Health Protection (Coronavirus, Restrictions) (England) Regulations 2020

Baroness McIntosh of Pickering Excerpts

Tuesday 12th May 2020 Lords Chamber

[Baroness McIntosh of Pickering (Con)]

My Lords, I declare my interest with the Dispensing Doctors’ Association. These emergency measures were brought in at comparatively short notice, so I welcome the chance to review them, and congratulate the Government on what they have achieved in a very short time.

As my noble friend the Minister pointed out at the outset, the success of the regulations will depend on the clarity of the message and the collaboration and co-operation of the public. My concern is that the level of trust shown by the public may fall as time goes on and they become less patient. We should also note that the latest guidance, which is being issued and emerging this week, is perhaps more clouded and less clear.

There are inconsistencies in the guidance; for example, people are urged to go to work but may not have access to public transport, or have been advised not to use public transport but alternatives are simply not feasible. Those with children may have no childcare available, making it difficult for them to leave home and return to work.

Will my noble friend consider the difficulties of policing? Will the Government consider talking about physical distance rather than social distance, so that people really pay attention to the two-metre rule?

I understand that the sunset provision is not due to come in until 10 February 2022. Will my noble friend confirm that? As others have done, I urge him to really focus on the clarification required to differentiate between the regulations before us today, which are legally binding instruments, and the guidance, which is not, to ensure that the police have the very best understanding of the scope and that the regulations do not become a charter for neighbours to grass on their neighbours.

My noble friend is familiar with my interest in Regulation 61 of the National Health Service (Pharmaceutical and Local Pharmaceutical Services) Regulations 2013. This is particularly appropriate in rural areas. It allows NHS England to commission a dispensing doctor’s surgery to provide services to all—that is, not just its own registered dispensing patients—where a pharmacy is temporarily closed. This decision can be national or regional, but so far it has not been used in either circumstance. Why not? Having urged us all to avoid all but essential travel, will the Government consider keeping this under constant review and ask NHS England, both nationally and regionally, why this regulation, which permits dispensing doctors to dispense these medicines, is not being used to facilitate the lives of patients and allow dispensing doctors to do their work?