Coronavirus Act 2020 (Early Expiry) Regulations 2021

Baroness Merron Excerpts

Monday 5th July 2021 Grand Committee

[Baroness Merron (Lab)]

I thank the Minister for introducing the regulations and explaining the reasons for them. We certainly welcome this statutory instrument, which removes provisions that enabled local authorities to divert resources to care and support from other duties as stipulated in the Care Act 2014.

As has been acknowledged in the debate, the pandemic has been exceptionally difficult for everybody, while the most vulnerable have seen disproportionately high death rates and a profound impact on the level and quality of their care. With regard to that, I join my noble friend Lord Hunt of Kings Heath in paying tribute to those in the care sector, both paid and unpaid.

According to the guidance issued to local authorities, the easements were meant to be activated only when they were necessary to ensure safety. They were intended to be temporary, kept under review and used as narrowly as possible. An open letter of 19 March 2021, signed by at least 27 disabled people’s organisations, highlighted concerns. It said:

“At such a strained and worrying time for everyone, this unnecessary power that no Council is even using hangs over the heads of disabled people, causing only anxiety.”


Many of the people most vulnerable to the virus simultaneously faced a reduction in essential care and support. By the middle of 2020, seven in 10 people with learning disabilities had had their social care cut or significantly reduced, and 79% of family members were forced to take on further unpaid caring duties in the face of cuts. Just eight of the 151 English councils with social services responsibility made use of the easements during the first wave, and only two of these—Derbyshire and Solihull—used it to cease meeting needs that they were required to meet. According to the CQC, by July, all had stopped.

We continue to know of the loss and long-term closure of day care centres, group activities, travel training and at-home support. There is also little clarity on how local authorities will catch up on reduced assessments or deal with retroactive demands for payment. The catch-all phrase “cancelled because of Covid” remains, and there are concerns that this so-called explanation will continue to linger. Does the Minister accept that the social care easements do not appear to have eased the burden for anybody?

Of course, there is a much bigger issue here: the chronic underfunding and devaluing of the social care sector, of which the fleeting emergence of the social care easements was but a symptom. We have been waiting almost two years to see the clear plan for social care that the Prime Minister claimed to have prepared, and all we heard in the Queen’s Speech was just nine words. Does the Minister agree that a better future for our country cannot be built after Covid-19 without transforming social care? We need the Government to make a firm commitment to reforming and presenting plans to Parliament as soon as possible.

Looking forward, the emergency Coronavirus Act gave Ministers sweeping powers, many of which have yet to be used. The priority must be to use the Act and other regulations related to health protection to bring us out of restrictions safely, support the NHS in recovering from the crisis, ensure that there are measures in place to restart the economy effectively, and enable those who need to self-isolate in future to do so. Nobody wants these regulations in place for any longer than is needed but we have to make sure that this is the last lockdown.

It seems that guidance and reliance on personal choice are set to be the order of the day, with the final stage of the four-step plan out of lockdown imminent. This is despite coronavirus cases rising to their highest level since January. Does the Minister share my concern that letting cases rise with no corresponding actions means further pressure on the NHS, more sickness and more disruption to education, and risks a new variant emerging with a selection advantage?

The new Health Secretary used the weekend press to emphasise that we must learn to live with the virus as we have done with flu. Can the Minister advise the Committee what level of mortality and cases of long Covid he considers acceptable? Will he outline the measures that the Government will introduce, such as ventilation support for buildings and sick pay for isolation, to push cases down? As we know, coronavirus does not impact people and communities equally. What support will be in place for the most deprived areas, where cases are highest and vaccination rates lowest?