Health Protection (Coronavirus, Restrictions) (All Tiers and Self-Isolation) (England) (Amendment) Regulations 2021

Baroness Thornton Excerpts

Monday 1st March 2021 Lords Chamber

[Baroness Thornton (Lab)]

My Lords, we will be supporting these regulations, but I have a few questions. I just have a request to the House authorities, and I hope the Minister might support me on this. When these statutory instruments are published, could the House authorities put the SI number on the agenda—the green sheets—because, as several noble Lords have mentioned, we are dealing with dozens of them? Those of us who do not have massive offices to support us have to dig into them to work out which statutory instrument we are approaching. I know that one noble Lord made a speech about these regulations the last time we had a debate about regulations, simply because no number was on them. That was just a request.

The regulations were laid before Parliament at 11 am on 29 January, under the “made affirmative” procedure, and came into force at 5 pm the same day. Could the Minister clarify why the Government felt the need to introduce them at such haste, without parliamentary scrutiny, when, as other noble Lords have said, we are discussing them more than a month later? If they were needed so urgently, it begs the question why it has taken so long to introduce them, a year into the pandemic.

This instrument amends the self-isolation regulations to provide the police with sufficient information to verify the identity of an individual, a copy of the notification sent to the individual informing them of the legal duty to self-isolate and why, following a positive test or contact with an infected individual. Regulation 4(4) limits the use of this shared information to

“the prevention, investigation, detection or prosecution of offences under”

the self-isolation regulations. The Department of Health and Social Care states that the disclosure of this information, for these reasons, is proportionate and in line with Article 8 of the European Convention on Human Rights and the Data Protection Act 2018.

Could the Minister advise the House of whether those notified by the app to self-isolate will be covered by these regulations? They were not covered by the original self-isolation regulations, which was probably an oversight, but if that has not been rectified, can the Minister explain why not?

Further, can the Minister clarify whether the regulations extend to those who have been advised by an individual in their household to self-isolate? Other noble Lords have raised that question: what is the legal liability for people in that household who might have to tell them—it may just be a flat-mate or someone they share a lease with—that they also have to self-isolate?

Regulation 2 changes the all-tier regulations to introduce a new fixed penalty notice for each individual who attends a gathering of more than 15 people. I ask the Minister on what scientific basis the magic number of 15 was arrived at. Do gatherings of 14 not attract fines? We had a similar debate about the rule of six and whether six was plucked out of the air. I would be grateful if the Minister could clarify whether children are included within that 15.

Several noble Lords questioned the issue of sharing data and expressed concern, about both how the data that are being collected will be used now and how soon they will be eliminated and will not be accessible to the police or anybody else. The heart of that question is public trust. We need assurances that sensitive health data will be kept private. Many people could be unwilling to take a test or engage with the department’s contract tracers, particularly if there is a threat of harsh punishment if we are not given those reassurances. The British Medical Association is also concerned about this.

There are concerns about the broad definition of who the information may be shared with. It can be provided not only to the police but to anyone else the Government enlist to uphold the rules. Could the Minister advise us who exactly is entitled to receive this information? For example, are volunteer Covid marshals permitted?

We are now in our third national lockdown—the longest to date. It is a very challenging situation, requiring the public to stay at home and away from their friends and family. There has been much talk about personal responsibility but, as many noble Lords have said, including my noble friend Lord Hunt, it is incumbent on the Government to do the right thing by the people who are co-operating with this and to ensure that there is appropriate support for self-isolation.

For many months, the Government have known that rates of self-isolation remain too low. The noble Baroness, Lady Harding, confirmed that 20,000 people a day were not self-isolating when they should be. This is unsustainable if we are going to see success from some of the relaxations of the current measures, which we all want. The rates at which Covid-19 cases have fallen this year are dramatically lower in some of the UK’s poorest regions compared to the wealthy ones, so does the Minister accept that this is a consequence of the failure to offer financial support to help people on lower incomes with the self-isolation requirements? This has been mentioned many times: the £500 test and trace support payment is not reaching enough people. Seven out of eight people do not qualify for it, so they will simply not get tested. If they do, they may just disappear, and that helps nobody.