Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place) (England) Regulations 2020

Baroness Noakes Excerpts

Friday 18th September 2020 Lords Chamber

[Baroness Noakes (Con)]

My Lords, I support what the noble Baroness, Lady Thornton, said about delays in making regulations and parliamentary scrutiny. However, I cannot support her amendment, because it starts by welcoming the regulations, which I do not.

The Government have been all over the place on face coverings. Way back in March, the Government’s scientific advisers, led by the Chief Medical Officer, were clear that masks should not be worn. Not only was there no evidence of widespread benefit from wearing masks but the disbenefits were acknowledged—for example, that they trap the virus close to the face. As I understand it, the CMO and his team still believe that, at best, the evidence is ambiguous, although as the noble Earl, Lord Clancarty, showed us earlier, a variety of scientific views is available.

The World Health Organization—another body which has not covered itself in glory in the coronavirus outbreak—did not recommend the widespread use of masks until early June, and even then its advice was firm only in relation to the wearing of medical-grade masks by health professionals and those who are symptomatic. In relation to the general public, there was merely a recommendation for Governments to encourage the wearing of masks where community transmission could occur. The WHO said that there was still no firm evidence that the wearing of non-medical-grade face masks was effective and that social distancing and hand hygiene remained the key defences.

As is typical of this Government’s response to the virus, they were not content with guidance or encouragement, but went the full distance with legal requirements and fines. They started with public transport in June and went on from there in July and August with the orders before us. They have even increased the maximum fines.

The results are not logical. I cannot be fined for not keeping a two-metre distance in a supermarket queue or for not washing my hands, both of which are said to be effective actions in containing the spread of the virus, but I can be fined for not wearing a face covering, even though the evidence for efficacy is lacking. In addition, the regulations allow any old face covering, even though it could be dangerously soiled or inherently ineffective, such as a single-layer gauze face covering. This is policy-making at its worst.