and manage the situation, if three people living at two addresses in linked households want to sit together? How do I know they are linked households?”

The answers to these questions are important because, for people to trust and carry out what is asked of them, they need to understand why they are being asked to make sacrifices. Regulations made up in offices in Whitehall have serious implications for people and businesses many hundreds of miles away, with consequences that the London-centric lens does not see.

My next point concerns why this is emergency legislation. It was obvious that a new wave was coming and that the country needed a way to deal with it. If this had come through normal primary legislation, the issues people are raising that I mentioned, and the unintended consequences, could have been teased out much earlier. The rules would be much more realistic, and businesses and people would have had time to prepare for what was expected of them. This rush-and-push-it-through type of regulation is not acceptable, so I ask the Minister why this strategic framework for dealing with more localised lockdowns was not brought before this House and Parliament months ago, as it should have been. It is too late to wait until the surge is upon us, as the Government have yet again done in this public health crisis.

As a number of my noble friends, including my noble friend Lord Beith, have said, a gaping hole in these regulations so big it can be seen from outer space determines the criteria used to put an area into and bring it out of the high category. Again, it is vital that this is understood and public, so that people and businesses can plan and prepare. Nottingham has 834 cases per 100,000 people, but Mansfield has 81 per 100,000. Both are in the high category. So can the Minister inform us what criteria are being used to decide which area to put in the high category? The regulations say that the Secretary of State will review every 14 days and decide if the whole area or part of it will be released from the high category. Again, can the Minister tell the House what criteria the Secretary of State will use?

Noble Lords on these Benches are not libertarians. In a public health crisis, we do not believe that people have a free right to act in a way that has the potential to harm others. We believe that, in such circumstances, evidence-based and proportionate rules are required, but they need to be introduced with public understanding, genuine local involvement and in a way that allows normal democratic scrutiny and accountability to be exercised. We feel that these regulations should not have been introduced as emergency legislation, but as normal primary legislation. The Government are now solely culpable for the unintended consequences, both to businesses and people, because they refused to work in genuine partnership to make support packages and laws effective.

If we, as a country, are to get through this public health crisis with the least amount of restrictions to freedoms and long-term damage to businesses and the economy, the Government need to stop playing catch-up with emergency legislation, take stock, follow the science and put in a temporary circuit break, while using all at their disposal to implement a locally based test, trace and isolate system. That is the way to minimise harms, both to people and businesses.

Covid-19: NHS Application

Lord Scriven Excerpts
Thursday 1st October 2020

(4 years, 2 months ago)

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Lord Bethell Portrait Lord Bethell (Con)
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My Lords, I entirely agree with the noble Lord’s observation. These are parallel developments and we are indeed working on them. It is important that the app captures all testing information. We are working extremely hard to ensure that all tests, wherever they come from, whether pillar 1 or pillar 2, are captured in the app. We are also doing an enormous amount to ensure that there are supporting measures for those who work in social care and teaching, so that they have the security of knowing that their workplaces are protected.

Lord Scriven Portrait Lord Scriven (LD)
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My Lords, I wish the Minister a happy birthday. So far, £35 million has been spent on the development and testing of the app, which is approximately £15 million more than any other western European country has spent on such app development. Other than the QR code, what functionality has that £15 million been spent on, which is not available in the app of any other western European country?

Lord Bethell Portrait Lord Bethell (Con)
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My Lords, the secret sauce of the app is the algorithm at its heart, which takes data from Apple and Google phones and the Bluetooth component, and applies a risk-scoring analysis that judges proximity, velocity and context to give a true assessment of risk. That is how we seek to avoid false positives and false negatives. We have invested in the algorithm in conjunction with Apple and Google and it is an incredibly important piece of added value. Without that algorithm, the app would not work properly.

Covid-19: Tracking

Lord Scriven Excerpts
Wednesday 30th September 2020

(4 years, 2 months ago)

Lords Chamber
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Asked by
Lord Scriven Portrait Lord Scriven
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To ask Her Majesty’s Government what assessment they have made of the use of Exposure Notifications Express in mobile telephone operating systems for the tracking of COVID-19.

Lord Bethell Portrait The Parliamentary Under-Secretary of State, Department of Health and Social Care (Lord Bethell) (Con)
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My Lords, engineers at the Department for Health and Social Care are undertaking an initial assessment of the Exposure Notifications Express capability in consultation with Apple. At this stage, the assessment is paper-based, as software is not available outside the United States. We anticipate ENS becoming available in European countries in one or two months. We continue to assess this capability as information becomes available.

Lord Scriven Portrait Lord Scriven (LD)
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My Lords, it is welcome that the Government have finally decided to move to a decentralised system. Apart from the number of downloads, what success criteria that can be attributable to the Covid-19 app have the Government set, how will these be measured and where will the public be able to see progress against those criteria?

Lord Bethell Portrait Lord Bethell (Con)
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My Lords, the ultimate aim of the app is to break the chain of transmission. That is done through a number of ways. One is to provide a proximity alert for those who spend time with people who have tested positive. It also has a check-in capability to help our track and trace efforts, and we are building more applications on it all the time. One encouraging statistic is that until 10 o’clock yesterday, there were 6.5 million check-ins through the app. This is an astonishing number and it shows that those who are socialising are using the app.

Coronavirus Act 2020: Temporary Provisions

Lord Scriven Excerpts
Monday 28th September 2020

(4 years, 2 months ago)

Lords Chamber
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Lord Scriven Portrait Lord Scriven (LD)
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My Lords, it is always a great pleasure to follow the noble Lord, Lord Foulkes, because no matter how controversial I think I am going to be, I realise I am not going to be as controversial as him. I congratulate the noble Baroness, Lady Clark of Kilwinning, on her warm, engaging speech, which showed her love of the part of Scotland that she represented. Reading some of her biography online, I see that socialist blood runs through the family line for a long time, as well as football, in terms of great relatives. I am sure that she will make a great contribution to this House, controversial or not. I, as well these Benches, look forward to working with her on human rights issues, which I know are very important to her.

Back in March, on Second Reading of the then Coronavirus Bill, I said:

“Our role is also to make sure that the powers that the Government and individual Ministers wish to take are reasonable and proportionate to the public health crisis that we face.”—[Official Report, 24/3/20; col. 1667.]


Those words are just as valid today as they were six months ago. We now have the last six months to reflect on to decide if indeed this Act is “reasonable and proportionate”. It is not just the words of the Act that need to be reasonable and proportionate; that also needs to be the attitude of the Government and Ministers. In the last six months, far too many times, the Government have acted as a parent and treated citizens as naughty children. It is much more complex, and there is much more nuance, when dealing with something as profound as the effect that this virus has had on society as a whole. Therefore, one type of Bill may have been fine at the start of the emergency, but— particularly if we are to have to live with this virus for many years to come, since there is no guarantee of a vaccine at the moment—we need an Act which lies within the normal realms of parliamentary scrutiny and the democracy in which we live, and which relies less on the ministerial pen and a diktat at 10 o’clock at night. It is clear we need to just stop and refresh where we are.

The Act is written, in its present form, too widely on some issues which are important; many noble Lords have talked about bringing people back into the NHS, the streamlining of registration of deaths and births and other issues which are positive. For example, Section 1 is drawn far too widely where it talks about people being able to apprehend and detain “potentially infectious persons”. Well, everyone is “potentially infectious”, so everyone could be held. It is too broad, and that is why we should not just nod through this Act.

There are provisions in this Act which are good, but others have significant implications for the freedoms and liberties of citizens living here. It is time to reflect and work out a better way of providing a Bill which gives Ministers the speed they require—because sometimes Ministers will need speed—in a way that is subject to parliamentary scrutiny and the normal democratic process we expect in a democratic society.

I understand that the Minister’s role is difficult, but I say to him that reflection, rather than accepting that we have the balance right, would show a Government who are listening, watching and acting on public concern.