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

Baroness Ritchie of Downpatrick Excerpts

Friday 25th September 2020 Lords Chamber

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, I thank the Minister for her detailed explanation of the regulations. Yet again, we are faced with regulations which we are being asked to approve in retrospect. We are all aware of the demands from some MPs and Peers for greater levels of parliamentary scrutiny for such regulations. In fact, on Monday, during a take-note debate on a Motion from the noble Lord, Lord Bethell, the noble Lord, Lord Robathan, will move to discontinue the use of these types of regulations.

We are living in extraordinary times, which require difficult answers and measures as regards the economy, finance and health. However, all of us have a civic responsibility to protect ourselves, our colleagues and our neighbours to ensure that the NHS is not overburdened. Hence there is a need for such legislation and for the SIs, even though they place limitations on our freedoms, but we need more parliamentary scrutiny and greater levels of accountability.

On Greencore, which is an Irish-based company, there is a balance between protecting the health of staff and local communities and underpinning jobs and the economy, in particular when many of the employees come from other countries. I notice that these regulations in relation to Greencore were made on 29 August and were due to expire in 28 days. As the Minister has said, they expire today. Therefore, we are giving these regulations retrospective approval, which was a point of considerable objection in your Lordships’ House last Friday, when we discussed many coronavirus regulations. It simply points to the changing nature of this pandemic and that the virus is very much still with us. Can the Minister say how the machinery of government will address that deficit in scrutiny levels while ensuring the protection of the public?

This is notwithstanding the fact that the parent legislation, which is meant to be temporary in nature, is to be reviewed every six months. In fact, it is my understanding that it is due to be reviewed on Monday in the other place. Further to that question, can the Minister indicate what detailed measures have been put in place by the management and owners of all food processing factories in England to protect staff and food products from this virus? I also noticed in the information on the regulations that reference is made to tests by Randox Testing Services. I thought the Government had indicated that there were problems earlier this year with the testing regime undertaken by that company, so I would simply ask the Minister: is Randox still being used for testing purposes?

Perhaps the Minister could also clarify the following points. The noble Baroness, Lady Donaghy, talked about staff rights in relation to Greencore. In addition to her request, perhaps the Minister would provide some answers in relation to the following. Were the staff at Greencore compensated for loss of earnings while they were self-isolating? Did they receive hardship moneys from their employer? Were they forced to turn to food banks? Did the Government attempt to intervene to ask Greencore to pay its staff 100% of their pay during periods of self-isolation, as required by these regulations?

Further and finally, because this circumvents all of these regulations, will the Minister, along with her ministerial colleagues in the Department of Health, source a solution to dealing with regulations such as these so we do not have to deal with them by affirming them retrospectively? Is there any update or clarity on the test and trace regime, and are we any nearer to having a global vaccine for this virus? People will be content and have a greater degree of freedom of movement only when a successful vaccine is available.