Health Protection (Coronavirus, Collection of Contact Details etc and Related Requirements) Regulations 2020

Baroness Penn Excerpts

Wednesday 7th October 2020 Lords Chamber

[Lord Bilimoria (CB) [V]]

These regulations impose a number of obligations on relevant persons in order to protect against the risks arising from coronavirus. Businesses and other public settings where people meet socially, including hospitality, close contact and leisure venues, must record contact details of customers, visitors and staff on their premises to tackle the spread of coronavirus. The details must be stored for 21 days and shared with NHS Test and Trace if requested.

All that makes sense, but Jeremy Hunt, the former Health Secretary, recently questioned the current Health Secretary, Matt Hancock, on whether the entire system of testing needed to be overhauled. He argued that the underlying problem was that the Lighthouse laboratories—the Government-funded facilities there to supplement existing public laboratories—had been “overwhelmed by demand”. As the chancellor of the University of Birmingham, I say that we have a testing facility on site and one of the top medical schools in the country. And yet, I am told, there is a piece of machinery that NHS Test has—there are about six of them—which, if we were to get hold of one of them, would enable the testing at the university facility to go up multifold. Why is that being held back? Why are these pieces of equipment not being released to increase capacity? This is an urgent situation.

At the same time, business resilience—I say as president of the CBI—is lower than it has ever been, with cash and stockpiles run down. We must get this right. We know that business knows public health must come first, and we have been doing all we can to keep staff and customers safe, whether in pubs, shops, factories or offices. Local restrictions come as a disappointment for many businesses across the country, but the Government cannot stand by as infection rates rise in the region. We must aim for a no-surprises approach as far as possible when restrictions are put in place, and not all restrictions are one-size-fits-all. We have seen this from the full lockdown in Leicester and the household-based restrictions in Greater Manchester, west Yorkshire and elsewhere.

Then we have the 10 pm closing of pubs, bars and restaurants. I declare my interests, but will the Government tell us where the evidence is that this is required? The scientific evidence I have heard is that less than 5% of new infections come from the hospitality industry, which employs 4 million people and which has really suffered—it was closed for three and a half months, from 23 March to 4 July. From my knowledge in the trade, only 10% of drinking happens after 10 pm. So why do this—quite apart from the unintended consequence of people spilling on to the streets and going elsewhere to drink?

When it comes to testing capacity, Professor William Hanage, of the TH Chan School of Public Health at Harvard University, has said, on the lack of mass testing:

“By the time you become aware of the problem it is likely to already be much larger. You are not going to detect outbreaks if you don’t look for them.”


He called for

“very good diagnostic tests as well as tests that may be less sensitive but can be used more frequently.”

Why are the Government not procuring the mass testing that is available?

The Abbott Laboratories BinaxNOW test, which is $5 and gives results in less than 15 minutes, has been approved by the FDA, but I believe has been rejected by our Government. I am told that Greece—a country that has dealt with the pandemic relatively very well—has ordered millions of these tests. If it is good enough for the FDA, and if it is good enough for Greece, which had a death rate of 36 per million vs our 663 per million, why is it not good enough for us? They are producing 50 million of these, and there are other equivalent tests that give these instant results and are affordable.

When it comes to false positives, anyone who has tested positive with these instant tests can immediately have a PCR laboratory test to confirm that it is positive. So surely, by not doing this, by not having the mass testing, we are saying that the best is being the enemy of the good. This mass testing will enable our economy to fire on all cylinders. From a cost-benefit point of view, we are talking about a £2 billion a month cost if you test everyone twice a week in the whole population. We have been spending hundreds of billions supporting the economy. If we have mass testing, our country can get on.

So, a vaccine is on soon and the testing is needed urgently—

[Baroness Penn (Con)]

My Lords, I must remind the noble Lord—

[Lord Bilimoria (CB) [V]]

Thank you very much, I am just about to stop. I would like to conclude by saying we need this testing urgently now.

--- Later in debate ---

[Lord Naseby (Con) [V]]

My Lords, these regulations are pretty comprehensive, and I wish to make five observations that I hope will be helpful against a family background of two doctors, and myself as a former leader of a local authority as well as a Member of Parliament. The first is on care homes. I commented on inspections in the review debate on 28 September, and since then I have double-checked the situation of Care Quality Commission inspectors, who are currently just wearing a mask rather than having undergone a Covid-19 test. No one else is allowed into a care home or a nursing home without a test, because people there are very vulnerable. I now understand that the decision was made in August and backed by the department of health without any consultation with the National Care Association. Surely this needs to be reviewed urgently.

Secondly, staying with care homes, and mentioning that my wife is a former general practitioner, is it true—[Inaudible]—simply looking after them? If so, that seems an error. It may not be accurate, in which case the Minister can put my mind at rest.

Thirdly, we know that part of the rise in infections is due to young people, as mentioned in paragraph 7.14 of the Explanatory Memorandum. What discussions were held with the Department for Education, the universities and sixth-form colleges and other colleges—[Inaudible.]—before students went back to university or college? Did any discussions take place? Did the Department of Health take the initiative and—[Inaudible.]? The comment of my colleague, the noble Lord, Lord Bilimoria, on mass testing is highly relevant here.

Fourthly—[Inaudible.]

[Baroness Penn (Con)]

My Lords, we are having trouble hearing the noble Lord. We heard his first three questions. I suggest that we come back to his final two questions when his connection is restored, and move on.