Coronavirus Act 2020

Baroness Foster of Oxton Excerpts

Tuesday 26th October 2021 Grand Committee

[Baroness Foster of Oxton (Con)]

My Lords, I will begin by reflecting on how we arrived at this point today: a gentle reminder of the course of this pandemic might be useful. In September 2019, four months before the rest of the world was alerted to Covid-19, the Chinese authorities were temperature-testing passengers at Wuhan and other airports across China. I spent more than 20 years in the aviation sector prior to my 20 years’ travelling to Brussels and Strasbourg, so you could say that I have landed at quite a few airports. However, I had never seen, in my entire career and in my life, such a measure ever taking place. However, it was not until the end of December 2019 that they let it be known that there was a problem. In the run-up to Chinese new year, thousands of nationals and others, living and working across Italy and the rest of Europe, flew to Wuhan and elsewhere to celebrate new year—only to find that it was cancelled. So they flew back. They were none the wiser. Europe was on holiday—skiing in Italy, France, Spain and Austria—and oblivious to the situation, quite rightly. And so it unfolded.

But it was not the first time. In 2002, SARS broke out in China and, yet again, the World Health Organization was not notified for six months. Fortunately, by comparison, it was not as lethal; nevertheless, it is known that Covid-19—or SARS-CoV-2—is closely related. Sadly, this virus has killed millions. The World Health Organization has not been allowed to investigate thoroughly, but the thinking is that it must have come from a lab. So I just wonder when the Chinese authorities will be held to account, as they continue to propagate the source as a wet market—which, ironically, they are again operating across China.

As we look at the consequences, we should also put the situation in context. Fear of the unknown caused all Governments across the globe to react quickly, and the first lockdown was supported, I would say, by the vast majority of the country. We did everything that we were asked to do: hands, face, space; isolated, stayed at home, did not mix; and practically washed our hands raw to save the NHS. The silver bullet would be the vaccine—and they were right. It was a phenomenal success, which I wholly support. But these measures have continued, off and on, and the consequences have been horrific.

Under the Act, citizens were arrested for sitting on a park bench. People were followed by drones just for going for a walk. Police were going into private premises to check whether people were there. And it got worse: locking up students on campus; closing schools and businesses across the UK; the Government telling people whom they could talk to and sleep with; and locked-away, vulnerable elderly people, many of whom never recovered. Daily mainstream media, particularly the BBC and Sky News, were always frightening the life out of most of us—and the £300 million budget will continue until next year.

So the vaccine was a godsend. They said once the over-50s were vaxed, we could open up—but it did not happen. We waited, with the population becoming more anxious and ill by the day. Yet, despite the success of the vaccine programme, the sword of Damocles still hangs over our heads. Some scientists, medics and politicians want to bring back restrictions now—which I vehemently oppose, along with any imposition of a domestic vaccine passport.

That brings me to the context. In 2020, according to the ONS, 680,000 people died in the UK. Approximately 70,000 had Covid on their death certificate. The average number of deaths ran at 1,800 a day. The major causes were dementia, cancer, heart disease, strokes et cetera. About 10% of those had Covid on their death certificates, and I understand that around 5% died directly from that awful virus. That averaged about 90 people a day—and that is 90 too many, because we want to eliminate this, hopefully, at some stage in the future. But it is not easy.

Fortunately, the vaccines are effective and the medicines now available are truly ground-breaking, with the majority fully recovering. Although the elderly are still at risk, the over-65s are now back to normal for this time of year. Positive tests are predominantly among older teenagers, who are not at risk. For those keen to impose plans B, C and anything else, the fact is that 200,000 teenagers have been referred for mental health treatment in the last three months—that does not even come into the elderly and the vulnerable—alongside the millions of patients waiting for diagnosis and treatment on the NHS. Front-line medics are waiting to operate but patients are not being referred, because of Covid restrictions, by GPs and others. Along with the Nightingales, the NHS spent £400 million a month requisitioning 8,000 private beds and 20,000 staff, and managed to refer eight patients a day.

That brings us to the true cost; this is just the tip of the iceberg. The Coronavirus Act 2020 is past its sell-by date. Notwithstanding the urgency to legislate speedily, it is blindingly obvious that the Act has major flaws. There was no parliamentary scrutiny, and even now it is a take-it-or-leave-it approach every six months. This legislation affects people’s everyday lives and criminalises ordinary behaviour. It continues to use delegated rather than primary legislation to implement changes in policy. New laws come into effect at very short notice; there are no impact assessments—or very few—and little debate. They continue to portray public health advice as having the force of law, which is wrong. This is unacceptable and highly dangerous, and results in police forces acting beyond their powers by enforcing government guidance rather than law.

I have outlined my thoughts on some of the actions taken so far. As mentioned, it has been difficult to debate, as anyone challenging the status quo is seen as some sort of anti-vaxxer or troublemaker. It is about listening to all sides of opinion, so I conclude by noting that many scientists and medics do not agree with some of the decisions that have been made. As mentioned, the mainstream media is still bringing messages of doom and gloom on a daily basis, nearly two years on. The time has come to manage where we are.

Other countries have been mentioned but let us look at Scandinavia. A month ago, Denmark, Finland, Sweden and Norway lifted all restrictions. They stated that we need to get back to normal. I agree. Living in fear is not living at all. I therefore urge my noble friend to actively address the lack of scrutiny and parliamentary debate as we move forward.

--- Later in debate ---

[Lord Kamall (Con)]

Before I answer that in more detail, perhaps I may say that we are not putting SAGE into a subordinate role. It is independent and we rely on its advice. However, as I mentioned, we also rely on the Chief Scientific Adviser, the Chief Medical Officer, the UK Health Security Agency, the NHS and others, and balance up views within the scientific and medical professions. I hope I have also laid out the range of data that is examined. The decisions are data-led. We look at immunity, the ratio of cases to hospitalisations, proportional admissions and so on to see whether the data suggests that the NHS will be overwhelmed. That is what leads to the difficult decision-making and balancing up whether the time is right.

One noble Lord—I think my noble friend Lord Ridley —and many others referred to the research of the London School of Hygiene & Tropical Medicine showing the range of views. Some scientists are saying that the virus will grow while others are saying that if we keep doing what we are doing and rely on the booster vaccines, the numbers will drop off. As one can imagine, there is a range of views but I reassure the noble Lord, Lord Hunt, that we have not relegated SAGE. It is independent and we listen to its advice, as we listen to the advice of others.

On face coverings, the point made by my noble friend Lord Robathan was interesting regarding people who say they are in favour of face coverings but, as he sees when he travels on public transport, a smaller percentage wear them. That shows some of the difficulties in polling, whereby there are stated preferences but also revealed preferences. Although many people say that they will do things, one should judge them by their behaviour. I note that my noble friends Lady Foster and Lord Ridley also raised concerns about the efficacy of wearing face masks.

SAGE evidence states that face coverings, if they are worn correctly and of suitable quality, are likely to be most effective, at least in the short to medium term, in reducing transmission indoors where social distancing is not feasible. Reviews by the UK Health Security Agency in June 2020 and January 2021 found evidence that the use of face coverings in the community helped to reduce transmission. Once again, we have a range of views on the efficacy of face masks.

My noble friend Lord Robathan talked about schools, universities and transmission. In universities, there have been low case numbers among students since the end of the 2020-21 academic year, although there have been slight increases in recent weeks.

My noble friends Lady Foster and Lord Ridley asked why the Act was not being repealed. Correct me if I am wrong, but I believe the noble Baroness, Lady Fox, also asked that. Throughout the pandemic, the Government have been clear that the measures will not be in place any longer than absolutely necessary. That is why we are expiring a number of powers in the Act and intend to expire even more when, we hope, there will be a significant landmark in our progress. The two-year lifespan of the temporary provisions of the Act was chosen to ensure that powers remain available for an appropriate length of time and can be extended by the relevant national authority.

My noble friend Lord Balfe asked about test and trace, and the cost. We have released £280 million in funding thus far, which is broken down as follows: £114 million to cover the costs of the main test and trace support system, £116 million for discretionary payments, and £50 million for administrative costs.

My noble friend Lord Naseby asked about minority vaccine uptake. He asked what the Government were doing to drive uptake among ethnic minority communities. We are well aware of this issue and a lot of work is being done with a number of local community associations to work out the best way to reach them. Only yesterday, I asked the noble Baroness, Lady Benjamin, about how we could tackle particular demographics and got some very valuable advice from her on how we could focus. I fed that into the department, so hopefully that will be part of our strategy. What we have seen is pop-up temporary vaccination sites at many places of worship and community locations. One of the things we have been advised is to go to where the unvaccinated are and to see how we can pursue a targeted campaign.

The noble Baroness, Lady Brinton, asked whether there would be a charge for lateral flow tests. Anyone in England can continue to order free lateral flow tests. I am afraid that I am going to run out of time, so I will write to noble Lords.

[Baroness Foster of Oxton (Con)]

May I just make a point? My noble friend obviously spent a lot of time on certain aspects of this debate, but he tended to skip a little bit past the issue of whether plan B would be introduced. My question is—because I think it is very key—what exactly the benchmark would be to introduce something such as plan B. The NHS has been overwhelmed every year that I can remember during the winter for the last however many decades. At the moment, fewer than 5% of hospital beds are currently occupied by patients with Covid. I appreciate it is under pressure—we might have more flu cases, et cetera—but I would like a little bit of clarification on what the Government would see as that benchmark, because this is a big decision that I would not actually support.

[Lord Kamall (Con)]

I thank my noble friend for that question. One of the difficult things about answering it—believe me, it frustrates me as much as it does the noble Baroness—is that there is no set indicator, no one silver bullet or trigger point. There is a range of indicators that we will balance up to measure how they will affect the NHS and whether the NHS will be overwhelmed.

I know it has been a difficult 18 months, and people across the UK have risen to the challenge of Covid-19. We hope that the Government’s support package has helped to safeguard jobs, businesses and public services. With continued perseverance during the autumn and winter months, supported by only those essential powers remaining in place, subject to the scrutiny of noble Lords, I hope that we will get through this. I thank noble Lords for their contributions to this debate and previous debates: their expertise and the range of views expressed are hugely appreciated. I also thank everyone across the UK for the sacrifices that they have made over the period.

I end by repeating my earlier plea to everyone to do their bit. As my right honourable friend the Secretary of State for Health and Social Care made clear, quite small changes can make a big difference. Both my noble friend Lord Naseby and the noble Baroness, Lady Merron, mentioned messaging. We all have a role to play in combating this virus, especially during winter, which we know will be a challenging period. We can all do our bit by washing our hands regularly, continuing to wear masks in crowds and on public transport, testing regularly where appropriate, staying at home when we feel unwell, and, most importantly, getting fully vaccinated against both coronavirus and flu—and urging friends and family to do so. By remaining vigilant together, we can help limit the spread of the virus in the months ahead. I commend the regulations to the Committee.