Covid-19

Baroness Smith of Basildon Excerpts

Wednesday 23rd September 2020 Lords Chamber

[Baroness Smith of Basildon (Lab)]

My Lords, I assume that noble Lords have read the Prime Minister’s Statement, given that in our new circumstances, the noble Baroness does not repeat it. Many of us would have seen it made yesterday in the other House. It is clear that we are now at a point which the whole House would have hoped to avoid. The warnings from the Government’s own advisers are very stark, so when restrictions are needed, they will have our support because we need to avoid any confusion and have clarity in communication. However, perhaps I may raise a few issues with the noble Baroness.

I turn first to testing. The Prime Minister pretty much dismissed this yesterday. The lack of a comprehensive, even world-beating, test, trace and isolate system is making the nation’s efforts to tackle the virus more difficult, but yesterday the Prime Minister said:

“Testing and tracing has very little or nothing to do with the spread or the transmission of the disease.”—[Official Report, Commons, 22/9/20; col. 822.]


Surely the point of having the world-beating system that we are waiting for is to reduce the number of people who will be infected. What is that about? I heard the Prime Minister trying to explain what he meant at Prime Minister’s Questions but, despite a lot of words, I did not understand his explanation, so it is now the turn of the noble Baroness. Perhaps she could try to explain what the Prime Minister really meant. Does his comment that testing and tracing has very little or nothing to do with the spread of the disease mean that that is now the Government’s view, or did the Prime Minister get it wrong and the Government are still committed to a world-beating test, trace and isolate system?

On the new restrictions, we appreciate the difficulties in getting them right. Can the noble Baroness assist your Lordships’ House in understanding the rationale behind them? In many of the areas currently managing more restrictive measures, we have not seen the fall in the number of infections anticipated or hoped for. Were those results factored into the decisions taken for the rest of the country? It would also be helpful if she could say which rules the residents of those areas are now following. Is she confident that the actions being taken now will be effective and at what point will the Government make a judgment on their effectiveness?

Also, can she advise me on two sets of circumstances on which I would like some clarity? If I decide to go out for a curry tonight and I take five other noble Lords with me, that follows the rule of six and the six of us will be able to enjoy our meal in the restaurant. However, if two of those noble Lords come back to the House for the last business, does that mean that our group of six is now four, so two other noble Lords, perhaps from the Cross Benches, can join us for dessert? Is the rule of six the rule at any one point or can the six change during the course of the evening?

I am asking my second question for a friend. If a couple I know are at home with their two kids asleep in bed upstairs, does the rule of six mean that they can have only two friends round to socialise in their home, or can four friends come round? Again, what does the rule of six mean in those circumstances? Can six people be together or do the children, asleep in their beds, count as two of the six people in the home? That is the level of clarity that the Government will have to provide, and if the noble Baroness can respond, that would be really helpful.

On the furlough scheme, the noble Baroness will be aware of how valuable it has been to viable businesses that just need to get through this period so that they can survive until better days. The Government are bringing the scheme to an end for all businesses in all circumstances at the same time. Surely we can do better than that. The noble Baroness may have heard Paul Nowak of the TUC speaking earlier on Radio 4’s “Today” programme. He called for a smarter, targeted version of furlough. She may have heard him offer to work with the Government to bring employer and employee representatives together to help design a scheme that has the kind of flexibility needed to respond to struggling industries—and struggling areas—and will help companies and workers alike to get through what will clearly be a difficult time in the months ahead. That seems a wise, practical and pragmatic suggestion. Will she take it to the Prime Minister today and bring his response back to your Lordships’ House?

The Prime Minister also said yesterday that schools can access the tests they need and that every child with symptoms should automatically get a test. Of course that is right, but if the system is not in place yet, when will it be, and what is the current turnaround time for schools to get the results back?

Finally, this is a terrible virus. Many are suffering from the consequences of long-term Covid infection and others have lost loved ones, while people have had their lives restricted in trying to avoid getting it. The consequences of making the wrong decisions are enormous—literally matters of life and death. We know that there is pressure on the Prime Minister from all directions on what the appropriate course of action is, but these decisions can never be predicated on placating one group or another. We just have to do what is right. I hope that the noble Baroness can answer my questions today—I can see her riffling through her papers—but if she is unable to do so, I hope she will write to me over the next couple of days.

[Lord Newby (LD)]

My Lords, I thank the Leader of the House for agreeing to answer questions on the Prime Minister’s Statement yesterday.

The Government now face four tough challenges in combating coronavirus. The first is how to act proportionately to drive down infections and deaths while at the same time allowing as much economic and social activity as possible to continue. This is an extraordinarily difficult balancing act but, if the threat is as severe as the scientists believe, I find it surprising that the rule of six remains intact and allows, for example, individuals from six different households to meet in a restaurant, possibly for several hours, with zero social distancing. If I were a generous-hearted soul, I could invite five noble Lords for breakfast, five different ones for lunch and five different ones for supper. That sounds a lot to me. Can the noble Baroness confirm that Professor Whitty argued for stronger measures than those now being proposed? The rules also appear inconsistent. Why can 30 people attend a funeral but only 15 a wedding? That seems bizarre. Can the noble Baroness explain the science behind that decision?

The second challenge is how to identify those with the virus quickly and then isolate them from the rest of the population. Sadly, the Government’s track record on test, track and trace is hopelessly inadequate. It is miles behind the system devised in Germany, where, for example, anyone entering the country by car can have a prompt test at the side of the motorway, the results of which are quickly relayed to a working app, and where localised delays in getting tests done are so rare that they become major news stories. To argue that the German success and our failures have anything to do with our attitudes towards freedom is both risible and insulting. The Government are at least trying to be clearer on those who have priority in getting a test in future. But does the noble Baroness accept that it seems illogical to exclude from the priority list ancillary staff who work in hospitals, care homes and schools? Surely a caretaker, cleaner or member of the catering staff is just as capable of spreading the virus as a doctor, care worker or teacher.

The third challenge relates to persuading the public to adhere to the rules, and the Government have this week strengthened the stick and the carrot. On the stick, the Government have proposed increased penalties, but they are no good without more effective enforcement. The Prime Minister said yesterday that the Government will provide the police and local authorities with the extra funding they need to do this. But will he really live up to his promise? Up to now, the Government have provided extra resources to local government at levels well below what they believe they need to do their Covid work effectively. Will the noble Baroness confirm that the Government will now make funds available to police forces and local authorities at a level that they, not the Government, judge to be required to do their job properly? On carrots, the Government have announced a new £500 isolation support payment for people on low incomes who have tested positive or been told to self-isolate. What is the definition of “low income”, and how quickly and by what means do they intend to get this extremely sensible initiative up and running?

The fourth challenge relates to the additional economic damage that the new restrictions will bring. The hospitality, arts and sport sectors will be particularly badly hit. We are told that the Chancellor and Business Secretary will bring forward further plans to help support those most affected. But the new restrictions bite from tomorrow. So when will the promised new business support measures be announced and take effect? Businesses have a very small cash cushion to keep them going while the Government decide what they are going to do to support them.

Finally, the Prime Minster expressed the Government’s willingness to give the Commons every opportunity to scrutinise government decisions. This is a sound principle but, as the noble and learned Baroness, Lady Hale, forcefully pointed out, Parliament has effectively surrendered its scrutiny role over Covid legislation. The principal Covid Act was passed with barely any debate, and the delay in debating statutory instruments means that by the time we do discuss them they have been in operation for many weeks in most cases. So the scrutiny is, in effect, meaningless.

This deficiency, however, could easily be rectified by the Government. Will the noble Baroness assure the House that future statutory instruments such as the one coming into force tomorrow will be debated at the earliest opportunity? In the specific case of those new rules, and in light of the completion of the debate on the Agriculture Bill yesterday, can she give any reason why the House should not discuss the new statutory instrument tomorrow, in advance of it coming into effect, rather than at a later date when it will already have done so?

For the Government’s measures to work, individuals across the country have got to believe that they are necessary and proportionate. The scientists can set out the objective evidence, but only the Government can decide on the response. Bringing Parliament and the nation with them will be vital in the months ahead. To achieve that, they will need less bombast and more openness. I hope that we might now get it.

[The Lord Privy Seal (Baroness Evans of Bowes Park) (Con)]

I thank the noble Lord and the noble Baroness for their comments and questions. I assure the noble Baroness that the Government remain committed to the test and trace system, and it will clearly play an important part in our efforts to continue to tackle the virus. I am sure she will be pleased to know that the test and trace app will be rolled out nationally tomorrow, further enhancing that programme. It is designed to work alongside the traditional contact tracing services and testing to help people understand if they are at risk. On her questions about the rules, my personal interpretation is that she could indeed invite two noble Lords to join her for curry if two had left, as the rule is about six people. Children are counted as individuals, so they are counted as one of the six.

Both the noble Lord and the noble Baroness talked about evidence. Certainly both the Government and the scientific advisers looked at a range of evidence in order to come up with the package that we have.

The noble Lord and the noble Baroness quite rightly talked about the economic impacts, which we are all extremely aware of. They will know that through the measures we have taken so far we have protected 12 million people and jobs through the furlough and self-employed schemes, at a cost of £40 billion. However, I entirely accept their points about the impact that this virus is still having, and the impact it is still having on our economy. I can certainly assure the noble Baroness that my right honourable friend the Chancellor, and those across government, are working with employers, representatives, unions and businesses to continue to work out exactly what the best form of support for businesses in all sectors is. We keep that package under constant review.

The noble Lord, Lord Newby, asked about the prioritisation of testing. He is absolutely right: at the moment prioritisation is for those who work in acute clinical care, broader NHS staff and people in care homes, and targeted testing for teaching staff. He is obviously quite right to mention other individuals who work within these settings, and we will keep the prioritisation under review. As we increase our testing and look towards the 500,000 tests that we hope to get to by the end of October, we hope to be able to offer tests much more widely and include more people within that prioritisation.

On face coverings, the noble Lord, Lord Newby, talked about indoor settings with lots of people. That is why we are now mandating face coverings in indoor settings and enclosed places which are freely accessed by the public, where it may not be possible to maintain social distancing. He will be aware that we already had those measures in place for shops and supermarkets and on public transport. It is for that very reason that we are now extending the mandatory wearing of face coverings to hospitality settings, taxis and private hire vehicles—again, in enclosed settings where it is particularly difficult for people to maintain social distancing.

The noble Lord also asked about extra funding for the police and local authorities. We have already announced an initial £50 million to support the range of enforcement activity we would expect to see in relation to the new rules that we have just announced. It will be up to the police to decide how they wish to deploy that—for instance, it could be used for increasing patrols to enforce social contact rules, deploying police to high-risk areas where there is rising concern, and providing more support to local authorities and NHS Test and Trace where quarantine and self-isolation breaches are being escalated. Of course, those are just some of the ways in which this funding could be used at a local level.

In relation to the new payment that was announced, the £500 is targeted at those on low incomes and who cannot work from home. It is an additional payment, on top of statutory sick pay and existing benefits or support, such as universal credit, employment support allowance, local housing allowance or hardship fund payments. It will become available for those who are required to self-isolate from 28 September. Local authorities are working quickly to set up these support schemes, and we expect them to be in place by 12 October. Anyone who has had to self-isolate from 28 September will receive backdated payments. That is, I hope, the detail of the new scheme.

The noble Lord talked about parliamentary scrutiny, which is of course extremely important. Each SI has undergone full scrutiny, in line with the requirements of its parent Act. We have been using the appropriate parliamentary procedures for considering regulations, including waiting for the JCSI and the SLSC to report on them before they are debated. On Monday, we will have a more general debate, in line with the commitment we made, on the Coronavirus Act itself.

The noble Lord asked about tomorrow. As the noble Baroness, Lady Thornton—who is sitting there—will be well aware, we have two days of full discussions on coronavirus SIs, so I do not think we can criticise the House or anyone within it for the work they are doing on this. We will be discussing the SIs that were to be in the Grand Committee in the Chamber. We are dealing with them in order: there are deadlines within which we have to discuss these SIs, and that is the order in which we are taking them. I hope the noble Lord will accept that, as well as the fact that we have two coronavirus Statements today, we are taking this very seriously and ensuring parliamentary scrutiny.

[Baroness Smith of Basildon (Lab)]

My Lords, the noble Baroness has not answered many of my questions on restrictions, schools, the TUC or the Prime Minister.

[Baroness Evans of Bowes Park (Con)]

Sorry, I did have an answer on schools. Our advice for children is very clear: they should have a test only if they have symptoms. Obviously, we are well aware that there is a capacity issue in the system at the moment, which we are trying to address, so there are perhaps longer waits than we would like for tests. However, 64.7% of people who have a test get the results back within 24 hours.