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

Alec Shelbrooke Excerpts

Monday 14th September 2020 General Committees

[Ms Dorries]

I will look further into what the urgency was, but I imagine that the evidence that we were getting at the time was that face coverings could prevent people who might be asymptomatic from spreading or contracting the virus. Any measure that can stop an increase in the incidence of coronavirus would have been deemed necessary to halt coronavirus, to stop it increasing in the community and to save lives. I will come back to the hon. Gentleman with further information on that.

The regulations are exceptional measures that have been brought forward to mitigate the unprecedented impact of the covid-19 pandemic, and they comply with all the Government’s obligations in relation to human rights. Above all, the regulations can help to save lives. I urge the Committee to approve the regulations, so that we may continue to use these powers to save lives. The regulations are a necessary response to the seriousness of the situation and the imminent threat to public health that is posed by the spread of covid-19, which is why they were brought into effect under the emergency procedure approved by Parliament for such measures.

It is important that the Committee is able to scrutinise the regulations through this debate. Further amendments were made to the regulations to extend the requirement to wear a face covering to a wider list of indoor settings that are now open to members of the public. Those amendments will be debated at a later date. This debate will therefore focus only on the regulations as they were originally made in July. This country has been, and still is, engaged in a national effort to beat the coronavirus, thanks to the hard work and sacrifice of the British people. Guided by the science, this progress has allowed us to cautiously ease lockdown restrictions, allowing sections of the economy, such as the retail and hospitality sector, to reopen.

[Alec Shelbrooke (Elmet and Rothwell) (Con)]

I am grateful to my hon. Friend; she is being very generous with her time.

I want to return to my hon. Friend’s comment about the regulations being debated in the House at a later time. Is she saying that we will eventually debate them in the House? I will support the regulations, so she need not worry. We are where we are, but there is a lot of debate about whether face coverings are necessary, and it needs to take place on the Floor of the House. Is the intention that the regulations will be debated on the Floor of the House?

[Ms Dorries]

These regulations are up for debate every six months anyway, because they are only temporary. Even at that point, they would be up for debate. I cannot tell my right hon. Friend when they will come before the House, but they certainly will do at some stage, particularly as we have an obligation in law to bring them to the House for debate.

To coincide with the easement of some restrictions, we introduced the regulations to give members of the public the confidence to visit public indoor spaces safely, and to enhance protections for people working in such settings. This was explained by the Secretary of State when he addressed Parliament on 14 July and announced the measures.

There has been support for the policy in the retail sector. For example, the chief executive of the British Retail Consortium said that, together with other social distancing measures, face coverings can make shoppers feel even more confident about returning to the high street. Additionally, the chair of the Federation of Small Businesses said:

“As mandatory face coverings are introduced, small firms know that they have a part to play in the nation’s recovery both physically and financially, and I’m sure this will be welcomed by them.”

Therefore, we are confident that this was the right step to take.

The Government have continually reviewed and refined their advice on face coverings, led by the latest scientific evidence. Prior to the regulations, the Government were already advising the wearing of face coverings in enclosed spaces where people might find it difficult to maintain social distance and might come into contact with others they would not usually meet. Furthermore, face coverings have been mandatory on public transport in England since 15 June. While face coverings are not a substitute for social distancing and good hand hygiene, the scientific evidence suggests that, when used correctly, face coverings may have some benefit in reducing the likelihood of those with the infection passing it on to others, particularly if they are asymptomatic.

--- Later in debate ---

[Ms Dorries]

I will come to explain that a little further in my speech, but we take the evidence on face coverings from a variety of sources: not only the Scientific Advisory Group for Emergencies but the behavioural insights team at the Department of Health and the New and Emerging Respiratory Virus Threats Advisory Group.

When the retail sector reopened and footfall increased, we wanted to enhance protections for members of the public and ensure we were taking the necessary steps to build on the progress we continued to make in reducing the transmission of the virus. That is why we have made it mandatory to wear face coverings in indoor places such as shops, supermarkets and enclosed shopping centres. Similar measures have been adopted in Scotland and Northern Ireland and internationally in countries such as France, Germany and Spain, to name just a few.

I will now outline what the regulations do and set out the policies and processes underlying their development, implementation, monitoring and review. As I have said, the regulations introduced a requirement on members of the public to wear a face covering in relevant places such as a shop, supermarket, enclosed shopping centre and indoor transport hub unless they are exempt or have reasonable excuse not to. The regulations do not apply to employees working in those settings. The wearing of any protective clothing or personal protective equipment by the workforce is a matter for employers following a risk assessment and is part of their health and safety responsibilities. Definitions of shops and transport hubs are included in the regulations, as well as a list of premises that are excluded and where a face covering is not mandatory: for example, restaurants and bars.

The list of settings included reflected the premises that were open to the public at the time of making the regulations. As more settings reopened to members of the public, the regulations were amended to include additional indoor settings and provide more clarity to members of the public on where face coverings must be worn. Those amendments will be debated in due course.

Guidance on gov.uk describes a face covering as a covering of any type covering the wearer’s nose and mouth. People should make or buy their own. Guidance has been published online on how to make and wear a face covering. We are asking people not to use medical-grade PPE as that should be reserved for health and care workers. However, someone wearing PPE would be compliant with the regulations.

While the Government expect the vast majority of people to comply with the rules, as they have done throughout the pandemic, the regulations give powers to the police and Transport for London officers to ensure the requirements to wear a face covering. This could include denying entry to the relevant place and/or directing members of the public to wear a face covering. The police will use the usual four Es approach: explaining engaging and encouraging—and enforcing only as a last resort. In the event that a person fails to comply with a direction from a police officer or a Transport for London officer, a police constable is able to remove the member of the public from the relevant place.

The regulations also include powers for police constables, police community support officers or a TfL officer in relation to the relevant transport hub, to issue a fixed penalty notice to anyone over the age of 18 who is in breach of the law. At the time of making the regulations, that was a fixed penalty of £100, reduced to £50 if paid within 14 days of the notice being issued. Since making the regulations, we have made amendments to the penalty structure, with increased fines for repeat offenders. That is in line with the enforcement provisions in other coronavirus regulations. Parliament will have the opportunity to debate that amendment at a later date.

Although we want as many people as possible to wear a face covering, we recognise that some people are not able to wear one, for a variety of reasons. The regulations exempt children under the age of 11, employees or officials acting in the course of their employment in these premises, and emergency responders. There is no general exception on health or disability grounds. To reiterate, we recognise that, for some, wearing a face covering is not possible or would cause distress or difficulty, and there are certain situations in which wearing a face covering is not practical or reasonable.

The regulations provide a non-exhaustive list of circumstances that constitute a reasonable excuse, pursuant to regulation 3(1), for not complying with the legal requirement to wear a face covering in a relevant place. Such circumstances include where a person is unable to put on or wear a face covering because of physical or mental illness or impairment, or disability; where a face covering needs to be removed for communication through lip reading; where a person needs to remove their face covering because it is reasonably necessary to eat or drink; or where a person is required to remove a face covering for identification purposes. There is comprehensive guidance on what might constitute a reasonable excuse, including circumstances that are not expressly included in the regulations—for example, when a person is speaking to or providing assistance to someone who relies on facial expressions to communicate, or where a person needs to remove a face covering to exercise.

[Alec Shelbrooke]

I just want to build on that point. My hon. Friend will be well aware that I myself have impaired hearing. It is incredible, but what I have discovered is that you may think that you can hear someone, but unless you can see their lips moving, you cannot hear them. And that is in the normal context—I can hear everything perfectly well in this room right now, but if it is a busy area, I cannot. I am therefore grateful to my hon. Friend for making that clarification. I think that there should perhaps be a little more emphasis, for the understanding of people outside the House, that actually even those of us who are not registered deaf or anything like that do rely on seeing lip movement to hear people in a crowded room.

[Ms Dorries]

Having known my right hon. Friend for some years now, I of course do know that, and my own mother is almost totally deaf. It is incredibly distressing, particularly for the elderly who are deaf and can no longer hear/see what people are saying to them. I take on board my right hon. Friend’s point about deafness and face coverings. Taking all that into account, and even with my own personal life experience of how it affects people, I am still absolutely supportive of the fact that, on the basis of scientific evidence and recommendations to us, this is a necessary move, one that we have to undertake, to stop the increase of the virus within communities.

We have been working with stakeholders to ensure that staff are aware of the exemptions in place and that some people will not be able to wear a face covering. We are also clear that people do not need to prove that they are exempt from, or have a reasonable excuse regarding, the requirement to wear a face covering, and they should not be challenged about that. These regulations have been supported by a communications campaign explaining where face coverings are mandatory—I take my right hon. Friend’s point; that may need to be ramped up—how to wear one safely and encouraging understanding and awareness of those who may not be able to wear a face covering. We have set out the full details of this policy in our guidance.

As expected, reports indicate widespread compliance with the requirement to wear a face covering in relevant indoor settings, and surveys suggest that there is significant public support. The Office for National Statistics public survey showed that, in the period from 29 July to 4 September, at least 96% of adults in England had worn a face covering when shopping. The figure has remained consistently high. However, we should not expect participation to reach 100%, as there will always be those people who are exempt or have valid reasons why they should not be wearing a face covering.

Included in the regulations is a review clause requiring a review of the need for the requirements imposed by the regulations at six months—to answer the question about that. A sunset clause is included, so the regulations will expire at the end of 12 months after the day they come into force.

We will continue to monitor the impact and effectiveness of the policy in the weeks and months ahead, and we will develop our approach of enforcement and communicating the policy as necessary. I am grateful to all hon. Members for their continued engagement in this challenging process and in the scrutiny of the regulations. We will of course reflect on the debate to come. I commend the regulations to the Committee.

--- Later in debate ---

[Justin Madders]

My hon. Friend is absolutely right. We have, for now at least, got over the peak, although it seems that that may be changing. The explanation that the Government put forward at the time for the way these regulations were being introduced no longer applies. We have been dealing with this virus in this country for more than six months, and we really should be able to deal with legislation before it comes into force.

Members on both sides of the House and in the other place have repeatedly expressed their desire for these debates to be held in a timelier way to ensure full parliamentary scrutiny. Despite those multiple pleas and the Government’s assurances that they have listened to those concerns and are working hard to address the problem, it seems that, every time, we are still facing a rubber-stamping exercise seven weeks down the line. The Government think that that is enough to meet their democratic obligations; well, I disagree. Parliamentary scrutiny cannot be ditched because the timing is inconvenient. These regulations are too important not to be debated and given full and timely parliamentary scrutiny before they become law.

Senior Government Members raised concerns about the way legislation is being introduced, in response to the statement of the Secretary of State for Health and Social Care last Thursday. The weekend was full of senior Government Members raising concerns about the regulations that are coming into force today—again, without parliamentary scrutiny. It was not until about 11.45 pm last night—15 minutes before the regulations became law—that a copy of the new regulations appeared online. That gave people no time to examine them before they came into force, let alone allowing any opportunity for debate or scrutiny. That is no way to manage legislation or to govern. The Government’s handling of this pandemic has been too slow throughout, and they cannot continue to be slow in the way legislation is scrutinised.

I make this plea, as I have done on a number of other occasions: the Government should be aware that we remain extremely concerned about the continuing contempt being shown for parliamentary scrutiny. They can and should make the time to debate regulations before they become law. This week, former leaders of the Conservative party have been lining up to express their concerns about the Government’s proposals to act outside the law. Debating these issues before they become law is one way to restore public trust. It would say to people that the rule of law matters in this country, that the rules apply to everyone, that these restrictions are serious, not an optional extra, and that the Government do not consider themselves to be above the law.

We believe it is possible to arrange through the usual channels for these Committees to be set up at short notice, so that important regulations such as these are debated in a proper manner before they become law. If necessary, I will clear my diary to ensure the Opposition play their part in ensuring proper scrutiny and accountability for such regulations. We really do need to restore that—to get back to a position in which the rule of law is important in this country.

There also remains a question about why there was such a length of time between the announcement that these regulations were coming in and the laying of them. If the Government were really endeavouring to show they had listened, why did they not lay the regulations sooner, to ensure they were debated before recess and before they came into force? This concern was echoed in the other place, where a regret motion was tabled by Baroness Thornton. That motion said

“that this House welcomes the introduction of the Regulations, but regrets the delay in bringing forward the Regulations as Her Majesty’s Government has advised the public to wear face coverings in enclosed public spaces since 11 May, announced that face coverings would be mandatory in shops from 24 July on 14 July, and laid these Regulations under the made affirmative procedure on 23 July; further regrets that this delay has caused confusion over where people will have to wear face coverings due to the absence of detailed legal requirements being available in advance; and notes the concerns of the Secondary Legislation Scrutiny Committee in its 19th Report, published on 25 June, which urged Her Majesty’s Government ‘to ensure that the legislation follows on more closely from any announcement that they have made.’”

That sums up our concerns very neatly.

That regret motion also picks up on another issue that I am keen to raise, which is why it took so long for the Government to advise the public to wear face coverings, when the risks associated with airborne transmission were already known. As my hon. Friend the Member for Blackley and Broughton said earlier, these matters were being debated for several months before they became law. The World Health Organisation has long recommended wearing face masks; the Secretary of State himself has warned about asymptomatic transmission, and his own advice, published on 11 May, advised in favour of wearing face masks.

[Alec Shelbrooke]

I want to pick the hon. Gentleman up on that point about the WHO recommending face masks, because it was not clear. It was a movable feast. Personally, I question the way in which face masks are being used, and I would like to see the issue debated, but that is a debate for another day. However, in defence of the decisions that were taken, I would challenge the hon. Gentleman on that particular point. I do not think the information from the WHO was entirely black and white; I think it was changing as it went along.

[Justin Madders]

I thank the right hon. Gentleman for his intervention. He is correct that the WHO position was not absolutely certain to start with, but it crystallised at a much earlier point than when these regulations were introduced. It is also the case that the Government’s own advice from 11 May was that face coverings ought to be worn, so the question is why it took two months to make this advice mandatory, and another 11 days for this measure to come into force. Given that the Government’s own guidance issued in May advised in favour of face coverings, one can presume that, at that point, it had been decided that the science told the Government that it was in the interests of public health to wear face coverings. I am therefore at a loss to understand why it took so long to make that advice mandatory. I hope that when the Minister responds, she is able to shed some light on that.

--- Later in debate ---

[Alec Shelbrooke]

I will take a few moments to say some things to the Minister. I genuinely mean them as helpful comments, and I do not expect her to be able to answer them today. I will let her off the hook with that, and there are things to take away. I have a concern that has been explored slightly with the discussion of covid marshals, and it relates to data protection. We do not have the information on how some people will become covid marshals. Is it something that they volunteer for?

In my village, there is somebody—I will not name names—who has a very respectable profession but is known throughout the village for stealing personal information. He steals people’s personal phones, downloads the information and then causes trouble by texting and all sorts of things like that. We all know who it is. They could use their profession to become a covid marshal, and then they would get such data. I want to make a point to the Minister to take back to the Department and the Government, because I know she cannot answer my question today. What data protection provisions will be put in place for covid marshals? I assume that people will have to hand over quite a lot of personal data if they are stopped by somebody, and I have a genuine concern about the protection of that data.