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

Baroness Barker Excerpts

Friday 18th September 2020 Lords Chamber

[Baroness Barker (LD)]

My Lords, regarding the Coronavirus Act passed in March, the Joint Committee on Human Rights made the following statement about the powers the Government assumed for themselves under that Act:

“Such extreme measures can only be considered lawful, justified, necessary and proportionate if (1) the threat from disease and death remains sufficiently significant to justify such extraordinary measures; (2) the measures only interfere with human rights and civil liberties to the extent necessary; (3) the measures are enforced in a clear, reasonable and balanced manner; (4) enforcement is authorised, and does not go beyond what is prohibited, by law.”


We can all agree on the first point. There is a very real threat from this virus but, six months on from the passing of that Act, we have to question the Government on the three other aspects pointed out by the Joint Committee.

On the previous set of regulations we debated this morning, the Minister said, “We now understand the nature of transmission of the virus”. If that is so, when will he publish the evidence that lies behind that statement? While the Government may understand it, individuals do not. I come from the standpoint that most people in this country want to do the right thing to protect themselves, their families, other people and their businesses, and they are genuinely confused about what to do.

Having looked at these regulations, with all the exemptions in them I do not think it would have been possible to make it much more difficult for anybody trying to enforce them if you tried. Therefore, given that we are now way behind on scrutiny as it should have been done, we are at a point where we can ask what their effect has been in practice. How many fixed penalty notices have been issued under these regulations? Who are the main recipients of FPNs, and in what areas? What information do the Government have about compliance rates in different types of venue, such as places of worship versus clinics or pubs? It is important that we get that information to inform the next set of regulations, which will inevitably follow from these.

How many court proceedings have been initiated under these regs? Again, what are the characteristics of the people who are being taken to court? How many fixed penalty notices have been given because of a failure to wear a mask on public transport? I too sat on a Tube train yesterday with two people not wearing masks. Everybody’s response was typically British; we did nothing but read the paper. The people may well have had a good reason and an exemption—I have no idea—but nobody there knew.

I want to come on to the key issue of communication. The Government have been communicating in difficult circumstances, but overall I think their communication has been extremely poor. The new regulations for the north-east came into force last night, but they were still not up on the government website this morning. They are on legislation.gov.uk—but individuals, people running businesses and local authorities would not know what they were supposed to be doing and how they were supposed to comply. Leeds asked for a limited restriction for a particular purpose, because it could see a reason for it, but that was turned down by central government for no good reason.

The Government have spent an awful lot of money; they have spent £840,000 with one company run by close associates of Dominic Cummings and Michael Gove. I have to ask on what basis its work will be evaluated, because the Government’s communication has been confused and inconsistent. If you compare it with some of the international comparators, such as Italy—not a nation generally known for a compliance with the law—it has had very clear messaging, and rates of compliance are very high.

The rule of six is a nonsense, and I think that people have worked out for themselves that it is arbitrary nonsense. Six individuals from different households meeting up every day, and six other individuals the next day—there is no way in which it makes sense, particularly in the absence of effective and timely test and trace data.

Earlier this week, on an Urgent Question, my noble friend Lord Scriven as asked why the Local Government Association did not receive local lockdown plans notice until one hour before the announcement. The Minister’s response was telling; he said

“it must have been the last one on the list”.—[Official Report, 14/9/20; col. 1000.]

That has been the fundamental problem all the way through: central Government think that they and their mates know better than the people who work in local government or the local public service agencies who are going to have to implement this.

I suggest to the Minister that, if he cannot answer my specific questions now, on this occasion can he write to me? We have to stop more daft ideas such as Covid marshals and come up with a coherent plan to work with local government in ways outlined by my noble friend Lord Greaves. This legislation is going to be reviewed, and it needs to be reviewed on the basis of evidence, not wishful thinking by government.