Health Protection (Coronavirus, Restrictions) (England) (Amendment) (No. 3) Regulations 2020

Baroness Thornton Excerpts

Thursday 25th June 2020 Lords Chamber

[Baroness Thornton (Lab)]

My Lords, very conveniently, following on from the noble Baroness’s remarks, I will repeat the question that I did not get to put yesterday in the Chamber because other noble Lords and the Minister spoke at length and only six out of 10 questions were taken. I will take 30 seconds; this question is 75 words long. In April and May, a quarter of those who died of coronavirus had dementia, so access to PPE in care settings is vital. Is the Minister aware that the Alzheimer’s Society has learned that families are being charged up to £100 per week extra to cover the cost of PPE? Can he confirm that the newly announced Covid-19 social care task force will investigate the significant and disproportionate impact the pandemic has had on people with dementia? I am happy if he writes to me with the answer to that question and puts it in the Library.

I have a point about a remark made by the noble Baroness, Lady Wheatcroft, about polling, focus groups and the Government. I will check this, but she mentioned that a great deal of polling was going on. I am not surprised to hear that the Government are polling every single day, but she also said that the Government were polling Conservative voters. The Minister will be aware that this is absolutely against the rules, so I put a marker down. I suspect I am not the only person who may have noticed that. It will have to be followed up.

I thank the Minister for introducing the regulations we are discussing. As everyone has said, they address restrictions on businesses and public gatherings and are the third and fourth amendments to the coronavirus restrictions legislation. I particularly thank the House of Lords Secondary Legislation Scrutiny Committee for its rapid scrutiny of the fourth amendments to the legislation and noble Lords for their mostly disciplined contributions, which seemed to cover most points that the Minister will have to answer.

My noble friend Lord Hunt acknowledged that we are again having a theoretical debate and noted the unsatisfactory nature of this process. Indeed, several MPs from all parties said this in the Commons when discussing the third amendments last week. I think they get to discuss the fourth and possibly fifth amendments next week. We find ourselves in the absurd position of debating one set of regulations that have already been replaced alongside another set that are about to be replaced, given that further policy changes have been announced.

We understand why the affirmative procedure has been used when imposing lockdown measures to protect public health, but the justification is less strong when relaxations are being contemplated. If at all possible, such regulations should not be laid at the last minute, as highlighted by the scrutiny committee in its report published this morning. It notes that

“even a short gap between regulations being laid and their coming into effect would better enable those affected to prepare, having seen the law’s actual detailed requirements (rather than just the headline announcement).”

Given that the latest changes are due to come into effect on 4 July, will the Government commit to laying the fifth regulations within the next few days, to ensure that there is more appropriate lead-in time and to enable the JCSI to report and the House to debate the regulations promptly?

We know this is a fast-moving situation, and public awareness of when new changes come into effect is very important, given that failure to comply with the restriction regulations remains a criminal offence. While we welcome the longer lead-in time for the changes coming into effect on 4 July, as business needs time to prepare, I am concerned that many members of the public seem unaware that other relaxations are yet to take effect. What steps are the Government taking to ensure that the public understand the current guidance, as opposed to forthcoming changes splashed across the news?

Does the Minister share my concern that ending the Government’s daily press conferences may have been premature, given that we are in a period of significant change? It has to be said, people less kind than me have said they are very relieved not to see the Hancock half-hour repeated day after day.

It is true that we face uncertain times and many families face unemployment, jeopardy and hardship. I wonder about the Government’s priorities. Could the Minister explain why opening betting shops, theme parks and suchlike seems more urgent than the future of a child from, say, a hard-pressed family who will have missed six months of school and possibly six months of learning and socialising? Those are millions of our children. Other noble Lords have mentioned this.

Why have the Government not put the same imagination and resources that went into, say, the rapid building of the Nightingale hospitals into how to get our children back to school? Why is the money for tutors not being made available for more teachers? Why are we not bringing back retired teachers, for example, like we did with doctors and nurses? We have a different kind of national emergency for our children, but it is none the less an emergency.

Parliament has a role to play in this, and these are not minor or consequential changes that can be nodded through without debate. They affect millions of people’s lives and debating them weeks after the event, as we said, is a bit demeaning to parliamentary democracy. I believe that such changes should always be accompanied by a Statement to Parliament, not showcased in a Downing Street press conference. We are not merely a rubber-stamping exercise to create the veneer of a democratic process. Can we be clear on the reviews? I appreciate why the Secretary of State will be doing things on an ongoing basis, but we need to see the reviews in some documented form so that we can understand the basis on which restrictions are eased and implemented. A progress to normalcy must include a progress to democratic accountability.

[Lord Bethell]

My Lords, I would like to say an enormous thanks for a valuable and important debate. Over the coming weeks and months, we will continue to ease the restrictions put on individuals, society and businesses by these regulations as it becomes safe to do so. The amendments debated today play an important role in that gradual return to normal life, as outlined in the Prime Minister’s Statement on Tuesday. I remind noble Lords that the Leader of the House was here earlier holding a debate on that Statement, as she has done when there have been other announcement of a similar nature. I acknowledge the value of giving people warning of these changes, as referenced by the noble Lord, Lord Hunt, and I acknowledge the frustration of the noble Lord, Lord Purvis, and the noble Baroness, Lady Thornton, about the sequencing of these amendments, which I think I addressed in my earlier comments.

I am pleased that, as of 4 July, we will relax additional restrictions in a safe way. This is an exciting step towards a more normal way of life. Nevertheless, this return to normal life requires constant and careful surveillance of the latest epidemiological evidence, making changes only when the facts suggest it is safe to do so. We understand the burden these restrictions have placed on not only individuals but society as a whole, so the Government will maintain only the restrictions that are necessary and proportionate.

To reassure my noble friend Lady Wheatcroft, and in reply to the thought-provoking challenge made by my noble friend Lord Robathan, I say that, whatever the argument of those who are sceptical of the evidence-based approach to science-led policy-making, the Government are determined to be led by the science. We will sometimes be in conflict with public attitude and the headline writers, but that will remain our commitment. On that point, I cannot hide from the House that we remain ready to reimpose stricter measures if it becomes necessary. As the Prime Minister outlined in his Statement on Tuesday, we will not hesitate to apply the brakes if a national-level response is required.

The debate has provided an opportunity for Peers to raise points relating to the whole spectrum of our activity. I remind the noble Baroness, Lady Jones, that on 23 March the French Government declared a widespread state of emergency that granted the executive branch enormous powers. This has not been our approach. I assure her that trial by jury remains a cardinal tenet of the British constitution.

I will take a moment to address some of the issues highlighted by noble Lords. I start by paying tribute to the noble Lord, Lord Campbell-Savours, for his remarkable and determined perseverance on masks and distancing. In part due to the kind of pressure that he has characterised, our advice will change from 4 July to one metre-plus, which is one metre’s distance plus mitigations when people cannot stay two metres apart. These mitigations will depend on the workplace or setting. For example, people must wear a face covering on public transport since it is not always possible to stay two metres apart. Put another way, this is one metre plus a face covering. In other spaces, mitigations could include installing screens, making people face away from each other, putting in handwashing facilities, minimising the amount of time people are together and so on. Having mitigations in place at one metre can be broadly equivalent in reducing transmission to staying two metres apart. We have set out Covid-secure guidance to help businesses take the measures that are right for them.

On face coverings, in reference to my noble friend Lord Blencathra, the noble Baroness, Lady Meacher, and the noble Lord, Lord Campbell-Savours, who I mentioned, I say that passengers have been told they will be required to have face masks when travelling from 15 June. There are some exemptions for health, age or equality reasons. Transport usage has been slowly increasing as restrictions are lifted. Social distancing remains the most important way to keep safe, but on public transport it is not always possible to follow this guidance.

[Baroness Thornton]

Will the Minister give way? I know that it is a strange thing to ask these days. I am using public transport all the time to get to and from your Lordships’ House. I can report that particularly men and young men are not wearing their masks.

[Lord Bethell]

The noble Baroness is entirely right. It is incredibly tough to persuade people to wear their masks. There is a huge cultural gap. That reason and the insights of our behavioural scientists have led us to move relatively slowly, despite the articulate and passionate exhortations we have had on this subject. We are looking at ways to encourage mask wearing, but it is a struggle and not one that we think that we can necessarily rely on.

On non-essential retail, in response to my noble friend Lady Anelay, I say that I have recently met the Association of Medical Research Charities and I acknowledge the pressures faced by good causes supported by charity shops. The Prime Minister announced a timeline for the reopening of non-essential retail businesses on 25 May. I hope very much that that can bring some relief to that important sector.

We completely understand the impact of the lockdown on the hospitality industry and, as the noble Lord, Lord Scriven, alluded to, garden parties. That is why I am pleased that, following the Prime Minister’s announcement, significant parts of the hospitality and tourism industry will reopen from 4 July. However, to make sure that this is done in as safe a way as possible, all hospitality indoors will be limited to table service. Our guidance will encourage minimal staff and customer contact.

The regulations made on 12 June permitted the use of places of worship for individual prayer. Following the Prime Minister’s announcement on Tuesday, this will be relaxed further and places of worship will be permitted to be open more generally. In response to the noble Baroness, Lady Jolly, I say that this will be a welcome change for those who have been unable to use places of worship for their usual religious practice, and I thank those who have made sacrifices.

In response to my noble friend Lord Naseby, I say that here is no avoiding the fact that singing spreads an aerosol of virus-laden moisture into the air. On cricket, in the words of the Prime Minister, it is plain to everyone that the cricket ball is an infectious vector of disease spreading. I assure the noble Lord, Lord Clark, that we will not hesitate, in the face of a local spike, to bring back whatever lockdown measures are required to save lives and protect the NHS.

The noble Baroness, Lady Ritchie, asked about progress on vaccine development. I am delighted that the UK is taking a leading role in this work. Our best chance of defeating the virus is by working together globally. We have put £84 million into accelerating the work of Oxford University and Imperial College. I pay testament to the work of the scientists there. The noble Baroness also asked about social care; we have set out a comprehensive action plan to support the adult social care sector in England throughout the coronavirus outbreak, including ramping up testing, overhauling the way PPE is delivered to care homes and helping minimise the spread of the virus to keep people safe.

In response to the noble Baronesses, Lady Thornton and Lady Brinton, we cannot avoid the costs of PPE. The global price of PPE has risen dramatically. These costs will have to be borne somehow, somewhere. We are working with Treasury and DH colleagues to figure out ways in which they can be borne.

In response to the noble Baroness, Lady Brinton, on shielding, from 6 July those shielding can spend time outdoors in a group of up to six people, including those outside their household. This can be in a public outdoor space or a private garden. Also from 6 July, those shielding will be able to create a support bubble.

I have answers to questions from a number of noble Lords, including on the devolved Administrations, parliamentary scrutiny and local powers. I will not be able to get through all of them in the time remaining. I thank noble Lords for all their contributions and valuable points during this debate. I reassure the noble Lords, Lord Rennard and Lord Liddle, that a lessons learned process will be undertaken when the time is right, but we are not through this yet.

These regulations have been hugely successful in tackling the spread of the virus. While recognising some local limitations, as mentioned by the noble Lord, Lord Goddard, we are enormously grateful to the public for their sacrifices and to the NHS and social care workers for their hard work on the front line.