Health Protection (Coronavirus, Restrictions) (Steps and Other Provisions) (England) (Amendment) Regulations 2021

Baroness Brinton Excerpts

Monday 7th June 2021 Grand Committee

[Baroness Brinton (LD) [V]]

My Lords, I declare my interest as a vice-president of the Local Government Association. As my noble friends Lord Scriven and Lady Tyler have said, once again we are reviewing and considering these regulations weeks after they have been implemented and published, in that order. It appears that even the routine renewal of SIs is a total surprise to the Government—or they may be treating our democracy with contempt.

The Secondary Legislation Scrutiny Committee noted:

“These national provisions came into effect on 17 May. However the Government published guidance on 21 May which said that to combat ‘the Indian variant’ people … should meet outside wherever possible and travel in and out of those areas should be avoided. This change was not publicised by the Government and caused considerable confusion … It appears that this situation was in part caused by continuing confusion over the status of government guidance and in part by failures in how the advice was communicated.”


The committee says:

“Recent events have illustrated why this is a significant problem: Guidance associated with both the travel regulations and the changes to restrictions in certain areas … have this week caused confusion for the public and have given rise to questions about enforcement, both of which undermine the effectiveness of the advice given.”


The blurring of lines between guidance and regulation, combined with poor communications, is a serious error that made the regulations unworkable, as the Government discovered to their cost.

These SIs will expire on 20 June, as other noble Lords have said—when Ministers, members of SAGE and scientists are all saying to us on a daily basis that the complete ending of restrictions is now very finely in the balance because of the steady increase in Covid delta variant cases over the last month, with cases back up to over 5,000 a day. Is this the right time to lift the ban on pupils wearing masks, when we are now seeing evidence of high spread in schools, including in Cherry Tree Primary School in my home town of Watford?

We agree with the Government that data, not dates, must rule the next set of decisions. What additional resources are being given to local authorities and local resilience forums to help them handle surges in variants of concern? Our local directors of public health are doing an excellent job but, in the areas of high surge, there are requirements for substantial intervention, which costs money. Can the Minister say whether those areas of high surge are receiving extra resources over and above the planned allocation for this year?

The Minister knows that on these Benches we believe in the importance of test, trace and isolate to keep people safe. I was slightly surprised this morning to hear the noble Baroness, Lady Harding, say on “Woman’s Hour” that she was dismissive of its key importance. We believe that it is clearly a vital tool to manage new variants and outbreaks.

The noble Baroness, Lady Harding, like Matt Hancock, talked a great deal about the progress of vaccination, and we applaud that progress. However, over the weekend the Secretary of State said that vaccination had “severed” the Covid link but “not broken” it. Pardon? The dictionary definition of “sever” is “break off”. Can the Minister explain what “severed but not broken” means?

The regulations are silent on advice for those people who, despite shielding being formally ended by the Government, are still under strict advice in letters from the Secretary of State to stay at home wherever possible, to get others to shop for them and not to go into any environment where social distancing is likely to be breached. The Government have been totally silent, but the charities Blood Cancer UK and Anthony Nolan have repeatedly asked for clear guidance for those who are immunocompromised and who have been told that, despite having two jabs, they are unlikely to have the antibodies for long. Will the Minister agree to meet me, them and other noble Lords interested in this issue? What provision is being made for this group of people, their families and friends to guide them through the next stage of learning to live with Covid? Total silence from the Government puts them in an impossible position, and possibly in unsafe surroundings.

We note that the regulations bring back international travel for leisure. We have repeatedly asked for clearer, broader rules, but today all we see is chaos at airports in Portugal as people rush back to avoid having to quarantine. Is this really the best way to do things? Can the Minister say whether the previously ineffective border measures—leading to queues at airports, people jumping on public transport to get home and people having to leave quarantine to get their tests done—have all now been resolved? In particular, are there improved checking arrangements to find forged test results?

The Minister has mentioned the pilots on isolation. Can he give us more details on those? What are “considerable payments”, and who is eligible? On the problem of people coming forward to self-isolate, the noble Baroness, Lady Harding, said this morning that the problem was getting them to come forward to say that they had had a lateral flow test in order to be able to go on working because they needed to earn money. Surely now is the time to reassure people by paying them their wages for self-isolation rather than asking them to go through a ridiculously complex means-tested application procedure.

If the Minister cannot answer all my questions now, please will he write to me with details?