(5 years, 2 months ago)
Commons ChamberIt is really clear that we are removing restrictions. I am delighted that we are able to remove restrictions, such as the absolute restrictions on close physical contact, and rely more on people’s personal responsibility. In order to do that, we are providing the best possible advice that we can, such as to hug, but cautiously. Everybody knows what that means: it means outside is better than inside, it means making sure it is in ventilated spaces and it means that those who have had the vaccine, and in particular two vaccines, are safer than those who have not.
It is incumbent on us all to communicate these messages from our scientists and to make sure that people understand them. I am pretty sure that the British public get that. Given how brilliantly people have responded to requests during the pandemic, I am highly confident that this approach will be successful and that people will be cautious, but enjoy the new freedoms that we are thankfully able to give.
I listened very carefully to what the Secretary of State said in his statement about people being able to prove that they have had the vaccination through the NHS app. I also listened carefully to what he said about the importance of the Union. Can I just draw to his attention something that I hope he can look at urgently? I have thousands of constituents who live in England, but who are registered with GPs in Wales and who receive their vaccinations in Wales. At the moment, it is not proving possible for them to register with the NHS app that they have had their vaccination. Can I ask him to urgently fix that for my constituents and those across our United Kingdom?
This is another example of where we work better together as one United Kingdom; we are working to solve this problem precisely. Coming from the borders with Wales, I understand this very clearly. Work is under way to ensure that there is interoperability between the data systems in England, Wales, Scotland and Northern Ireland. This situation was not foreseen when health responsibilities were devolved. I have been working with my counterparts in the three devolved nations on fixing it, and we have agreed to fix it. Getting these data to talk to each other is technically complicated, but that work is under way.
(5 years, 3 months ago)
Commons ChamberI beg to move,
That the Health Protection (Coronavirus, International Travel) (England) (Amendment) (No. 7) Regulations 2021 (S.I., 2021, No. 150), dated 12 February 2021, a copy of which was laid before this House on 12 February 2021, be revoked.
The House meets as the UK reaches a critical moment in our battle against the coronavirus. In the past year, the British people have shown remarkable fortitude in the face of this deadly threat and made extraordinary sacrifices to protect our NHS and save lives. The roll-out of the vaccine is now giving real hope to people that there is light at the end of this long tunnel. For that, we give thanks to the scientific excellence that enabled the vaccine to be developed so quickly, while we are indebted to the remarkable work of our NHS, military, local government, volunteers and all those frontline workers who have worked tirelessly on the roll-out. But amid this sense of optimism we know that very real dangers remain from this deadly and unpredictable virus, and one of the key threats is the importation of new strains that could threaten the efficacy of those vaccines. As restrictions loosen and people start to interact more, the opportunity for variants to spread becomes far greater. That is why protecting our borders against emerging strains of covid is such a vital challenge, and I am afraid it is a challenge that the Government are failing miserably.
That is why today we are taking this unusual step of debating Government measures that have been in place for months. I make it clear that it is not our intention to divide the House or to vote these measures down, because having them in place is better than nothing at all, but the verdict on the Government’s approach to quarantine is damning. They have failed to heed warnings that their inadequate system leaves the door open to new variants of covid, and the consequences are deeply worrying. Sadly, this is in keeping with the Government’s approach to protecting our borders against covid from the very start of the pandemic, with no formal quarantine until June of last year, no testing at the border until this year, and no hotel quarantining until 15 February—and then only a half-baked system. For months, Labour Members have been calling for a comprehensive hotel quarantine system to guard against variants reaching these shores and undermining the huge collective effort to defeat this virus.
As islands, we should have a natural advantage in guarding against bringing the virus into the country. Yet in the early days we allowed millions of travellers to enter the country—23 million between 1 January and 31 March last year—while cases of covid were rocketing across Europe. Millions of people coming into the UK with no tests and no formal quarantine requirements will remain a terrible case study for this Government’s approach of doing too little too late, lurching from one crisis to another, devoid of strategy. It is not as if Ministers were not told: constituents were travelling to our ports and airports, raising the lack of checks and tests from the start.
Of course I accept that dealing with a pandemic is hugely challenging, but the inability to protect our borders is a systemic failing. That failure to plan has made the current quarantine system ineffective and frankly dangerous. By extending the red list to only 40 countries, the Government are leaving the door wide open for new variants to enter the UK. On 1 February we gave MPs the opportunity to vote for a comprehensive hotel quarantine system and a sector support deal for the aviation sector, which Labour has been calling on the Government to introduce for months. The Government again refused to do what was necessary to protect our borders against covid.
There are a number of key reasons why a limited list is an ineffective strategy. Labour Members have set out those reasons, and sadly the warnings have come to pass. First, the hard truth is that we have no certainty about where the next dangerous covid strain will emerge. The thoughts of the whole House will, I am sure, be with the people of India, given the heart-breaking scenes we have seen. Countries not on the red list could have new variants in circulation that are spread by travellers to the UK before they are recognised and acted on. That is exactly what happened with the variant from India, which was classed as a variant under investigation in the UK only last week. Warning No.1 was ignored, and it came to pass.
I am listening carefully to the right hon. Gentleman. How long does he propose that his regime would be in place? By worrying about potential variants coming from overseas, he seems effectively to be arguing for a system that will be in place forever, or at least until every other country is vaccinated. What is his position?
No, I am not suggesting for a moment that such a system should be in place forever, and clearly there has to be scientific evidence about that. However, we certainly need to be at a more advanced stage of our own roll-out before we give such consideration, as the right hon. Gentleman suggests. The comprehensive hotel quarantine system should already have been in place.
The second weakness in the current position is that there are countries with significant outbreaks of the South African and Brazilian variants that are not even on the red list. We understand that the recent South African strain discovered in south London came to the UK via a traveller from an African country not on the red list. Warning No. 2 was ignored, and it came to pass. We know that people travelling to the UK on connecting journeys from red list countries have been mixing with people from non-red list countries on planes and in airports, creating dangerous opportunities for cross-infection. We have seen that in scenes from airports in recent months. Warning No. 3 was ignored, and it came to pass.
The Government try to say that their quarantine measures are tough, but the reality suggests otherwise. It is not just the Opposition giving these warnings. Minutes from the Scientific Advisory Group for Emergencies on 21 January show that Ministers were told
“that reactive, geographically targeted travel bans cannot be relied upon to stop importation of new variants…due to the time lag between the emergence and identification of variants of concern, and the potential for indirect travel via a third country.”
When the director general of Border Force gave evidence to the Home Affairs Committee, he set out a damning statistic that of the 15,000 people entering the country each day, only around 1% were entering hotel quarantine. That leaves 99% of visitors entering the country with virtually no controls. It is no use the Government saying that other quarantine measures in place are working, because their own figures show that just three in every 100 people quarantining have been successfully contacted. It is a record of negligence that leaves the doors open.
We know things are in a dire state when a video exists of the Home Secretary speaking against her own quarantine policy, and even the implementation of the half-baked measures we have now has been beset by mismanagement. It took 18 days after the announcement on 27 January for hotel quarantine to begin—more time lost. Even now, I hear reports from colleagues about mismanagement of the system—people unable to book in, poor service, lack of support for disabled people, and exceptions not working as they should for people in difficult circumstances. Then there is the Government’s glacial pace of adding countries to the red list.
I do not intend to detain the House for too long, but I have some questions, and I will explain to the Minister why I am raising them now. I think that they are in order. If I understand this correctly, the Government have indicated that, as of 17 May, more international travel may well be possible, subject to a review, and they have indicated that they will give people a week’s notice of those changes. Mr Deputy Speaker, you will have spotted that the date for that announcement to take place is when we are expecting the House to be prorogued before the state opening of Parliament, so this is probably the last opportunity—depending on whether we have Transport questions on Thursday—for Members to ask Ministers questions about the international travel regime before it might change. I happen to think it is important that those questions are asked in the House, rather than simply being left to be asked at a press conference.
Before I set out those questions, however, let me just follow up my question to the right hon. Member for Torfaen (Nick Thomas-Symonds), who opened the debate for the Labour party. He answered one of my questions, when I could not quite work out why Labour had tabled a motion to revoke these regulations. He confirmed that Labour does not intend to press that to a vote, which makes sense, but he did not really deal with the other question I asked or with the companion question that my hon. Friend the Member for Winchester (Steve Brine) asked. I pressed the right hon. Gentleman on how long he felt a tougher regime should be in place, and in answer to me he indicated that it should be dependent on our vaccination roll-out, whereas in answer to my hon. Friend, he seemed to suggest that it would depend on what was going on around the world.
The reason that I am labouring this point—I am going to press the Minister on it as well—relates to what the regime is trying to deliver. If this is about worrying about what is going on in the rest of the world—given that it is entirely possible, even with a fair wind, that we will not have vaccinated the adult population around the world until the end of next year, 2022—this whole travel regime could be in place for the rest of this year and the whole of next year, which has very significant implications. If, however, the regime is to stay in place until we have vaccinated every adult in this country, that would have very different implications, as my hon. Friend the Member for Winchester pointed out, as we will have offered every adult a vaccination by July.
My question to the Minister is: will she set out for the House what the Government’s current thinking is? She has indicated that the regime should stay in place for little while, but I note that the explanatory memorandum to these regulations reminds us that the overall international travel regulations will cease to have effect on 8 June this year. That is not far into the future, so the Government will have to make a decision about whether to allow those regulations to lapse on 8 June, effectively resulting in no controls on international travel or, whether—as I suspect is more likely—to bring in further regulations, in which case they will need to be clear about how long they wish those regulations to remain in place.
The exchange between myself, my hon. Friend the Member for Winchester and the right hon. Member for Torfaen illustrated this question. Is this about how well we have rolled out vaccinations in the UK and therefore protected our population from covid? The Minister will know that we already have in place very good genomic sequencing, and as I understand it, all the manufacturers and developers are ready to tweak the vaccines they have already developed, if the genomic sequencing indicates any need to do so. At the moment, although these variants are called variants of concern, none of them evades the vaccine. My understanding is that the vaccines are effective against all of them, certainly in terms of preventing serious disease, hospitalisation and death. There is, I understand, a question mark about the extent to which the vaccines protect against the South African variant as far as mild disease is concerned, but if it enables mild disease to take hold then I am not sure that is something about which we need to be enormously concerned.
I press that point because if the Government are going to take the view that they are so worried about a potential variant that does not yet exist developing somewhere in the world and undermining the efficacy of our vaccine position, then it seems to me that that means we will have to keep the regulations in place at least until the whole of the world is vaccinated and the virus is driven down to a very low level globally. That may not be until the end of next year, on a best-case scenario. That has really quite dramatic consequences for the airline industry, the travel industry and the 3 million people who work in it, and the freedoms of our population, so if the Minister could say a little bit about that, that would be helpful.
Perhaps it would be helpful if the Government were to say what level of reduced efficacy they would consider to be a cause for concern. Any flu vaccine that I ever purchased when I was doing the Minister’s job had about 60% efficacy. The three vaccines being used at the moment are way ahead of that, so even a reduction in efficacy of 10% would still significantly outpace the flu vaccine we currently roll out. Would it be helpful if the Government said at which level it would drop to where the indicators would flash red?
That is a very good question. More widely, it would be helpful if the Government and their scientific advisers had a slightly better conversation with the public about variants and the impact they may have on vaccine efficacy, rather than this constant—I accept this is not always how they intend it, but it is the way it gets reported—conversation about scary variants or mutants.
Actually, at the moment—I am sure the Minister will correct me if I am wrong—all the variants we are aware of are dealt with by the existing vaccine portfolio to a greater or lesser degree. What we are concerned about is what may come along in the future, but we have a very good system in this country at least. My understanding is that none of the vaccine manufacturers yet feel they have to change the design of their vaccines to deal with any variant we are currently aware of anywhere in the world.
One further point I want to make is that how we name variants—the Kent variant, the South African variant, the Indian variant—is not actually terribly helpful. It gives the impression to the public that the variants only come from specific geographic parts of the world and if only we put in a sufficiently robust border arrangement, we could keep them out. The reality, of course, is that those variants could occur anywhere in the world, including here in the United Kingdom. I think I am right in saying that the best advice that exists is that even an incredibly tough border regime can, at best, only slow the transmission of viruses, rather than keep them out forever. At some point we will have to decide when we will allow travel to get back to normal, which is why I asked whether that would be about how the world is vaccinated or how the United Kingdom is vaccinated. I do not think that question has been sufficiently answered.
Specifically on the regulations, there is reference to the ports by which people are allowed to enter the United Kingdom. I want to ask one or two questions about ports of entry. The Minister answered some of this, in response to the concerns raised by the shadow Home Secretary, when talking about the efforts that Heathrow in particular has put in place to try to keep people separate. However, it is the case, having looked at pictures, and listened to the challenges faced by airport operators and the first-hand testimony of people travelling, that people from different countries, including red list countries and non-red list countries, are kept in airports for significant periods of time in a way that is not particularly well socially distanced. That is clearly a risk, if we then insist that they will have to spend time in quarantine, when they have just spent a considerable period of time next to people from completely different countries.
I mention that because I wonder what plans the Government have in place, as they think about increasing the volume of international travel, to automate the process. The Minister will be aware—I am, as a former Immigration Minister—that one of the ways in which we deal with the volumes going through airports is to have e-gates to automate the process of checking people’s travel documents. In order to deal with a significant increase in volume, the testing information on the passenger locator form will, I think, have to be put into some digital form, if airports are to have any hope of dealing with the volume of passengers. Given a significant increase in passenger volumes, even with an increase in the number of Border Force staff, in no way will airports be able to cope with checking all that information and dealing with the volume of flights without becoming absolutely overwhelmed. If the Government might change the position in just a couple of weeks’ time, will the Minister say how far forward those plans are?
My final point—you will be pleased to know, Mr Deputy Speaker—is about vaccine passports. I am not at all persuaded of domestic vaccine passports. They run a great risk of creating a two-tier society. Also, once we have vaccinated the adult population, in particular with the take-up rate among the groups so far of more than 95%, I am not at all sure what a domestic vaccine passport gets us once we have reached that level of vaccination coverage.
It seems to me that vaccine passports would be a big mistake. As the Paymaster General, who responded to the debate last Thursday, said to me, domestic vaccine passports and international ones are quite separate and should be treated separately, and it would be a mistake to run them together. I was heartened to hear that, and I hope that is the position the Government will stick to.
Internationally, however, some questions arise from the regime put in place here. I am much more relaxed about international vaccine passports than about domestic ones. We have already have precedents—people have to have yellow fever vaccinations to go to specific countries—and of course if a country requires people to be vaccinated to enter it, it is entirely up to it what rules are set for people who want to visit that country.
My first question for the Minister is because I understand that the World Health Organisation states in its most up-to-date policy paper of 5 February—the latest one on its website—that it does not recommend that countries have proof of covid vaccination to exist before they allow people to travel. The reason it sets that out is that it fears that that would in effect incentivise countries that had already had a good roll-out of vaccine to hog the global supplies for themselves, setting up some unfortunate sets of incentives. That is the organisation’s latest position. Will the Minister say whether the British Government will go along with that position?
I have two questions. First, if the UK Government ease up on the travel rules in May, is their position that they will require foreign nationals to be vaccinated before they come to the United Kingdom, or will the Government stick to the testing regime? Secondly, what steps have the Government put in place, working with the International Air Transport Association and other international bodies, for any kind of international vaccine passport? Perhaps the Minister will update the House on the Government’s plans.
I raise that because, if the Government announce a change to the international position in the next couple of weeks, knowing what plans are under way—and, I hope, this House being asked for its authorisation to implement such measures—would be very welcome. With those few questions, I conclude my remarks.
There were a considerable number of questions from my right hon. Friend the Member for Forest of Dean (Mr Harper). I will try to cover those that I heard, but he will forgive me if I write to him on the matters for which I do not have the immediate answers. Let me say as a slight cover-all that many of the things to which he alluded will be brought forward by the global travel taskforce when it starts to lay out the approach to restarting international travel safely, aligned with the domestic road map. I appreciate that he said he felt that this was his last chance to raise this issue while the House was sitting, because, given the dates, it is highly likely that that will happen while we are prorogued or shortly after. However, this is live and dynamic at the moment, and I can give him few answers on the specific questions he raised on the global taskforce and what it will say in three weeks’ time about future travel arrangements. Although I apologise for that, there is really nothing I can say to pre-empt that set of instructions as to how and when we are going to lift restrictions, and the use of a traffic light system, where countries will be categorised as red, amber or green, and how we deal with people in that space.
Let us assume, based on the timings that have been announced, that the results of the global travel taskforce are going to be announced when the House is not sitting. May I get an assurance from the Minister, then, that on the first day after the state opening of Parliament that it is permitted to have a statement there will be a statement at that Dispatch Box by a Minister, so that we are able to ask questions about the results of the global travel taskforce? Will she assure me that that will take place at the earliest possible opportunity?
I thank my right hon. Friend for that. I assure him that I will take that request back. As he knows, I cannot commit to that at the Dispatch Box.
My right hon. Friend asked which ports of entry people can fly into, why we have chosen those ports, whether we are extending them and what happens if someone from a red list country is booking in to arrive at a non-designated port. If someone has a pre-existing booking to a non-designated port, it is the individual’s responsibility to change it to a designated port. Carriers are not permitted to carry anyone who has been in a red list country in the previous 10 days to any port of entry other than those that are specified. Currently, those designated ports are clearly Heathrow, Gatwick, London City, Birmingham and Farnborough.
I ask the hon. Member for Kingston upon Hull West and Hessle (Emma Hardy) to write to me, but I gently say to her and to the hon. Member for York Central (Rachael Maskell)—I cannot discuss the specifics of the case of her constituent, for whom I have the greatest sympathy—that the challenge here is that their Front-Bench team are asking for stricter restrictions the whole time, across the piece. If all we then do is build more and more exemptions into the system, we will have a looser system than the one we are endeavouring to make sure is proportionate, delivers in a way that manages the arrivals from red zone countries, and has a degree of flexibility to ensure that as the system changes we can build countries back into travel and restrict others where there may be a flare-up.
It is right, as I have explained, that all these measures are kept under constant review. The combination of quarantine requirements for all international arrivals means that those arriving from countries presenting with the highest risk are asked to use the Government-approved hotel quarantine facilities. There is a robust testing regime prior to departure and then again on arrival. Enforcement is put in place if required. As we still have more to learn about the virus and, as my right hon. Friend said, more understanding to acquire, we must make sure that our approach is based on the best evidence, and that it is proportionate. That is the responsible approach to take to safeguard progress in defeating the virus and to make sure that we can all get back to some degree of normality.
Before my hon. Friend sits down, may I press her on one further point? I accept that she cannot set out answers to my detailed questions until the global travel taskforce has presented its outcome and Ministers have made their decisions. The central question I did ask though requires a fairly wide policy decision. It may be that that will be decided by the global travel taskforce as well. Fundamentally, is our travel regime and how much protection we are going to have based on the extent to which we have vaccinated the British public, which is obviously proceeding at pace and suggests that we would be able to relax these measures sometime during the summer, or will it be based on the extent of the virus globally, which suggests, listening to some of the best voices on this, that we will be looking more towards the end of next year. That does not seem to me to depend on what the global travel taskforce is deciding. It possibly does, but perhaps she could furnish the House with an idea.
I do hate to disappoint my right hon. Friend, but I will have to do so once again. The answer to that question will appear with the global taskforce as we move into the coming months. In addition to that, there is a package that is linked to the work of the Chancellor of the Duchy of Lancaster on passport certification. We want to have a coherent integrated system that provides a proportionate response as we move forward.
(5 years, 3 months ago)
Commons ChamberWe keep all these decisions for each country under constant review. The challenge of the genomic data is that some countries have excellent coverage of genomic sequencing and others do not. Actually, that is not particularly correlated with their income. For instance, South Africa, a middle-income country, has excellent genomic sequencing. We take the decisions very rapidly when we need to. We keep all this under constant review and I am glad that she welcomes the decision to put India on the red list today.
May I add my congratulations to all those who have been involved in the fantastic vaccine roll-out that the Secretary of State set out in his statement? It is obviously breaking the link between cases, hospitalisations and deaths, as we are seeing dramatically from the figures. Many members of the public and businesses, having looked at the road map, which he also mentioned, will have seen that as of 21 June, the Government and the public are expecting the country to be broadly back to normal, but, of course, there is the small print about the reviews on social distancing. Will he confirm to the House and the public that as of 21 June, he expects us to be broadly back to normal, without social distancing? If that is not the case, will he set out what the evidence base will be for that decision?
Any decisions like that would be based on the evidence, and we have far more evidence now than we did when making these decisions previously. I fully expect that there will be some areas of life, without the need for laws in this place, where people will behave more cautiously than previously. The wearing of masks is one—before this pandemic, wearing a mask in public in this country was extremely unusual. I imagine that some people will wear masks, and choose to wear masks, for some time to come. Our goal is to manage this virus and the pandemic that it has caused more like flu—in fact, like flu. Flu comes through each year. We do take action to deal with flu—we take action on nosocomial infection in hospitals and through the flu vaccine programme—but we do not stop normal life as we know it. That is the overall attitude and approach. My right hon. Friend mentions that four reviews were set out as part of the road map and they will, of course, have to conclude. But that is my hope because, as he knows, I very firmly believe that this vaccine is breaking that link. We can see it in the data every single day and in the way that the country is responding. It is uplifting.
(5 years, 4 months ago)
Commons ChamberOver the past year, we have all been engaged in a monumental national effort to fight coronavirus, which has required the House to take extraordinary measures in response to this extraordinary threat. Today, we debate our road map to recovery and what is legally needed to take the cautious but irreversible path out of this pandemic. We propose to remove some of the emergency powers that the House put in place a year ago and set the steps of the road map that my right hon. Friend the Prime Minister has set out into law, replacing the existing national lockdown. We are able to take this action and propose these measures thanks to the perseverance of the British people in following the rules and the success story that is our UK vaccination programme, which has now vaccinated more than 28.6 million people—55% of all adults in the United Kingdom.
Hospitalisations are now at their lowest point since September and are down 90% since the peak. To put this into context, there are today just over 5,000 people in hospital with covid. At the peak, just two months ago, there were just under 5,000 new admissions with covid each day. Deaths are now at their lowest point since October and they are down 94% since the peak. The research published today shows that our vaccination programme has already saved the lives of more than 6,000 people across the UK, up to the end of February.
The success of the vaccination programme means that we are now able to carefully replace the short-term protection of the restrictions that we have all endured, with the long-term protection provided by the vaccine. Our goal is to be cautious yet irreversible. I must tell the House, Madam Deputy Speaker, that while I am still, by nature, an optimist, there remain causes for caution. Cases are rising in some areas and they are rising among those under 18. There are early signs of cases flattening among the working-age population, too.
I am delighted that uptake of the vaccine is now 95% among over-60s and that protection against dying from the vaccine is around 85%. Both of those figures, 95% uptake and 85% protection, are higher than we could have hoped for, but while we are confident that we have broken the link between the number of cases and the hospitalisations and deaths that previously inevitably followed, no vaccine is perfect and take-up is not 100%, so that link, while broken, is not yet severed.
New variants also remain a risk because we do not yet know with confidence the impact of the vaccine against the new variants. We all want these next few months to be a one-way route to freedom, so as we restore the freedoms that we all cherish, we must do so in a way that does not put our NHS at risk.
On that point about the take-up and the efficacy, one thing that the chief medical officer said was that the timings in the road map were driven by some of the modelling that the Government had seen. The assumptions behind that modelling I think came from February and are much more pessimistic than what we now know about take-up and efficacy. Can the Secretary of State ensure that that modelling is redone with the new assumptions to see whether that would justify a faster unlocking of the country, which is important to save jobs, save businesses and maximise the economic future of our young people?
While modelling is obviously something that is looked at, the observation of the actual data is I think the best guide. The good news is that the number of deaths has fallen very sharply and continues to fall sharply, and the number of hospitalisations has fallen sharply—not quite as sharply as deaths, but nevertheless sharply. Critically, the link has broken, so the weight that we place on the number of cases as an indicator is not nearly as great as it was before, because it used to be inevitable that that led to hospitalisations and deaths.
The reason for the timings in the road map is so that, after each step, we can see its impact before being able, carefully, to take the next step. That is the core reason for the timings in the road map—four weeks to see the impact of a step, and then one week to give warning of the next step. It is that, rather than the modelling, that I put the stress on for the timings in the road map.
To come back very briefly on that final point, if deaths and hospitalisations are what is important, is the Secretary of State able to confirm the information that was published in The Times this morning on the modelling by SPI-M—the Scientific Pandemic Influenza Group on Modelling, the Government’s advisory committee —showing a dramatic reduction in hospitalisations and deaths taking place over the next week and throughout April? That really drives my assumption that we could go a bit faster. Is he able to confirm that for the House?
I have not seen that article in The Times—I have read parts of The Times, but not that bit—so I cannot confirm, but I can write to my right hon. Friend with details on this point. However, I would stress that the focus only on modelling is not really where the ultimate judgment on the timings of the road map is; it is about being able to observe progress and then take the next step with confidence. The central point here is that cases may well rise. In fact, I would say cases are likely to rise, not least with schools going back. The critical thing is that the automaticity—cases going up having an impact on hospitalisations—is no longer there. However, if cases got extremely high, even with a much weaker link from cases to hospitalisations, that is something we clearly have to guard against and it is set out in test 3 of the Prime Minister’s four tests.
Yes, that is an important point. We have just started the process of working on that. If measures have worked well and we want to keep them because they are good, can we put them permanently on the statute book? That should, properly, take the process of normal primary legislation. My hon. Friend mentions a forthcoming health and care Bill. I look to the Leader of the House and I can see that he is smiling, although I cannot, of course, say whether that Bill will be brought forward until we have a proper sign-off—it is nice to see him looking so handsome there. [Laughter.]Our aim would be to get that on to the statute book, should we bring it forward, in the middle of next year, so there is a shorter-term question of the handling from here to there. We need to do that with the best administrative efficiency that we can, but I am talking here about the less controversial elements of the Act.
I am grateful for the Secretary of State’s judgment and I will try not to test his patience again. He mentioned that there are some very valuable administrative measures. If they were the only things being rolled forward, I do not think people would mind, although my reading of the Act is that the registration provisions for medical staff are in section 89, in the permanent part of the Act rather than the temporary part. The controversial parts include the police powers to detain potentially infectious persons, which the hon. Member for Twickenham (Munira Wilson) referred to, and which have been used unlawfully on a number of occasions. It says in the one-year review of the Act that those are intended to be long-term powers and my right hon. Friend has just suggested that those provisions might be rolled forward a further six months. That is why so many of us are worried. These are extraordinary provisions, not for normal times, and they should be expired at the earliest possible opportunity.
I actually agree with my right hon. Friend that they should be expired at the earliest possible opportunity. The challenge, especially as we lift measures on all of us, is if there are, for instance, new variants that we need to pin down absolutely—in the same way that a new variant came about in Liverpool and we tackled it. We have not seen any new cases of it, not only because of fantastic local work, but because in lockdown that is easier. Having these very targeted interventions for now is important. Therefore, we have made the judgment that we should propose that they are necessary for now. I know that we disagree on that point, but I suggest that by voting against all these renewals, a whole load of valuable things that he and I would agree on would not be renewed, were that vote to go through.
I suppose I have an opportunity to reply to my right hon. Friend the Member for New Forest West (Sir Desmond Swayne), who has just spoken. I have a rather different take.
Many people seem to be seized of the idea that the vaccination programme has already freed us and that we are entitled to take back freedoms now. I want to challenge that. The threat of a third wave exists—in fact, there will be a third wave; it is just a question of how large it is going to be. The only thing that will constrain it is the proportion of the population who are resistant.
There is 85% take-up in half the population at the moment and the vaccines are on average 85% effective: that means that only 72% of half the population has immunity. The Secretary of State referred to Public Health England advice—based on very fresh data, I hasten to add—that bears out the most recent Imperial College modelling, which shows that even if all the restrictions are not lifted until July there is still a danger of a third wave. If the restrictions were lifted at the end of April, say, there would be a dramatic rise in the number of hospitalisations.
I read with great care my hon. Friend’s article on ConservativeHome this morning. He refers to the modelling that Imperial and Warwick did. I went through that in some detail, but the problem is that the assumptions they made—I went through every single one—are all overly pessimistic compared with the actuality. That is why I asked the Secretary of State to redo that modelling, because if he did so, I think he would come to a much more optimistic conclusion than my hon. Friend has reached.
I am perfectly prepared to accept that it is a worst-case scenario, but we are dealing with projections that are based on a great deal of speculation, and they do not take account of the possibility of new variants. I rather share the concern expressed by some Members in the debate that we need restrictions on people coming into this country, particularly from the continent, and that there should be more testing of people coming here. I am sure that the Government will want to implement those measures if they can. It is rather easier to call for them to implement them than to do so without causing a great deal of disruption.
I want to briefly touch on the continuation of our vaccination programme. One of the risks that we need to factor in is that the rate of vaccination will slow, and particularly the rate of first doses, because the vaccination programme now has to cope with the large quantity of second doses. The restrictions on vaccine supply mean that the number of first doses will perhaps reduce to as little as 50,000 a week in April. That does not rule out that we should adopt a generous attitude towards our European friends, however much they may be casting around for blame and trying to salvage their reputation from the failure of their own vaccination programmes. We can draw comfort from the fact that they are resorting to possible bans and blockades because they have no contractual obligations to enforce upon AstraZeneca—it is a misunderstanding of the difference between contracts that give rights over stock that exists and contracts that give rights over the flow of production, which is creating stock that does not yet exist.
The fact is that we are at the front of the queue, but I think that the United Kingdom should seek to be generous and to avoid this vaccine nationalism, even if it means giving up some of the flow of our vaccine, although it is understood that there are actually some large quantities of vaccine in the European Union that are not being used. The fact that they have trashed the reputation of the AstraZeneca vaccine is most unfortunate, and while understandable in psychological terms, it is unforgivable in public health terms.
Finally, on the issue of lifting covid restrictions in Parliament, I congratulate my hon. Friend the Member for Hazel Grove (Mr Wragg), the Chair of the Public Administration and Constitutional Affairs Committee, who cobbled together a majority in the Procedure Committee to get what he wanted in the Committee’s report. But I suggest that, in the end, it is a matter for the whole House what the House’s procedures are. There are things to learn, as the Prime Minister said yesterday, that will make the House more equal, fairer to people who are sick and fairer to people who have caring responsibilities and perhaps take the pressure off the shortage of time we have because we do not want too many late nights. Some of our debates have got too short, and speeches have got too short, and if those who had to be away could have proxy votes, we could have longer debates, better debates and better scrutiny of legislation, as well as a House that is more attractive for women to stay in and take part in.
Let me deal with the two fundamental choices that we face today. The first is on the Government’s regulations implementing the road map that the Prime Minister set out. I am not going to vote against those. I am not going to support them, but I am not going to vote against them; it would be churlish. They are a road map to freedom, and my only quarrel is with the pace, not with the direction of travel.
I go back to what the Secretary of State said. He was very clear that the Government will not be looking at modelling; they are looking at real data. If we look at hospitalisation data, the dramatic reduction in the number of deaths and the fantastic pace of the vaccination roll-out—we have seen data today showing how fantastic the take-up of vaccination has been—it is clear that we are going to be able to save lives and protect the NHS not by staying at home but by the vaccination doing the heavy lifting.
I want to pick up a point that my hon. Friend the Member for Harwich and North Essex (Sir Bernard Jenkin) made about the quantity of the population that has been protected. It is absolutely true that we will not have vaccinated everyone by the end of April, but importantly, we will of course have vaccinated groups 1 to 9, which account for 99% of the deaths to date and over 80% of the hospitalisations. While we will not have stopped everyone getting covid, we will have dealt with the problem of significant numbers of people becoming seriously ill, going into hospital and potentially overwhelming the NHS, and large numbers of people dying. That is why I maintain—and, increasingly, the data will bear this out—that we could safely reopen society more quickly than the 21 June deadline. The reason why that is important is that there is another side to this situation: in that time, jobs will be lost, businesses will fail and some people will find the personal burden incredibly difficult to bear. We do not need to go through that for another two months if we are able to reopen safely earlier.
On the Coronavirus Act and the renewal of the temporary measures, I am very pleased that the Secretary of State confirmed at the Dispatch Box that what we have been hearing about the furlough scheme being brought to an end if we voted against the temporary provisions is nonsense. I said that at the weekend and I am glad that the Secretary State has now confirmed it at the Dispatch Box. I accept that there is a choice, but the problem is that some measures the Government want to take forward are very sensible, and I support them, while many others are egregious and absolutely not supported. Given that we have an up or down vote and no ability to amend, we have to balance these things. I will vote against the renewal of the temporary provisions, because the measures that the Government want to take forward are sufficiently bad and unwarranted that they do not deserve to continue. If the Government were to lose that vote—they are not going to lose it—they could, given their majority, easily implement the more sensible measures that are necessary in an alternative piece of legislation that would no doubt get through this House with cross-party and, I think, almost universal support.
Finally, I wish to reflect on what the Secretary of State said. I raised with him the point that was in the one-year review of the Act, which suggests that the schedule 21 powers—the ones that give the police the power to detain people—are necessary for the long term, and he did not rule out extending those measures for another six months. By the Government’s own admission in their explanatory notes, these measures are extraordinary and would not be acceptable in normal circumstances. Given that the Prime Minister wants us to have removed restrictions by June, it is not acceptable to extend those measures to October and I certainly do not think it necessary to extend them to March. That is why, regretfully, I will be voting against the renewal of the temporary provisions.
(5 years, 5 months ago)
Commons ChamberI do not say this lightly, but I agree with every single word that the right hon. Lady said. I want to pay tribute to her, because I have not had the chance in the House to thank all the black MPs who took part in the incredibly moving video to persuade people, who may have understandable concerns, that taking the jab is the right thing to do. She played a pivotal role in that short video, and it is just one small part of the huge effort we need to make, because the fewer people who do not have the protection, the safer we will all be. I am very grateful for her work and her support, and I hope that we can continue to work together to drive uptake among black communities right across this country.
Policies are often easy to announce and difficult to end. The chief scientific adviser says that covid is with us forever, and it will presumably continue to mutate into new variants forever. I listened carefully to the answer that the Secretary of State gave to my hon. Friend the Member for Bexhill and Battle (Huw Merriman), but I did not hear an answer to this: when is this policy going to end, if ever, because if the virus continues to mutate, surely the risk will be there forever?
The risk of mutations absolutely can and will be managed through the evolution of vaccines, in the way that the annual flu jab changes each year and allows us to protect ourselves. While necessary now, these are not measures that can be in place permanently. We need to replace them over time with a system of safe and free international travel; that is where we need to get to. The first task is to vaccinate the population. If we get good news on the impact of vaccination on hospitalisations and deaths for new mutations, we will be in a better place. If we do not get such good news, we will need to use the updated vaccines to protect against the variants of concern.
The scientists inform and advise me that there are, repeatedly and independently around the world, mutations of the same type in the E484K area of the virus, as mentioned by the hon. Member for Leicester South (Jonathan Ashworth). That gives the scientists a good start in where to target the new updated vaccine—if we have to wait until then—but it may be that we get from the existing vaccines enough efficacy against hospitalisation and death that they work perfectly well to hold this virus down. We just do not know that yet; hence, the precautionary principle applies.
(5 years, 5 months ago)
General CommitteesIt is a great pleasure to serve under your chairmanship, Sir David. I hope that the Committee will approve the regulations, which are in the name of my right hon. Friend the Secretary of State for Health and Social Care. I will briefly explain each statutory instrument.
SI No. 2021/53 amends the Health Protection (Coronavirus, Restrictions) (All Tiers) (England) Regulations 2020 and came into force on 20 January 2021. The need for the changes in it was identified in the ongoing review of regulations. It provides for minor and technical clarifications, including of the fact that competitive sport can continue, that cafés and canteens in all post-16 education and training settings are able to remain open, and that marriages and conversions under the Marriage (Same Sex Couples) Act 2013 are permitted. These changes provide legal certainty that these activities are permitted.
SI No. 2021/97 amends the all tiers regulations and the Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020, and came into force on 29 January 2021. It allows for additional data to be shared between NHS Test and Trace and the police for the purpose of effective enforcement of the self-isolation regulations. The statutory instrument also amends the all tiers regulations to introduce a new, higher fixed penalty notice to persons aged 18 or over participating in a gathering of more than 15 people in a private dwelling, in education accommodation, or at an indoor rave. The first penalty is £800, reduced to £400 with early repayment. Subsequent offences double the size of the fixed penalty, to a maximum of £6,400.
I will now outline in further detail the main changes made by SI No. 2021/97. As I noted, the main amendment it makes to the all tiers regulations is that it provides for FPNs that can be levied against individuals who participate in gatherings of more than 15 people in a range of settings. We have introduced a new fixed penalty notice, because although the majority of people follow covid regulations and guidance, it is important that the police have the right tools to take action against the small number of people who break the rules. We know that the virus is transmitted through close contact; as a result, larger gatherings of people who do not live together pose an increased risk of transmission. The existing regulations already penalise people who organise unlawful gatherings of 30 or more people, but there was no enhanced penalty for those attending, other than the £200 FPN for breaching social contact and gathering rules. This new, larger fixed penalty notice will support wider efforts to improve compliance with the regulations, thereby helping to bring transmission rates down.
I will now focus on changes to the self-isolation regulations, as I am aware that many Members are most interested in this. The self-isolation regulations came into force on 28 September 2020 and make self-isolation a legal requirement for individuals who have been notified by NHS Test and Trace that they have tested positive for covid-19 or are a close contact of such a person, subject to a number of exemptions. Non-adherence to the regulations can result in an FPN ranging from £1,000 to £10,000, and failure to pay the FPN can result in court action and conviction. The SIs being debated today do not change those levels of FPN.
In order for police to issue FPNs, they need sufficient information about the suspected breach, and evidence that the individual is supposed to be self-isolating and has received a notification from NHS Test and Trace to do so. This SI allows for the minimum necessary information to be shared with the police in order for them to enforce self-isolation. Four key changes have been made. The first is the addition of date of birth and email address, which will help strengthen the evidential base by enabling the police to verify the identity of someone who is suspected of a breach. Secondly, information on whether the individual is participating in coronavirus-related research will be used, where available, to determine whether the subject is permitted to leave their place of self-isolation under an exemption in the regulations. Thirdly, the SI permits the sharing of notification information, including the method of notification, the contact details—
On the point of notification information, I understand that now, to improve the contact rates, if Test and Trace notifies someone that they have to self-isolate, and there are other members of the household, that person is asked to notify those members and confirm that they have been notified. For the purposes of the regulations, if someone has notified members of their household, does that count as a notification that makes those members legally have to self-isolate? Is the information that someone has passed on to them communicated to the police in some way, so that they can take action under the regulations?
The only time the police would contact a person would be if a breach had taken place. On the point about the relatives, household members or close contacts of somebody who has been notified by NHS Test and Trace that they are positive, my right hon. Friend asks whether the data of those people who the person has taken on the responsibility to notify will be transferred to the police. I will ensure that I get a swift response to that question.
I would say yes to the second half of my right hon. Friend’s question. Again, I will seek legal clarification on this issue, but if someone has been notified that they have been in close contact with somebody who has tested positive, they have a responsibility to self-isolate. On whether that person’s details are put on the NHS Test and Trace database, and on whether the police can therefore be notified if they breach the social contract that we have with Test and Trace, I will need to find out for my right hon. Friend.
This will be the last question. I am pressing her because it was very clear that the initial self-isolation regulations, which, for the avoidance of doubt, I strongly support, applied only to people whom the Test and Trace service had notified. There was no legal requirement for a person to self-isolate if, for example, the app told them to. That is why I want to be clear. I completely agree that people should self-isolate, but there is a real difference between whether someone should, and whether there is a legal duty on them to do so or face criminal action from the police.
I take my right hon. Friend’s point entirely. It is a legal point, and I will get legal clarification for him swiftly, if not before the end of the debate. I will certainly make sure that question is answered, because there is a legal nuance on where the legal responsibility lies. I welcome his intervention—in fact, interventions from Members on both sides of the House—because they challenge us on how we deal with this new virus, and the world of covid regulations and social distancing. They challenge us all the time to think about these points and to do things better.
Thirdly, the SI permits the sharing of notification information, including the method of notification, the contact details, and a copy of the notification issued to the person informing them of their duty to self-isolate. As my right hon. Friend pointed out, that happens when someone is informed by NHS Test and Trace that they have to self-isolate. That is so that the police can confirm that the individual received a notification to self-isolate and was aware of their legal duty to do so. If required, the police can use that copy to remind the individual, as I have said.
Finally, the SI allows information to be shared on whether the suspected breach is a positive case or a close contact. The police require a distinction to be made between the two types of cases—I think I am answering my right hon. Friend’s question; perhaps I am not—and the relative circumstances may need to be evidenced by the police in criminal proceedings. It is crucial that the police know the precise circumstances and the chain of events that may need to be investigated and evidenced in each individual case.
That data will primarily be shared with the police where there is a reported breach of self-isolation regulations. This is for the purpose of access. The police do not have direct access to the NHS Test and Trace database and its details on all individuals who need to self-isolate, and that will remain the case. Sharing this additional information is both necessary and proportionate, as it gives the police the information that they need to effectively enforce the law. The police have a role in upholding and enforcing the regulations, and we must ensure that they have the tools necessary to carry out their job efficiently and speedily, so that we can deter people from breaching self-isolation at a time when adherence to self-isolation requirements is crucial.
Above all else, the self-isolation regulations are a safety measure designed to drive up compliance among those most at risk of spreading the virus. Any improvement to the way the regulations are upheld will have a positive impact on the public health of the country as a whole by bringing down rates of transmission, protecting the most vulnerable, reducing pressures on healthcare and aiding a return to normality for us all.
Both statutory instruments were introduced using emergency powers, so that we could respond quickly to the threat to public health posed by covid-19. The urgency of SI No. 2021/97 stems from the critical national situation, the need for the police to be able to conduct their duties efficiently in this context, and the crucial impact that it should have on improving compliance with self-isolation and bringing down the R number.
The SIs demonstrate our willingness to take tougher action against the most serious breaches of the rules. They are designed to protect us all. We keep wider regulations under ongoing review and clarify them as appropriate. We also understand that it is crucial to take steps to allow people to return to a more normal way of life. The most effective way of doing that is by reducing transmission of the virus while we continue to deliver our vaccination programme. The SIs set out to achieve that, and should therefore remain in force. We are committed to ensuring that the measures are in place only for as long as is necessary. I commend the regulations to the Committee.
It is a pleasure to serve under your chairmanship, Sir David. No room is gloomy when you are in it.
I thank the Minister for her introduction, and I pay tribute to our NHS and social care staff, and indeed all key workers, who have done so much, and continue to do so much, to fight through this incredibly difficult period for our nation. As we know, we have sadly passed the tragic milestone of 100,000 people having died from covid-19. As of yesterday, 111,634 people have died, over a third of them since the start of this year. Those truly shocking figures show us how far we still have to go in this fight. We have the highest number of covid deaths in Europe, and every step should be taken to fight the virus.
We are here to discuss two sets of regulations, as the Minister set out. The first set came into force several weeks ago on 20 January. As we heard from the Minister, they make minor amendments and corrections to the all tiers regulations to clarify that the exemption to leave home to collect goods from businesses operating click and collect also applies to libraries; that elite sports competitions are permitted; that cafés and canteens in all post-16 education and training settings can remain open; and that marriages and conversions under the Marriage (Same Sex Couples) Act 2013 are permitted.
The Opposition do not oppose these regulations, but I have some observations and questions for the Minister. As I have said many times, we are once again retrospectively approving legislation, particularly regulations that have a dramatic impact on individuals’ liberty, as well as an economic impact. We have discussed these issues many times. These regulations should not be approved after the event, and I thought that there had been a commitment given that regulations of national significance would be debated in advance. Although it could be argued that the first set of regulations, which primarily make corrections, is not within the ambit of that promise, the second set of regulations certainly is, so will the Minister set out why that commitment has not been honoured on this occasion?
The first set of regulations deals with errors and oversights from earlier regulations. This is not the first time that we have had to address this. Of course, we are in a rapidly evolving situation, but we are on the third lockdown, so one would expect enough experience to have been gathered for there not to be a need to come back and make such corrections. The instrument states that it
“is being issued free of charge to all known recipients of those Regulations.”
Will the Minister tell us how many organisations that is, and what the cost of this error is to the taxpayer? What is the legal position of people who were fined for attending the premises concerned before the regulations came into force? Does the Minister know whether anyone has been erroneously fined as a result of the drafting error? And what about the businesses that have been affected? Have any indicated that they have lost profit or income for that period when they were erroneously told they could not operate? Mistakes have consequences, and there have been too many. A proper explanation ought to be forthcoming about why we are having to deal with these things after the event. They should not be dealt with in this way when people’s lives and livelihoods are involved.
I will move on to the second set of regulations that came into effect on 29 January. They concern self-isolation requirements and, as we have heard, gatherings of more than 15 people in a private dwelling, in educational accommodation, or at an indoor rave. I thank the Minister for Care for writing to me regarding this instrument to outline what the amendments primarily concern, particularly in terms of the enforcement of offences and allowing police to receive additional information, as the Minister said, so that they can verify those individuals who are under a legal duty to self-isolate.
The right hon. Member for Forest of Dean (Mr Harper) made an interesting point about whether the regulation covers those who have been advised by an individual in their household that they have a duty to self-isolate. That has had a dramatic impact on the performance figures for Test and Trace, but it raises a series of difficult questions about enforcement. I hope the Minister can clarify whether those notified outside the system, so to speak, are also covered by the regulations. I suspect that they will not be, and I think the issue of how a person is notified will cause all sorts of evidential difficulties, particularly if they are not in a household that is a family unit. It would certainly make for awkward dinner conversations if such issues arose.
In her letter to me, the Minister for Care stated that
“sharing this additional information is both necessary and proportionate in order to give the police the information they need to effectively enforce the law.”
That may well be the case, but it begs the question why, a year into this pandemic, that has only just been acted on.
As we have heard, the statutory instrument increases the fixed penalty notice for those caught attending illegal gatherings, such as house parties, of more than 15 people. Unlike the fines for gatherings of more than 30, this fine applies to both organisers and attendees, although one assumes that attendees and organisers of gatherings of more than 30 would be covered, given that that is more than 15. I would be grateful if the Minister could confirm that.
Considering the fines first, it is fair to say that the announcement was met with a little bit of scepticism. Most of the debate that I saw was about why gatherings of 14 would not attract fines. I do not know if this is an unintended boost for unauthorised seven-a-side football matches, but it looks like 15 has been chosen arbitrarily. I am not sure that was the message the Government were hoping to send. Of course, the most important thing is the message that people should stay at home and not organise gatherings of any nature. That message on compliance is absolutely critical to our getting through this.
However, in order for that message to be most effective, we need to hear very clearly why 15 is the magic number. When the policy was announced, the Home Secretary said, “The science is clear”, but is it? There is clear scientific evidence on the impact of indoor gatherings on transmission, but not having seen the scientific modelling for this particular set of regulations, I would be grateful if the Minister could explain why the regulations set the number of people at 15. We had similar debates over why the rule of six was six and whether children were included. Will the Minister advise whether children are included within the 15? However, what we really want to know is why it is 15.
We also want to know why this is so urgent. Surely the time to have looked at this would have been over the Christmas and new year period, when one would have naturally expected there to have been a greater risk of large gatherings taking place. I hope I am not being overly cynical when I say it appears to me that the regulations seem to have been introduced in response to that period of the year and the number of illegal gatherings that took place, rather than being part of a strategic approach to the issue.
The timing is interesting, because the statutory instrument was laid before Parliament at 11 am on 29 January 2021 and then came into force at 5 pm—the same day. Why was it rushed so quickly on the same day? Was there a specific reason why it needed to be introduced on 29 January? There have been many instances of regulations being published and then introduced at incredibly short notice, and while there have been occasions when that could be justified, I simply do not see why such speed and such disregard for parliamentary scrutiny were necessary on this occasion. The Minister referred to the critical situation that we were in in January, with the number of infections and hospitalisations, but by 29 January we were clearly on a downward trend. Anything the Minister could say to clarify why this had to be rushed through on 29 January would be appreciated.
We agree with Martin Hewitt, chair of the National Police Chiefs’ Council, that increased fines will act as a disincentive for people thinking of attending or organising such events. Was there specific intelligence about 29 January? Was there something on that date to suggest that groups of 15 people or more would gather more? I hope that the response justifies the need for speed on this occasion.
I will now turn to the sharing of data, on which I have several questions. We all know that the self-isolation regulations impose certain requirements on individuals to self-isolate. As the Minister outlined, the statutory instrument amends the information that needs to be disclosed. Of course we can see why sharing that information might be helpful, particularly for the police in verifying an individual and helping to carry out self-isolation enforcement, but I have a few questions. Lord Bethell, a Health Minister, said that the police are accessing
“isolation information, not health information.”—[Official Report, House of Lords, 20 October 2020; Vol. 806, c. 1418.]
There is concern that that is not the case, because whether an individual is required to self-isolate is, to all intents and purposes, health information. I hope the Minister can see that a rather fine distinction is being made. I draw attention to that because health data is highly sensitive and therefore falls under a special category of data under the general data protection regulation rules. Concerns have been raised about that. Given that medical privacy is the bedrock of a functioning public health system, its disclosure should be subject to full parliamentary scrutiny before it is enacted.
There are also concerns that the broad definition of who the information can be shared with means that it can be provided not only to the police, but to anyone else the Government enlist to uphold the rules. We do not have any particular concerns about public health officials, but we need clarity about who can receive this information and who is entitled to see it under the regulations. It could be the covid marshals we used to talk about a lot but do not hear so much about anymore. If the Minister can advise us who exactly is entitled to receive this information, that would be helpful.
There are also concerns about whether the police are permitted to use this information for the purposes of these regulations. Some people have expressed concerns that it could be used for other investigations that they are conducting. I have had the benefit of visiting my local police station, as I am sure many Members have, and seeing how access to personal information has been used to aid their investigations, but the police have done that with very clear safeguards in place. In order to ensure confidence in the uptake of the test and trace system, it is important that we have confirmation that that information will be used only for the purposes of these regulations.
I turn briefly to the app. Can the Minister advise us whether those notified by the app to self-isolate will be covered by these regulations? They were not covered by the original self-isolation regulations, which in my opinion was a huge oversight. If that has not been rectified, why not?
How will the police powers that have been provided under these regulations be resourced? Last month, John Apter, chairman of the Police Federation of England and Wales, said that some forces in England have as many as 15% of staff off. Since these regulations came into force at the end of last month, we have heard that the police will be expected to play a role in the enforcement of hotel quarantine. Our police officers have worked incredibly hard throughout this pandemic, and they face very difficult circumstances. Can we have some assurances from the Minister that they will be adequately resourced to take on the additional responsibilities that they have been given?
On the subject of public confidence, there is concern about the lack of transparency over the memorandum of understanding between the police and the Department. In a Delegated Legislation Committee on 19 October 2020, the right hon. Member for Forest of Dean asked the Minister for Care about the memorandum of understanding, and she said:
“It has not been yet, but it will be.”—[Official Report, Fourth Delegated Legislation Committee, 19 October 2020; c. 25.]
Hon. Members can see a clearer response from the Minister for Care in Hansard, but we still have not seen that memorandum of understanding. I understand that a freedom of information request for sight of the memorandum was refused on 15 December, on the basis that it was intended for future publication. I ask the Minister what is going on here. Can she confirm when exactly we will see the memorandum? Why has there been a delay in its publication? Can she also confirm whether these regulations have led to a new memorandum of understanding and whether that will be available for public scrutiny?
At the heart of this is a question of public trust. We need assurances that sensitive health data will be kept private. Many people could be unwilling to take a coronavirus test or engage with the Department’s contact tracers, particularly if there is a threat of harsh punishment, if they are not given those assurances. Many public figures have raised concerns along those lines. The British Medical Association says it is concerned that some people are deterred from being tested because they are anxious about a loss of income should they need to self-isolate, and it is worried that police involvement will add to that.
Professor Chris Whitty has also expressed concerns. Professor Susan Michie, the Scientific Advisory Group for Emergencies’ behavioural science adviser, has said that the move could cause further distrust in the Government, which is a massive problem for adherence to the regulations. Those are serious concerns from very respected people. Can the Minister give us an assurance that the data-sharing arrangements will not deter people from giving information to contact tracers or, indeed, giving their own information? These are all essential to combatting the spread of the virus.
We know that compliance rates for self-isolation are already low, so everything must be done to ensure that the message and the practical help is there, to encourage as many people to self-isolate when they are required to do so. We want to get as high a compliance rate as possible. Anything the Minister can say to address those concerns would be appreciated.
There are practical steps that the Department can take too. The Government have known for many months that rates of self-isolation remain too low and there is a gaping hole in the system, because not everyone can work at home or comfortably isolate themselves. The system still expects families to go hungry to stop spreading the infection. We have seen the serious side effects of this at the weekend, with evidence that the rates at which cases of covid-19 have fallen since the start of the year are dramatically lower in some of the UK’s poorest regions when compared with wealthier areas.
Figures show that the number of cases of covid-19 infections per 100,000 people remained markedly higher in the last full week of January in many poorer parliamentary constituencies than in more affluent ones. For example, in Preston, infection rates fell by just 9% in January, and in Bradford they fell by just 14%, but in more affluent areas, such as Oxford West and Abingdon, and Saffron Walden, cases declined by 72%. Does the Minister agree that these stark differences demonstrate the serious consequences of the failure to offer financial support to help people on lower incomes with the self-isolation requirements?
The Government have been too slow to address this. Even Baroness Harding recognised last week that there was a big flaw in the Government’s approach to self-isolation support. She said that 20,000 people a day were not self-isolating when they should be. That is simply an unsustainable figure, if we are ever going to see some of the relaxations of current measures that we all wish to see.
On self-isolation, these regulations deal with the stick, but they do not address the deficiencies in the carrot. I again urge the Government to fix the payments regime so that it does not act as a disincentive to people who want to do the right thing and self-isolate. We have said this many times before, but I will make no apology for saying it again: the £500 test and trace support payment is not reaching enough people. Seven out of eight people do not qualify for it. Rejection rates in councils are over 70%. At the time it was announced, the amount given by the Government to councils to continue the fund for a further two months would only have been enough to cover everyone who tested positive on one day. That is not good enough.
In conclusion, we are in our third lockdown. This is extremely difficult. The British people have done their part, staying at home and helping to keep the virus under control. But it is incumbent on the Government to do the right thing by them as well, by ensuring that support for self-isolation and for test and trace genuinely supports people, as well as by dealing with those who do not comply.
It is a pleasure to serve under your chairmanship, Sir David. It is also a great pleasure to see the Minister in her place. I know that she is assiduous in her duties. I am pleased that she answered my earlier intervention in the right spirit, which is the spirit in which I am asking the questions. I genuinely believe that asking questions, which Ministers have to answer, means that you get better laws and regulations, and a good Minister should never be afraid of scrutiny. I am grateful to her for taking my intervention in that spirit.
By way of opening, I should say that I support the principle that people who test positive for coronavirus, or who are contacts of people who test positive, should self-isolate, to protect those around them and reduce the rate of infection. The real question that faces us and is at the heart of these enforcement powers is this: how do we more effectively get people to self-isolate? Is it with the stick or the carrot? That is why I have some concerns about the approach set out in this SI. I am particularly concerned that sharing information with law enforcement authorities does not lead to the best public health response.
I asked the Minister a question, and she kindly said that she would get back to me with a response. There is a second part to my question, which the hon. Member for Ellesmere Port and Neston touched on. I think I am right in saying—I am very happy to be corrected if I am not—that one of the qualification criteria for the isolation payment, which is very important for people on lower incomes, is that someone has been notified by Test and Trace that they have to self-isolate.
Part of the reason I was pressing the Minister on the legal position was not just from the point of view of enforcement and the police’s ability to enforce self-isolation. If someone is in a household where another person is notified that either they have tested positive or they have to self-isolate, they notify that person. If someone is on a low income and needs the isolation payment but has not been told to self-isolate by Test and Trace, I think I am right in saying that they do not qualify for the payment. One of things I am trying to test is whether the way that the test and trace system has changed the rules on how it notifies people has inadvertently led to more people not qualifying for the payment, which is therefore driving down the rates of self-isolation.
Just to save my right hon. Friend having to elongate that point, I have had information that I need to clarify the legal nuance—the point that he raised last time. Where a positive case undertakes to inform their household contacts of their duty to self-isolate, NHS Test and Trace takes details of those contacts and will separately SMS or email them, so that they are in the system and are notified. I do not know whether that makes it any clearer. I would imagine that applies to the points that my right hon. Friend raised about financial remuneration, but also in respect of the legalities about whom the SI applies to and what powers the police have to enforce the SI.
I am grateful. That should therefore deal with the payment issue.
My second point comes back to the point that the hon. Member for Ellesmere Port and Neston raised about my question in October about the memorandum of understanding. One of the issues that concerns people is the scope of the information that is to be shared and the basis on which it is shared by the Department. If the Department were to publish the memorandum of understanding—the Minister will obviously tell me if it has been published—I cannot see what the problem would be. It seems to be that if there is nothing to hide, if the rules for sharing information are as set out in the explanatory note in the regulations and as the Minister set out, and if there are good, clear reasons for doing these things, that would help allay people’s genuine concerns.
People also have concerns about things for the sake of having concerns about them, and publishing the information and being transparent allays those concerns. It also stops people being able to whip up scare stories. We know there are people who deliberately set out to spread anti-vaxx nonsense, and to scare people about taking the vaccine or getting tested. The more the Government are transparent and open, the more we reduce the opportunity for people to do that.
Can the Minister confirm that the memorandum of understanding has been published? If it has not been published, and given that the House will be asked to approve the regulations—I presume that once the Committee has considered them, they will be on the Order Paper tomorrow—it would be outrageous if the memorandum of understanding was not available to the House at the point at which it was asked to take a decision on the regulations. It seems to me that that would be less than satisfactory.
Can I probe a point that the hon. Member for Ellesmere Port and Neston raised about the necessity to use the emergency procedure to lay the regulations? I completely accept that both at the early stage of the pandemic and at certain stages throughout it, there have been times when it has been necessary for Ministers, even subsequent to their commitment to coming to the House in advance, to legislate using the emergency powers under section 45R of the Public Health (Control of Disease) Act 1984 and then get Parliament to sign them off afterwards.
An obvious example was when we saw the new variant spreading very quickly. It was, I think, after Parliament had risen for Christmas. I agree it was necessary for the Government to take steps and then get the House to sign them off. To be fair, the Government did so. They recalled Parliament and held a debate at the earliest opportunity, and that was absolutely right.
In the present case, I do not understand what the urgency was when the need for the regulations was identified. Why was it not possible, a few days later, simply to have them debated by the House? I ask that because paragraph 3.3 of the explanatory memorandum states that
“it has become clear that changes around data sharing are necessary to strengthen the effectiveness of the current system.”
However, no further details are given.
Later, under the heading of “Policy background”, paragraph 7.4 includes the words:
“Feedback from policing suggests additional data”.
I should welcome more clarity from the Minister about what exactly suggested to the Department that more data was needed. What information did the Department get from policing? The memorandum is a bit vague about what “policing” means. It does not say whether it means the National Police Chiefs’ Council, individual police forces, or what.
What information was received from the police to suggest that they needed more data? When did that take place? Why was it necessary for the regulations to be made by Ministers and to come into force a few hours after they were made, before Parliament was given the opportunity to debate them?
The issue is important because it is important that the regulations be proportionate. The Minister used that word several times, and the statutory instrument states that the Secretary of State considers them a “proportionate” response. We need to know what evidence there is of people not following their legal duty to self-isolate. How many people, for example, who were under a legal duty to self-isolate were not doing so, and what is the evidence from behavioural science—the hon. Member for Ellesmere Port and Neston quoted a member of SPI-M, part of the SAGE committee, about that—that the changes in the regulations will improve compliance and lead to more people self-isolating than the opposite?
The Secretary of State is said to be satisfied on the legal test that the provisions are a proportionate response, and in order to be satisfied about that he must have data about it available to him. It would be helpful if the Minister would furnish the Committee with that information. That would also enable us to judge whether it was appropriate for the measures to be made in advance and put into law before the House had a chance to consider them.
Having discussed the background, I have some specific questions about what information can be shared, and in what circumstances. Some of those would be answered if the memorandum of understanding were available. The Minister set out clearly that it would include information on the individual’s date of birth, the means by which they were notified—whether their postal address, telephone number or email address was used—and whether they are participating in coronavirus-related research. I would be grateful if she would confirm that that means just the fact of participation in the research, with no further details about what the research is. The final aspect was about whether someone had to self-isolate because of receiving a positive test, or being a contact. The reason why that is important, and why the regulations have caused some concern, is that if someone tests positive, that is health information. As the hon. Member for Ellesmere Port and Neston highlighted, under data protection regulations, health information is a specific category that is very sensitive.
Members of Parliament know that there is a general assumption, set out in law, that when we contact organisations on behalf of our constituents, those organisations are entitled to presume that we have the constituents’ consent, and that a specific document is not required as evidence of that in each case; however, quite often with health data, the NHS will insist on a specific piece of information, showing a constituent’s explicit consent, before it will disclose health information. That is, rightly, because the health information is very sensitive. I want to know why Ministers feel that disclosing health information to the police is essential to carrying out this law enforcement, and whether it is proportionate to the problem that was being encountered when the information could not be disclosed. That is the implicit assumption.
I am also concerned about the uses to which the police can put the information, and how they get it, which would again be covered by the memorandum of understanding. First, it is not clear what the mechanism is for the police to get the information. Does the NHS choose information to send to the police—such as information about people who have tested positive or have positive contacts—for the police to do proactive enforcement work, or do the police have to approach the Department of Health and Social Care if they receive information about an individual that leads them to believe that the individual has a duty to self-isolate but is not doing so? I assume that it is the Department, as opposed to individual NHS bodies; it is presumably the Department and NHS Test and Trace, which is part of the Department of Health.
Do the police have to ask for the information on that individual, and what information does the Department ask for to evidence the fact that the police have a reasonable basis for wanting that health information? In other words, can the police choose anybody they feel like, contact NHS Test and Trace and say, “Can I have information about whether this individual has tested positive for coronavirus?” or do they have to have some information that gives them reasonable grounds for thinking that a criminal offence is taking place?
That is really important, because it would put people’s minds at rest. If a large-scale piece of data was being transferred, that might not put their minds at rest, but it is something that Parliament should know about. Is the information proactively sent from Test and Trace to the police for enforcement, or do the police have to ask for it, and are they able to do so—and will the Department release it—only if there are good grounds for suspecting that a criminal offence is being committed?
The final area concerns contacts, and the extent to which the police can use the information to go enforcing down the chain of contacts. In other words, if they get information that someone has tested positive for coronavirus, can they then make inquiries about whether that person’s contacts have a legal duty to self-isolate, or does responsibility for that sit with Test and Trace?
I ask those questions because there is anecdotal information that some people are worried about the impact of the legal duty on their contacts, in terms of their not being able to work and not having enough income. Let us be frank: there are people who engage with the police on, as it were, a professional basis for reasons not to do with coronavirus who may well feel that they do not want to go anywhere near the police, and therefore will not do what they should under a public health remit. If they thought that the police could go fishing around their contacts and get information about who they meet and when they meet them, they would not disclose it to Test and Trace. They would not engage with any of the public health information at all, and by introducing these measures we would have made ourselves not safer, but less safe.
A very good example, which I support, is what the Government have announced today. As a former Immigration Minister, I welcome the fact that the Government have said that even people who are in the United Kingdom unlawfully should contact the NHS and get a vaccine, and no steps will be taken, as a result of their doing so, to deal with the fact that they are in the country unlawfully. It is in all our interests that that essential public health measure, rather than the legal need to deal with the fact that they are in the country unlawfully, comes first, so Ministers have made the right choice. That is why I want to understand whether there is the right balance in the regulations, and I want to know that we are focusing on public health and reducing the effective transmission of the virus rather than inadvertently putting sticks in place—to use the words of the hon. Member for Ellesmere Port and Neston—and making things worse rather than better. I would be grateful if the Minister could answer those few questions.
That was a large number of questions covering a number of points. I know that officials are furiously trying to group them at the moment. I will do my best to answer them as well as I can. If there are any that I do not answer, I give the hon. Member for Ellesmere Port and Neston and my right hon. Friend the Member for Forest of Dean absolute assurance that they will be written to quickly with more detailed answers.
The first point raised by the hon. Gentleman was about why the regulations have come in after the event. Public health underpins what we are doing today. My right hon. Friend’s last question was about this being a public health initiative, and not a stick or a means of taking away people’s freedoms for the sake of it. That is absolutely not what the regulations are about; they are very much a response to the South African variant. We need to do what we can to ensure that people self-isolate when they are supposed to, that they are deterred from gathering in groups and that we do as much as we possibly can, using the instrument of the law, to protect the health of the nation.
Coronavirus is a brand-new virus, and we knew nothing of its biology or pathology when it landed on our shores this time last year. One thing that I have learned since then as a Health Minister is that when the virus mutates—there have so far been more than 10,000 mutations—the figures go in only one direction when they start to rise. They do not rise to small numbers and then suddenly drop off and disappear without very restrictive action, such as that taken in China and other countries where there is a much stronger social contract with the population.
We move very quickly, but the virus moves faster. It would be wrong of us, as a Government, to see a variant such as the South African one and not look at what further public health measures we can put in place now to protect the health of the nation and stop the variant rising.
As I said in my opening remarks, we know that the virus, in whatever mutation, transmits well indoors with groups of people who are not socially distancing and who are close to each other. That is true whether it is the South African variant or the current dominant variant in the UK. We know from experience, from weddings and other gatherings, that it transmits when people are together indoors in numbers. Our objective is to stop the virus transmitting and to keep the R number low.
The hon. Member for Ellesmere Port and Neston raised a number of points about the police. He asked what information we had about the police wanting the measures to be put in place. The National Police Chiefs’ Council fed back to us that police needed more information on someone to whom they may need to issue a fixed penalty notice. If they do not have the information to say, “Yes, this person has a legal responsibility to self-isolate,” it puts them in a very difficult position. This information is not used in the pursuit of any other crimes, or in any other way whatsoever. It is used for the purpose of a FPN, in order to deter others from breaking their legal responsibility to self-isolate when they have been identified as testing positive.
The hon. Gentleman asked whether there was additional funding for the police to carry out this work. We have given them over £30 million, again in consultation with the NPCC. We are responding to a request from the police. They do not want to issue fixed penalty notices to someone who is telling them, “No, this is a mistake; I don’t have a responsibility to self-isolate. No, I’m not covid positive. No, I haven’t been in contact.” They need the evidence. They need to be able to say, “We know that you are somebody who has been asked to self-isolate.”
I will just finish my point to the hon. Member for Ellesmere Port and Neston. On his comments about stick and carrot, the police have had a great deal of extra responsibility put on their shoulders. There have been times when they have exercised what they call the four Es. It is not about enforcement and a heavy hand.
As the hon. Gentleman knows, because we have discussed this before, it is about encouragement, explaining and helping people to understand their social responsibility, both towards the people that they are with and in terms of keeping the virus down. It is not a case of the police going in and handing out fixed penalty notices. It is about explaining to people what is expected of them once they have received a notification that they are a close contact or they have tested positive, and their responsibility is to self-isolate. This is about encouraging people to comply with the regulations more than it is about hitting people with a stick.
Both my right hon. Friend and the hon. Gentleman spoke about the memorandum of understanding. I understand that it is between the Department of Health and Social Care and the Home Office. I will make some further inquiries about how that stands. I am not fully aware of the details, and I will get back to my right hon. Friend and the hon. Gentleman about that.
I was asked if the police had to request information on an individual or if they had access to the database. My understanding is that the police do not have open access to the Test and Trace database. This is about information on a need to know basis, when the police have been given information or when they are aware, or they suspect, that people are breaking the law. The police do not just access the database and take the information from it. My right hon. Friend and I have been in this place for a long time together, so he should know that I would not be happy with such a situation, purely from the point of view of civil liberties; I know he would not be happy with it either. The police have access to data that they request. I will write to him with further information on that, because there are many legal points around it. I know how thorough he is, and he will want those questions answered.
Can I press the Minister on that? I am not sure that her answer has helped, because she said that the memorandum of understanding was between the DHSC and the Home Office. I presume that individual police forces, not the Home Office, access the information, although I do not know that because we have not seen the memorandum. That is the whole point about publishing the MOU—it would reassure us.
I think the Minister has confirmed that the police would have to suspect an offence was being carried out in order to get information. We are still not clear about who asks for the information, who discloses it and who makes the decision about whether to disclose it, to whom and what other information is disclosed.
Those are the things that are worrying people; if we can all be reassured about them, I think a lot of people will then stop being worried about them. The Minister herself is an experienced medical practitioner—a trained and qualified nurse—so she will know how important it is that medical information is not disclosed beyond the needs for which it was ascertained in the first place, and also how sensitive such information is.
We are totally in tune on that. In terms of the present system of information, I misspoke: it is a memorandum of understanding between the Department of Health and Social Care and policing, not the Home Office—I should be quite clear on that. My apologies—I misspoke there.
The present system of information-sharing with the police is reactive; as I said, it is based on the police receiving information from Test and Trace following a report of a suspected breach of the regulations—I probably said that more clumsily in my previous answer. It is when somebody has contacted the police to say that they believe somebody is breaking the regulations, or when there is a gathering of people—I think we called it a “rave” in the regulations—and somebody has reported that a gathering is taking place, and some of those people should be isolating.
Just to be clear—I hope this will be my last question for the Minister—if, say, somebody’s neighbour rings up the police and says, “I think Mrs Bloggins has tested positive for coronavirus and isn’t self-isolating,” is that sufficient grounds for the police then to be given confidential health information about Mrs Bloggins, or does there have to be a bit more to it than somebody just ringing up and telling them something? I ask that because I think this is the bit that people are worried about—the basis on which the police asked for this information and the basis on which the DHSC will then give it to them. Again, it may be that all these questions are answered in the memorandum of understanding, in which case I really do think that if the Minister published it everyone would probably let out a big sigh of relief and would not be very worried about this—I hope that that is what we would find.
Our police are very responsible individuals. If they receive a report that somebody is believed to be breaking regulations, or breaking isolation, they will not automatically ask Test and Trace for the individual’s information before they have carried out an assessment of the situation. They would need to clarify for themselves whether a breach was actually taking place, such as a breach of the numbers—for example, if it was not a single-household individual mixing within their bubble. They would have to assess the situation and see if the regulations were being broken. If they were being broken, the police would have the right to revert to Test and Trace to ask for clarification on the individual’s details.
Both my right hon. Friend and the hon. Gentleman are pursuing a definition—as my right hon. Friend knows well—in legal terms within the legislation. I will need to seek legal clarification and write to both of them with the details on that point.
I completely agree. I have just been informed, in the form of our old notes, that the memorandum of understanding is currently being updated to reflect feedback from the Information Commissioner’s Office and the recent changes made by this SI.
This is my final point, and it is probably less for the Minister and more for her colleagues in the Whips’ Office. There are a number of complex legal questions, which the Minister says she will write to the Committee about. That is perfectly understandable, but may I ask for an assurance, either from her or from those who are listening, that the House will not be asked to take a decision on this statutory instrument until the memorandum of understanding has been published and she has furnished the Committee, and indeed the House, with answers to the questions that have been asked? It would not be acceptable for us to ask questions and for her reasonably to go off and make inquiries, and then for the House to be asked to make a decision tomorrow before Members have been furnished with that information. That would not be an appropriate way to behave, especially as the regulations have come into force before being debated by the House. If she cannot give that assurance, I hope that others are listening and will feed that request back through the usual channels.
I thank my right hon. Friend for his points. As a former Chief Whip, he knows that these conversations will be taking place through the usual channels. I am glad that his comment was not directed toward me, because, as he also knows, the decision does not rest with me.
My closing remarks will cover some of the points that have been raised, but if I do not have the answers to any of them now, I will, as always, respond in writing. I really do thank both my right hon. Friend and the hon. Gentleman for the important contributions they have made today. The hon. Gentleman did not go too far outside the scope of the SI this time, as he often does. He usually goes miles off-piste, but today he was very well behaved, and I thank him for that. I absolutely take on board the point made by my right hon. Friend. When we are fighting a virus, with the Department of Health, public health bodies, SAGE and everyone else involved, the probing questions asked here help to create better laws and a better process. Hopefully, we are all trying to do the same thing—to get back to normal as soon as it is safely possible to do so. Anyone’s efforts as part of this process are as valuable as everyone else’s, so I thank my right hon. Friend and the hon. Gentleman for their probing questions and for pushing me on certain points, because that will create better answers.
The Government have always been clear that the highest priority is managing this national crisis, protecting the public and saving lives. As I stated in my opening remarks, the amendments in the SIs are necessary and proportionate for legal coherence and clarification. [Interruption.] Don’t worry, I haven’t got covid; I coughed because I have been talking so long. The ability to enforce more effectively and issue enhanced FPNs will ensure that we limit the spread of the virus and increase compliance, protect the NHS and safeguard public health.
Coronavirus remains a serious threat. The current level of confirmed cases and the identification of new, more transmissible variants of covid-19 have reinforced existing patterns. As during the first peak, we are witnessing a high number of infections, hospital and intensive care unit admissions and, sadly, high mortality rates. Even when mortality rates are not high—there are dips—that does not mean that our ICU beds are not full of people being treated for covid. If we are managing to keep people alive, that is a good thing, but it does not mean that beds are not full or that we are not trying to protect our NHS and prevent it from falling over. We continue to mitigate the threat to our NHS before it becomes overwhelmed, and strive to give it the best ability to provide a safe and effective service for all. Protecting our NHS is about keeping beds available and enough staff on the wards to treat people when they come in and need that treatment in order to save their lives.
It has been necessary to make a number of minor technical amendments to the all tiers regulations to provide coherency and ensure that there is no confusion about these measures, all of which have been implemented to limit transmission and reduce the spread of the virus.
As set out previously, the intentions of the amendments to the all tiers and self-isolation regulations are threefold: to reduce contact between people who do not live together, to drive down transmission; to increase fixed penalty notices for those caught attending illegal gatherings, to increase compliance; and to enhance data-sharing with the police to improve the evidentiary chain, to support effective enforcement against those who breach their duty to self-isolate. To issue a fixed penalty notice, the police need to be satisfied that they are engaging with the right person—this comes back to the substantive point that was raised a number of times during this debate: they need to be sure that they are engaging with, and issuing the FPN to, the right person—that the person is aware of their duty to self-isolate, and that the person has indeed breached that legal requirement. These changes to the self-isolation regulations will support the police in taking effective enforcement action when that is appropriate.
Fixed penalty notices for those caught attending illegal gatherings, such as house parties, of more than 15 people will double for each successive offence, up to a maximum of £6,400. There is one point on which I will not have to write to the hon. Member for Ellesmere Port and Neston. He asked, “Why 15? Why is that the number?” This will just take the number of questions to be answered down by one. This is the new fine for attending larger gatherings, where there is a higher risk of spreading the virus, which goes back to my point that we know how and where the virus travels and where it is most transmissible. It was the scientists who decided this: it was seen as the right level, balancing public health risk versus social impact—for example, the impact on larger households. There continues to be a fine for breaching covid regulations, including by attending a gathering of 15 or fewer.
(5 years, 5 months ago)
General CommitteesIt is a great pleasure to serve under your chairmanship, Sir David. I hope that the Committee will approve the regulations, which are in the name of my right hon. Friend the Secretary of State for Health and Social Care. I will briefly explain each statutory instrument.
SI No. 2021/53 amends the Health Protection (Coronavirus, Restrictions) (All Tiers) (England) Regulations 2020 and came into force on 20 January 2021. The need for the changes in it was identified in the ongoing review of regulations. It provides for minor and technical clarifications, including of the fact that competitive sport can continue, that cafés and canteens in all post-16 education and training settings are able to remain open, and that marriages and conversions under the Marriage (Same Sex Couples) Act 2013 are permitted. These changes provide legal certainty that these activities are permitted.
SI No. 2021/97 amends the all tiers regulations and the Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020, and came into force on 29 January 2021. It allows for additional data to be shared between NHS Test and Trace and the police for the purpose of effective enforcement of the self-isolation regulations. The statutory instrument also amends the all tiers regulations to introduce a new, higher fixed penalty notice to persons aged 18 or over participating in a gathering of more than 15 people in a private dwelling, in education accommodation, or at an indoor rave. The first penalty is £800, reduced to £400 with early repayment. Subsequent offences double the size of the fixed penalty, to a maximum of £6,400.
I will now outline in further detail the main changes made by SI No. 2021/97. As I noted, the main amendment it makes to the all tiers regulations is that it provides for FPNs that can be levied against individuals who participate in gatherings of more than 15 people in a range of settings. We have introduced a new fixed penalty notice, because although the majority of people follow covid regulations and guidance, it is important that the police have the right tools to take action against the small number of people who break the rules. We know that the virus is transmitted through close contact; as a result, larger gatherings of people who do not live together pose an increased risk of transmission. The existing regulations already penalise people who organise unlawful gatherings of 30 or more people, but there was no enhanced penalty for those attending, other than the £200 FPN for breaching social contact and gathering rules. This new, larger fixed penalty notice will support wider efforts to improve compliance with the regulations, thereby helping to bring transmission rates down.
I will now focus on changes to the self-isolation regulations, as I am aware that many Members are most interested in this. The self-isolation regulations came into force on 28 September 2020 and make self-isolation a legal requirement for individuals who have been notified by NHS Test and Trace that they have tested positive for covid-19 or are a close contact of such a person, subject to a number of exemptions. Non-adherence to the regulations can result in an FPN ranging from £1,000 to £10,000, and failure to pay the FPN can result in court action and conviction. The SIs being debated today do not change those levels of FPN.
In order for police to issue FPNs, they need sufficient information about the suspected breach, and evidence that the individual is supposed to be self-isolating and has received a notification from NHS Test and Trace to do so. This SI allows for the minimum necessary information to be shared with the police in order for them to enforce self-isolation. Four key changes have been made. The first is the addition of date of birth and email address, which will help strengthen the evidential base by enabling the police to verify the identity of someone who is suspected of a breach. Secondly, information on whether the individual is participating in coronavirus-related research will be used, where available, to determine whether the subject is permitted to leave their place of self-isolation under an exemption in the regulations. Thirdly, the SI permits the sharing of notification information, including the method of notification, the contact details—
On the point of notification information, I understand that now, to improve the contact rates, if Test and Trace notifies someone that they have to self-isolate, and there are other members of the household, that person is asked to notify those members and confirm that they have been notified. For the purposes of the regulations, if someone has notified members of their household, does that count as a notification that makes those members legally have to self-isolate? Is the information that someone has passed on to them communicated to the police in some way, so that they can take action under the regulations?
The only time the police would contact a person would be if a breach had taken place. On the point about the relatives, household members or close contacts of somebody who has been notified by NHS Test and Trace that they are positive, my right hon. Friend asks whether the data of those people who the person has taken on the responsibility to notify will be transferred to the police. I will ensure that I get a swift response to that question.
I would say yes to the second half of my right hon. Friend’s question. Again, I will seek legal clarification on this issue, but if someone has been notified that they have been in close contact with somebody who has tested positive, they have a responsibility to self-isolate. On whether that person’s details are put on the NHS Test and Trace database, and on whether the police can therefore be notified if they breach the social contract that we have with Test and Trace, I will need to find out for my right hon. Friend.
This will be the last question. I am pressing her because it was very clear that the initial self-isolation regulations, which, for the avoidance of doubt, I strongly support, applied only to people whom the Test and Trace service had notified. There was no legal requirement for a person to self-isolate if, for example, the app told them to. That is why I want to be clear. I completely agree that people should self-isolate, but there is a real difference between whether someone should, and whether there is a legal duty on them to do so or face criminal action from the police.
I take my right hon. Friend’s point entirely. It is a legal point, and I will get legal clarification for him swiftly, if not before the end of the debate. I will certainly make sure that question is answered, because there is a legal nuance on where the legal responsibility lies. I welcome his intervention—in fact, interventions from Members on both sides of the House—because they challenge us on how we deal with this new virus, and the world of covid regulations and social distancing. They challenge us all the time to think about these points and to do things better.
Thirdly, the SI permits the sharing of notification information, including the method of notification, the contact details, and a copy of the notification issued to the person informing them of their duty to self-isolate. As my right hon. Friend pointed out, that happens when someone is informed by NHS Test and Trace that they have to self-isolate. That is so that the police can confirm that the individual received a notification to self-isolate and was aware of their legal duty to do so. If required, the police can use that copy to remind the individual, as I have said.
Finally, the SI allows information to be shared on whether the suspected breach is a positive case or a close contact. The police require a distinction to be made between the two types of cases—I think I am answering my right hon. Friend’s question; perhaps I am not—and the relative circumstances may need to be evidenced by the police in criminal proceedings. It is crucial that the police know the precise circumstances and the chain of events that may need to be investigated and evidenced in each individual case.
That data will primarily be shared with the police where there is a reported breach of self-isolation regulations. This is for the purpose of access. The police do not have direct access to the NHS Test and Trace database and its details on all individuals who need to self-isolate, and that will remain the case. Sharing this additional information is both necessary and proportionate, as it gives the police the information that they need to effectively enforce the law. The police have a role in upholding and enforcing the regulations, and we must ensure that they have the tools necessary to carry out their job efficiently and speedily, so that we can deter people from breaching self-isolation at a time when adherence to self-isolation requirements is crucial.
Above all else, the self-isolation regulations are a safety measure designed to drive up compliance among those most at risk of spreading the virus. Any improvement to the way the regulations are upheld will have a positive impact on the public health of the country as a whole by bringing down rates of transmission, protecting the most vulnerable, reducing pressures on healthcare and aiding a return to normality for us all.
Both statutory instruments were introduced using emergency powers, so that we could respond quickly to the threat to public health posed by covid-19. The urgency of SI No. 2021/97 stems from the critical national situation, the need for the police to be able to conduct their duties efficiently in this context, and the crucial impact that it should have on improving compliance with self-isolation and bringing down the R number.
The SIs demonstrate our willingness to take tougher action against the most serious breaches of the rules. They are designed to protect us all. We keep wider regulations under ongoing review and clarify them as appropriate. We also understand that it is crucial to take steps to allow people to return to a more normal way of life. The most effective way of doing that is by reducing transmission of the virus while we continue to deliver our vaccination programme. The SIs set out to achieve that, and should therefore remain in force. We are committed to ensuring that the measures are in place only for as long as is necessary. I commend the regulations to the Committee.
It is a pleasure to serve under your chairmanship, Sir David. It is also a great pleasure to see the Minister in her place. I know that she is assiduous in her duties. I am pleased that she answered my earlier intervention in the right spirit, which is the spirit in which I am asking the questions. I genuinely believe that asking questions, which Ministers have to answer, means that you get better laws and regulations, and a good Minister should never be afraid of scrutiny. I am grateful to her for taking my intervention in that spirit.
By way of opening, I should say that I support the principle that people who test positive for coronavirus, or who are contacts of people who test positive, should self-isolate, to protect those around them and reduce the rate of infection. The real question that faces us and is at the heart of these enforcement powers is this: how do we more effectively get people to self-isolate? Is it with the stick or the carrot? That is why I have some concerns about the approach set out in this SI. I am particularly concerned that sharing information with law enforcement authorities does not lead to the best public health response.
I asked the Minister a question, and she kindly said that she would get back to me with a response. There is a second part to my question, which the hon. Member for Ellesmere Port and Neston touched on. I think I am right in saying—I am very happy to be corrected if I am not—that one of the qualification criteria for the isolation payment, which is very important for people on lower incomes, is that someone has been notified by Test and Trace that they have to self-isolate.
Part of the reason I was pressing the Minister on the legal position was not just from the point of view of enforcement and the police’s ability to enforce self-isolation. If someone is in a household where another person is notified that either they have tested positive or they have to self-isolate, they notify that person. If someone is on a low income and needs the isolation payment but has not been told to self-isolate by Test and Trace, I think I am right in saying that they do not qualify for the payment. One of things I am trying to test is whether the way that the test and trace system has changed the rules on how it notifies people has inadvertently led to more people not qualifying for the payment, which is therefore driving down the rates of self-isolation.
Just to save my right hon. Friend having to elongate that point, I have had information that I need to clarify the legal nuance—the point that he raised last time. Where a positive case undertakes to inform their household contacts of their duty to self-isolate, NHS Test and Trace takes details of those contacts and will separately SMS or email them, so that they are in the system and are notified. I do not know whether that makes it any clearer. I would imagine that applies to the points that my right hon. Friend raised about financial remuneration, but also in respect of the legalities about whom the SI applies to and what powers the police have to enforce the SI.
I am grateful. That should therefore deal with the payment issue.
My second point comes back to the point that the hon. Member for Ellesmere Port and Neston raised about my question in October about the memorandum of understanding. One of the issues that concerns people is the scope of the information that is to be shared and the basis on which it is shared by the Department. If the Department were to publish the memorandum of understanding—the Minister will obviously tell me if it has been published—I cannot see what the problem would be. It seems to be that if there is nothing to hide, if the rules for sharing information are as set out in the explanatory note in the regulations and as the Minister set out, and if there are good, clear reasons for doing these things, that would help allay people’s genuine concerns.
People also have concerns about things for the sake of having concerns about them, and publishing the information and being transparent allays those concerns. It also stops people being able to whip up scare stories. We know there are people who deliberately set out to spread anti-vaxx nonsense, and to scare people about taking the vaccine or getting tested. The more the Government are transparent and open, the more we reduce the opportunity for people to do that.
Can the Minister confirm that the memorandum of understanding has been published? If it has not been published, and given that the House will be asked to approve the regulations—I presume that once the Committee has considered them, they will be on the Order Paper tomorrow—it would be outrageous if the memorandum of understanding was not available to the House at the point at which it was asked to take a decision on the regulations. It seems to me that that would be less than satisfactory.
Can I probe a point that the hon. Member for Ellesmere Port and Neston raised about the necessity to use the emergency procedure to lay the regulations? I completely accept that both at the early stage of the pandemic and at certain stages throughout it, there have been times when it has been necessary for Ministers, even subsequent to their commitment to coming to the House in advance, to legislate using the emergency powers under section 45R of the Public Health (Control of Disease) Act 1984 and then get Parliament to sign them off afterwards.
An obvious example was when we saw the new variant spreading very quickly. It was, I think, after Parliament had risen for Christmas. I agree it was necessary for the Government to take steps and then get the House to sign them off. To be fair, the Government did so. They recalled Parliament and held a debate at the earliest opportunity, and that was absolutely right.
In the present case, I do not understand what the urgency was when the need for the regulations was identified. Why was it not possible, a few days later, simply to have them debated by the House? I ask that because paragraph 3.3 of the explanatory memorandum states that
“it has become clear that changes around data sharing are necessary to strengthen the effectiveness of the current system.”
However, no further details are given.
Later, under the heading of “Policy background”, paragraph 7.4 includes the words:
“Feedback from policing suggests additional data”.
I should welcome more clarity from the Minister about what exactly suggested to the Department that more data was needed. What information did the Department get from policing? The memorandum is a bit vague about what “policing” means. It does not say whether it means the National Police Chiefs’ Council, individual police forces, or what.
What information was received from the police to suggest that they needed more data? When did that take place? Why was it necessary for the regulations to be made by Ministers and to come into force a few hours after they were made, before Parliament was given the opportunity to debate them?
The issue is important because it is important that the regulations be proportionate. The Minister used that word several times, and the statutory instrument states that the Secretary of State considers them a “proportionate” response. We need to know what evidence there is of people not following their legal duty to self-isolate. How many people, for example, who were under a legal duty to self-isolate were not doing so, and what is the evidence from behavioural science—the hon. Member for Ellesmere Port and Neston quoted a member of SPI-M, part of the SAGE committee, about that—that the changes in the regulations will improve compliance and lead to more people self-isolating than the opposite?
The Secretary of State is said to be satisfied on the legal test that the provisions are a proportionate response, and in order to be satisfied about that he must have data about it available to him. It would be helpful if the Minister would furnish the Committee with that information. That would also enable us to judge whether it was appropriate for the measures to be made in advance and put into law before the House had a chance to consider them.
Having discussed the background, I have some specific questions about what information can be shared, and in what circumstances. Some of those would be answered if the memorandum of understanding were available. The Minister set out clearly that it would include information on the individual’s date of birth, the means by which they were notified—whether their postal address, telephone number or email address was used—and whether they are participating in coronavirus-related research. I would be grateful if she would confirm that that means just the fact of participation in the research, with no further details about what the research is. The final aspect was about whether someone had to self-isolate because of receiving a positive test, or being a contact. The reason why that is important, and why the regulations have caused some concern, is that if someone tests positive, that is health information. As the hon. Member for Ellesmere Port and Neston highlighted, under data protection regulations, health information is a specific category that is very sensitive.
Members of Parliament know that there is a general assumption, set out in law, that when we contact organisations on behalf of our constituents, those organisations are entitled to presume that we have the constituents’ consent, and that a specific document is not required as evidence of that in each case; however, quite often with health data, the NHS will insist on a specific piece of information, showing a constituent’s explicit consent, before it will disclose health information. That is, rightly, because the health information is very sensitive. I want to know why Ministers feel that disclosing health information to the police is essential to carrying out this law enforcement, and whether it is proportionate to the problem that was being encountered when the information could not be disclosed. That is the implicit assumption.
I am also concerned about the uses to which the police can put the information, and how they get it, which would again be covered by the memorandum of understanding. First, it is not clear what the mechanism is for the police to get the information. Does the NHS choose information to send to the police—such as information about people who have tested positive or have positive contacts—for the police to do proactive enforcement work, or do the police have to approach the Department of Health and Social Care if they receive information about an individual that leads them to believe that the individual has a duty to self-isolate but is not doing so? I assume that it is the Department, as opposed to individual NHS bodies; it is presumably the Department and NHS Test and Trace, which is part of the Department of Health.
Do the police have to ask for the information on that individual, and what information does the Department ask for to evidence the fact that the police have a reasonable basis for wanting that health information? In other words, can the police choose anybody they feel like, contact NHS Test and Trace and say, “Can I have information about whether this individual has tested positive for coronavirus?” or do they have to have some information that gives them reasonable grounds for thinking that a criminal offence is taking place?
That is really important, because it would put people’s minds at rest. If a large-scale piece of data was being transferred, that might not put their minds at rest, but it is something that Parliament should know about. Is the information proactively sent from Test and Trace to the police for enforcement, or do the police have to ask for it, and are they able to do so—and will the Department release it—only if there are good grounds for suspecting that a criminal offence is being committed?
The final area concerns contacts, and the extent to which the police can use the information to go enforcing down the chain of contacts. In other words, if they get information that someone has tested positive for coronavirus, can they then make inquiries about whether that person’s contacts have a legal duty to self-isolate, or does responsibility for that sit with Test and Trace?
I ask those questions because there is anecdotal information that some people are worried about the impact of the legal duty on their contacts, in terms of their not being able to work and not having enough income. Let us be frank: there are people who engage with the police on, as it were, a professional basis for reasons not to do with coronavirus who may well feel that they do not want to go anywhere near the police, and therefore will not do what they should under a public health remit. If they thought that the police could go fishing around their contacts and get information about who they meet and when they meet them, they would not disclose it to Test and Trace. They would not engage with any of the public health information at all, and by introducing these measures we would have made ourselves not safer, but less safe.
A very good example, which I support, is what the Government have announced today. As a former Immigration Minister, I welcome the fact that the Government have said that even people who are in the United Kingdom unlawfully should contact the NHS and get a vaccine, and no steps will be taken, as a result of their doing so, to deal with the fact that they are in the country unlawfully. It is in all our interests that that essential public health measure, rather than the legal need to deal with the fact that they are in the country unlawfully, comes first, so Ministers have made the right choice. That is why I want to understand whether there is the right balance in the regulations, and I want to know that we are focusing on public health and reducing the effective transmission of the virus rather than inadvertently putting sticks in place—to use the words of the hon. Member for Ellesmere Port and Neston—and making things worse rather than better. I would be grateful if the Minister could answer those few questions.
As I said in my opening remarks, we know that the virus, in whatever mutation, transmits well indoors with groups of people who are not socially distancing and who are close to each other. That is true whether it is the South African variant or the current dominant variant in the UK. We know from experience, from weddings and other gatherings, that it transmits when people are together indoors in numbers. Our objective is to stop the virus transmitting and to keep the R number low.
The hon. Member for Ellesmere Port and Neston raised a number of points about the police. He asked what information we had about the police wanting the measures to be put in place. The National Police Chiefs’ Council fed back to us that police needed more information on someone to whom they may need to issue a fixed penalty notice. If they do not have the information to say, “Yes, this person has a legal responsibility to self-isolate,” it puts them in a very difficult position. This information is not used in the pursuit of any other crimes, or in any other way whatsoever. It is used for the purpose of a FPN, in order to deter others from breaking their legal responsibility to self-isolate when they have been identified as testing positive.
The hon. Gentleman asked whether there was additional funding for the police to carry out this work. We have given them over £30 million, again in consultation with the NPCC. We are responding to a request from the police. They do not want to issue fixed penalty notices to someone who is telling them, “No, this is a mistake; I don’t have a responsibility to self-isolate. No, I’m not covid positive. No, I haven’t been in contact.” They need the evidence. They need to be able to say, “We know that you are somebody who has been asked to self-isolate.”
I will just finish my point to the hon. Member for Ellesmere Port and Neston. On his comments about stick and carrot, the police have had a great deal of extra responsibility put on their shoulders. There have been times when they have exercised what they call the four Es. It is not about enforcement and a heavy hand.
As the hon. Gentleman knows, because we have discussed this before, it is about encouragement, explaining and helping people to understand their social responsibility, both towards the people that they are with and in terms of keeping the virus down. It is not a case of the police going in and handing out fixed penalty notices. It is about explaining to people what is expected of them once they have received a notification that they are a close contact or they have tested positive, and their responsibility is to self-isolate. This is about encouraging people to comply with the regulations more than it is about hitting people with a stick.
Both my right hon. Friend and the hon. Gentleman spoke about the memorandum of understanding. I understand that it is between the Department of Health and Social Care and the Home Office. I will make some further inquiries about how that stands. I am not fully aware of the details, and I will get back to my right hon. Friend and the hon. Gentleman about that.
I was asked if the police had to request information on an individual or if they had access to the database. My understanding is that the police do not have open access to the Test and Trace database. This is about information on a need to know basis, when the police have been given information or when they are aware, or they suspect, that people are breaking the law. The police do not just access the database and take the information from it. My right hon. Friend and I have been in this place for a long time together, so he should know that I would not be happy with such a situation, purely from the point of view of civil liberties; I know he would not be happy with it either. The police have access to data that they request. I will write to him with further information on that, because there are many legal points around it. I know how thorough he is, and he will want those questions answered.
Can I press the Minister on that? I am not sure that her answer has helped, because she said that the memorandum of understanding was between the DHSC and the Home Office. I presume that individual police forces, not the Home Office, access the information, although I do not know that because we have not seen the memorandum. That is the whole point about publishing the MOU—it would reassure us.
I think the Minister has confirmed that the police would have to suspect an offence was being carried out in order to get information. We are still not clear about who asks for the information, who discloses it and who makes the decision about whether to disclose it, to whom and what other information is disclosed.
Those are the things that are worrying people; if we can all be reassured about them, I think a lot of people will then stop being worried about them. The Minister herself is an experienced medical practitioner—a trained and qualified nurse—so she will know how important it is that medical information is not disclosed beyond the needs for which it was ascertained in the first place, and also how sensitive such information is.
We are totally in tune on that. In terms of the present system of information, I misspoke: it is a memorandum of understanding between the Department of Health and Social Care and policing, not the Home Office—I should be quite clear on that. My apologies—I misspoke there.
The present system of information-sharing with the police is reactive; as I said, it is based on the police receiving information from Test and Trace following a report of a suspected breach of the regulations—I probably said that more clumsily in my previous answer. It is when somebody has contacted the police to say that they believe somebody is breaking the regulations, or when there is a gathering of people—I think we called it a “rave” in the regulations—and somebody has reported that a gathering is taking place, and some of those people should be isolating.
Just to be clear—I hope this will be my last question for the Minister—if, say, somebody’s neighbour rings up the police and says, “I think Mrs Bloggins has tested positive for coronavirus and isn’t self-isolating,” is that sufficient grounds for the police then to be given confidential health information about Mrs Bloggins, or does there have to be a bit more to it than somebody just ringing up and telling them something? I ask that because I think this is the bit that people are worried about—the basis on which the police asked for this information and the basis on which the DHSC will then give it to them. Again, it may be that all these questions are answered in the memorandum of understanding, in which case I really do think that if the Minister published it everyone would probably let out a big sigh of relief and would not be very worried about this—I hope that that is what we would find.
Our police are very responsible individuals. If they receive a report that somebody is believed to be breaking regulations, or breaking isolation, they will not automatically ask Test and Trace for the individual’s information before they have carried out an assessment of the situation. They would need to clarify for themselves whether a breach was actually taking place, such as a breach of the numbers—for example, if it was not a single-household individual mixing within their bubble. They would have to assess the situation and see if the regulations were being broken. If they were being broken, the police would have the right to revert to Test and Trace to ask for clarification on the individual’s details.
Both my right hon. Friend and the hon. Gentleman are pursuing a definition—as my right hon. Friend knows well—in legal terms within the legislation. I will need to seek legal clarification and write to both of them with the details on that point.
I completely agree. I have just been informed, in the form of our old notes, that the memorandum of understanding is currently being updated to reflect feedback from the Information Commissioner’s Office and the recent changes made by this SI.
This is my final point, and it is probably less for the Minister and more for her colleagues in the Whips’ Office. There are a number of complex legal questions, which the Minister says she will write to the Committee about. That is perfectly understandable, but may I ask for an assurance, either from her or from those who are listening, that the House will not be asked to take a decision on this statutory instrument until the memorandum of understanding has been published and she has furnished the Committee, and indeed the House, with answers to the questions that have been asked? It would not be acceptable for us to ask questions and for her reasonably to go off and make inquiries, and then for the House to be asked to make a decision tomorrow before Members have been furnished with that information. That would not be an appropriate way to behave, especially as the regulations have come into force before being debated by the House. If she cannot give that assurance, I hope that others are listening and will feed that request back through the usual channels.
I thank my right hon. Friend for his points. As a former Chief Whip, he knows that these conversations will be taking place through the usual channels. I am glad that his comment was not directed toward me, because, as he also knows, the decision does not rest with me.
My closing remarks will cover some of the points that have been raised, but if I do not have the answers to any of them now, I will, as always, respond in writing. I really do thank both my right hon. Friend and the hon. Gentleman for the important contributions they have made today. The hon. Gentleman did not go too far outside the scope of the SI this time, as he often does. He usually goes miles off-piste, but today he was very well behaved, and I thank him for that. I absolutely take on board the point made by my right hon. Friend. When we are fighting a virus, with the Department of Health, public health bodies, SAGE and everyone else involved, the probing questions asked here help to create better laws and a better process. Hopefully, we are all trying to do the same thing—to get back to normal as soon as it is safely possible to do so. Anyone’s efforts as part of this process are as valuable as everyone else’s, so I thank my right hon. Friend and the hon. Gentleman for their probing questions and for pushing me on certain points, because that will create better answers.
The Government have always been clear that the highest priority is managing this national crisis, protecting the public and saving lives. As I stated in my opening remarks, the amendments in the SIs are necessary and proportionate for legal coherence and clarification. [Interruption.] Don’t worry, I haven’t got covid; I coughed because I have been talking so long. The ability to enforce more effectively and issue enhanced FPNs will ensure that we limit the spread of the virus and increase compliance, protect the NHS and safeguard public health.
Coronavirus remains a serious threat. The current level of confirmed cases and the identification of new, more transmissible variants of covid-19 have reinforced existing patterns. As during the first peak, we are witnessing a high number of infections, hospital and intensive care unit admissions and, sadly, high mortality rates. Even when mortality rates are not high—there are dips—that does not mean that our ICU beds are not full of people being treated for covid. If we are managing to keep people alive, that is a good thing, but it does not mean that beds are not full or that we are not trying to protect our NHS and prevent it from falling over. We continue to mitigate the threat to our NHS before it becomes overwhelmed, and strive to give it the best ability to provide a safe and effective service for all. Protecting our NHS is about keeping beds available and enough staff on the wards to treat people when they come in and need that treatment in order to save their lives.
It has been necessary to make a number of minor technical amendments to the all tiers regulations to provide coherency and ensure that there is no confusion about these measures, all of which have been implemented to limit transmission and reduce the spread of the virus.
As set out previously, the intentions of the amendments to the all tiers and self-isolation regulations are threefold: to reduce contact between people who do not live together, to drive down transmission; to increase fixed penalty notices for those caught attending illegal gatherings, to increase compliance; and to enhance data-sharing with the police to improve the evidentiary chain, to support effective enforcement against those who breach their duty to self-isolate. To issue a fixed penalty notice, the police need to be satisfied that they are engaging with the right person—this comes back to the substantive point that was raised a number of times during this debate: they need to be sure that they are engaging with, and issuing the FPN to, the right person—that the person is aware of their duty to self-isolate, and that the person has indeed breached that legal requirement. These changes to the self-isolation regulations will support the police in taking effective enforcement action when that is appropriate.
Fixed penalty notices for those caught attending illegal gatherings, such as house parties, of more than 15 people will double for each successive offence, up to a maximum of £6,400. There is one point on which I will not have to write to the hon. Member for Ellesmere Port and Neston. He asked, “Why 15? Why is that the number?” This will just take the number of questions to be answered down by one. This is the new fine for attending larger gatherings, where there is a higher risk of spreading the virus, which goes back to my point that we know how and where the virus travels and where it is most transmissible. It was the scientists who decided this: it was seen as the right level, balancing public health risk versus social impact—for example, the impact on larger households. There continues to be a fine for breaching covid regulations, including by attending a gathering of 15 or fewer.[Official Report, 22 February 2021, Vol. 689, c. 4MC.]
(5 years, 5 months ago)
Commons ChamberI am grateful to the hon. Gentleman for his question. The primary care networks have done a fantastic job in delivering the vaccine roll-out and will continue do so as we go beyond the first four cohorts into cohorts 5, 6, 7, 8 and 9 and then the next phase. Of course we want to make sure that people have choice. He will know by 2 pm, I think—when the next set of data is published—that his STP has reached 89% of the over-80s, which is an incredible achievement, the bulk of which has been done by the primary care networks. We will continue to support those networks. Through him, I send my thanks and appreciation to them and say that we will redouble our efforts to make sure that they get the vaccine doses that they need to get through not just the first four cohorts, but beyond that to the deployment programme for groups 5, 6, 7, 8 and 9.
I am very pleased that the Government have agreed that, once the vaccines have become effective for the first four cohorts from 8 March, we can start unlocking the economy. Does the Minister agree that, once the first nine groups have been vaccinated, accounting for 99% of deaths and about 80% of hospitalisations, that would be the right time for all restrictions to be relaxed so that we can get back to living as normal, with our children back at school and the economy fully open?
There is no one who wants to see the economy open and functioning as soon as possible more than my right hon. Friend and the Prime Minister. As my right hon. Friend the Member for Forest of Dean (Mr Harper) rightly points out, the deadline for the top four cohorts is the middle of February. If we go forward three weeks from there, that is when the protection of the two vaccines really kicks in. The plan is to reopen schools on 8 March, after which we will gradually reopen the economy. It is important also to wait for the evidence. As I said earlier, the Vivaldi study and the SIREN study will enable us to see the impact of the vaccines on infection rates and on transmission. We are getting some really positive data from Israel and, of course, from the Oxford team. That will be our own robust evidence and, as the Prime Minister said, we will then share with the House on 22 February the roadmap of how we intend very gradually to reopen the economy.
(5 years, 5 months ago)
Commons ChamberWe have put a significant amount of extra funding into supporting children’s mental health alongside adult mental health. We know that one of the consequences of the lockdown, which is absolutely necessary, is that it puts significant pressure on mental health services. We have seen the increased burden on those services, and it is very important that people get the support they need.
May I add my congratulations to those who have been rolling out the vaccine? I listened carefully to what my hon. Friend the Member for Kettering (Mr Hollobone) said, and I want to put on record my thanks to those in Gloucestershire, which, as of last Thursday, was the top performing part of the country. Hereford and Worcestershire next door was the second highest performing part, which kind of makes them the highest-performing roll-outs in the whole of the western world. I thank the Secretary of State for his help and that fantastic performance.
I want to take the Secretary of State back to his answer to my hon. Friend the Member for Winchester (Steve Brine). The whole point of the vaccine roll-out is to ensure that we protect the vulnerable, reduce the death toll and reduce hospitalisations and the pressure on the health service. Given that the vaccine roll-out is going so well and is, I suspect, ahead of where the Secretary of State thought it would be, will he confirm that when schools start going back on 8 March, it will be those two metrics falling—deaths and hospitalisations—that will guide the reopening of not just schools but the rest of the economy?
The Prime Minister has set out four metrics that we will follow. Deaths and hospitalisations are two of them, and they are both incredibly important. We expect deaths to fall faster than hospitalisations, because older people who are higher up in the JCVI cohorts are more likely to die by a greater degree than they are more likely to use hospital beds. The other two considerations are that we do not see further new variants that put all this at risk and, of course, that the vaccination programme rolls out well. I would not say that the vaccination programme is ahead of plans. I would say that it is on track; I make no further claim than that.
(5 years, 6 months ago)
Commons ChamberYes, it is very much part of the plan; it is happening right now. On mutations and the link to the vaccine, as with flu, where mutations mean we have to change the vaccine each year, any vaccine might have to be updated in the future, but that is not our understanding of the situation now. Of course that is being double-checked and tested, both with the scientists at Porton Down and, as we roll out the vaccine in areas where there is a high degree of the new variant, and by the pharmacological surveillance of those who have been vaccinated, which will allow us to see for real the impact of the vaccine on the new variant. The goal, as my right hon. Friend the Prime Minister said, is that by the middle of next month we plan to have offered the first dose to everyone in the top four priority groups, and they currently account for four out of five covid fatalities. I am not sure that this point has fully been addressed, but the strong correlation between age and fatality from covid means we will be able to vaccinate those who account for four out of every five fatalities within the top four cohorts. It does then take two to three weeks from the first dose to reach immunity, but the vaccine is therefore the way out of this pandemic and the way to a better year ahead.
Yes, but then I want to make some progress on the detail of the regulations.
I am grateful; it is on the specific point that my right hon. Friend has raised. He knows I understand it, because it is exactly the one I raised with him in this House last week when we were recalled, and I welcomed the Prime Minister’s commitment to it. To go back to the question from my hon. Friend the Member for Winchester (Steve Brine), my right hon. Friend is clear that once we have vaccinated those four groups and they have got immunity, we have therefore taken care of 80% of the risk of death. So what possible reason is there at that point for not rapidly relaxing the restrictions in place on the rest of our country?
We have to see the impact of that vaccination on the reduction in the number of deaths, which I very much hope we will see at that point. That is why we will take an evidence-led move down through the tiers when—I hope—we have broken the link between cases and hospitalisations and deaths. We will need to see the protection in lived reality on the ground, but we will watch this like a hawk. My aim is to keep these restrictions in place for not a moment longer than they are necessary.
I can assure my hon. Friend that the agreed schedule of delivery will enable us to offer vaccinations to everyone in the top four priority groups by the middle of February. That is why the Prime Minister was able to commit us to that schedule.
I want to talk about the support that has been outlined. We are providing an additional £4.6 billion of support to businesses, including those in retail, hospitality and leisure that have been forced to close their doors once again, on top of the £280 billion plan for jobs, which includes the extension of the furlough scheme until April.
I will be brief—I do not want to try your patience, Madam Deputy Speaker. My hon. Friend the Member for Winchester (Steve Brine) raised his point because earlier this week we had a fantastic call with our hon. Friend the Minister for Patient Safety, Suicide Prevention and Mental Health, who is responsible for vaccine delivery, in which we asked a number of times about the agreed schedule but did not get a clear answer. If it has been agreed with the companies, why can my right hon. Friend not just publish it, so that we know when the vaccine will arrive? That will give people confidence that we will deliver on the Prime Minister’s commitment to the country.
I will happily take that point away, but I can tell my right hon. Friend that that supply allows for delivery on the schedule and the target the Prime Minister set, to which my whole team is working.
I thank you, Madam Deputy Speaker, and the House staff for ensuring that we were able to be recalled today for the second time in a week to debate these important matters. It is important that this House is at the centre of this debate.
I recognise that the new variant, the significant growth in cases and the resulting pressure on the NHS means that we are in a different position than the one that we faced in November. For that reason, I will not be opposing these regulations, as I did when the Government brought them forward in November. None the less, I do agree with what my hon. Friend the Member for Altrincham and Sale West (Sir Graham Brady) said, which is that running the regulations all the way to the end of March is too far a distance in the future. It seems that the obvious checkpoint for the Government to come back to this House to seek the authority to proceed is the middle of February, when the Prime Minister set a very clear goal to have vaccinated the four first groups that the JCVI set out and when the Government will have to make a decision about whether schools return after the February half-term. It seems to me that that would be the point when the Government should bring that information to the House, set out their proposals hopefully to relax restrictions and to get children back to school, and seek the House’s authority to do so. I suggest that Ministers go away and reflect on that and come back to us next week when the House returns after the recess. I think that that would be welcomed by colleagues.
On the point about schools, I just wonder what my right hon. Friend’s view is on the vaccination of teachers. If keeping schools open is such a priority for the Government, as it is and as it should be, then surely however difficult it is to move that group up the vaccination list, it has to be something that we consider. To open up schools after half-term, it has to be something that we do pretty much pronto.
I understand the point that my hon. Friend is making, and it has been made by others, but I have to say that, for me—obviously, I am not a clinical expert—the JCVI has got it right. No matter how important schools are, the priority must be focused on reducing the number of people who are going to die and the pressure on the health service. Those are the right choices to make. The risk to many teachers—those who are much younger and those who do not have underlying health conditions—is very low. If they are in the high-risk groups with, for example, a serious underlying health condition, they will already be on the list to be vaccinated earlier according to what has been set out. That is the right approach. As soon as we move away from that, every group of frontline workers potentially exposed to the virus will make an argument that they should be higher up the list, and that would not be a sensible way for the Government to proceed, so they should stick to the process set out by the JCVI.
I have two final points. On the vaccination schedule, maximum transparency, as the Prime Minister said, is welcome. In reporting daily vaccination numbers—by daily I assume that we mean seven days a week, not just five—I urge the Government to publish as much information as possible, including by region and by cohort, so that we can see how this is going and which regions of the country are going well. Potentially, we could have some positive competition where people are trying to do better. My own region in Gloucestershire is making good progress, and I would be pleased to see that information in the public domain. The agreed delivery schedule for suppliers ought to be published, as that would give people confidence and we could all focus, putting it in terms that the Prime Minister would use, on getting vaccination done. That should be the nation’s No. 1 goal in the next few weeks.
Finally—and I know that this has been discussed outside the House—vaccinating priority groups does not just reduce the risk of death by a huge amount, by about 80%, but reduces hospitalisations by almost 60%, which reduces the pressure on the national health service. Both those factors mean that once we have vaccinated the first four groups we can be bold about looking forward to relaxing restrictions, and I hope that the Government can come forward at the earliest possible opportunity.