Health Protection (Coronavirus, Wearing of Face Coverings on Public Transport) (England) Regulations 2020

Baroness Bull Excerpts

Wednesday 8th July 2020 Lords Chamber

[Baroness Bull (CB) [V]]

My Lords, Regulation 4 provides a list of reasonable excuses for exemption, including physical or mental illness, disability or the inability to wear a mask “without severe distress”. The extent of this list is welcome, but the inclusion of “severe distress” as an excuse raises questions about how this can be flagged by an individual or their supporter without causing additional distress. The discretion of operators, to which the Minister referred, is clearly critical. Publication of this legislation on a Sunday, for implementation the next day, left no time for any process of adjustment or awareness campaigns, or for the production of posters highlighting exemptions. Stories emerged of disabled people reported by fellow passengers and of staff refusing entry, even when the exemption had been explained.

It is clearly in the interests of those with mental health issues or impaired decision-making to be supported to wear a mask, but it will not be possible for everyone, which leaves the threat of criminal sanction hanging over the individual and, possibly, the person supporting them, as Regulation 6(2) makes it an offence for a person to obstruct, without reasonable excuse, any person carrying out a function under these regulations.

Can the Minister press the importance of government messaging making it clear that not everyone will be able to wear a mask, and can she confirm that transport staff are receiving adequate training to deal sensitively with people exempt from this legislation?