Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and on Public Transport) (England) (Amendment) (No. 2) Regulations 2020

Baroness Jones of Moulsecoomb Excerpts

Monday 12th October 2020 Lords Chamber

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I declare an interest as a vice-president of the Local Government Association. I support completely the idea of wearing face masks. It is an incredibly sensible option, particularly for most of us here. However, I point out to the Minister that my experience suggests that it is mostly men of a certain age and of a right-wing persuasion who find it most difficult to wear face masks. Then there are those who wear them but do not cover their noses. It makes their noses look huge and I feel that, from the point of view of attractiveness, we should encourage them to put the mask over their noses as well. Quite honestly, I think of this as a public duty. I hope that other people wearing them will protect me and I certainly hope to protect others by wearing mine. If the wearing of masks helps to reduce the spread of the virus, it is an important part of collective action and solidarity between people.

However, perhaps the Government have not always made this completely clear and I am very glad that we are not hearing any more of their August talk about “returning to normal”, which actually means supporting London businesses but not supporting local businesses, which most of us have been doing. The regulations have added yet more complexity to the legal framework, with yet more piecemeal amendments. With the announcement today of a new coronavirus legal framework, would it not be a good idea to start consolidating the regulations as part of the exercise so that it is all made as simple and as clear as it possibly can be? In the past—and possibly still—the Government have muddled up and blurred the lines between guidance, advice and the law. This has resulted in a huge amount of confusion, especially for organisations such as the police.

I feel it is inherent in the regulations that the Government expect the virus to be around for some time. It is therefore time for an economic package that includes a universal basic income for everyone to support them through the next six months, to make sure that people can not only support the economy but feed their children and themselves and lead a reasonable life.

An issue that has exercised me throughout the coronavirus crisis is that the Government have been bypassing Parliament. I know there has been a debate in the other place today and that MPs are going to be able to speak on these new regulations tomorrow and then vote on them, but the vote will be yes or no. That is not a debate. A debate suggests that there is a back and forth, and a vote would then imply voting for amendments and alterations.

Adam Wagner, whom I follow on Twitter, is a human rights barrister and a visiting professor of law at Goldsmiths, University of London. He said yesterday:

“One of the things this crisis has brought home to me is how illiberal outcomes are inevitable when hugely important decisions are made by a small group in secret and without parliamentary scrutiny. Biases and personal preferences of those in the room are inevitably amplified”.


For me, that sums up how these regulations are consistently formed and then imposed on us. It is not just about not bypassing Parliament any more or allowing it a say in improving the regulations; it is about understanding that a small clique of people deciding things for the rest of us is a really unhealthy way of going about things, and is absolutely not democracy.

I support noble Lords who have said that local authorities need to be brought in. The Minister said in his opening remarks something about the Government continuing to work with local authorities. That is the sort of phrase that I say “ahem” to; I do not believe it for a moment, and I think local authorities would agree that it is not what has been happening. Many of us do not trust private companies to have the interests of the population at heart, but we understand that it is the job of local authorities to put our interests first. The Government have to give local authorities the power to test and trace, give local authorities the funding so that they can make that happen, and then give them anything else they need to get the job done properly. Let us face it, Serco and the Government have made the most awful mess of this so far; they have wasted billions and allowed thousands to die.

I did not hear the Minister respond to my noble friend Lady Bennett’s questions in the last debate. I ask that he write to her with the answers so that we can all be clear exactly what the Government are doing.