Health Protection (Coronavirus, Restrictions) (Steps and Local Authority Enforcement Powers) (England) (Amendment) Regulations 2021

Baroness Thornton Excerpts

Monday 17th May 2021 Grand Committee

[Baroness Thornton (Lab)]

It is regrettable, as my noble friend Lord Rooker said with a certain amount of robustness, that yet again the House is being asked to retrospectively approve significant legislation that impacts on individual liberty, well-being and livelihoods, five whole weeks after it came into effect and after it was further amended, on the day when a new lifting of restrictions is taking place—I suppose we will get to discuss that some time in the next month.

The regulations state that

“the Secretary of State is of the opinion that, by reason of urgency, it is necessary to make this instrument without a draft having been laid before, and approved by a resolution of, each House”.

Nothing in the regulations or in what has been said by the Minister today justifies using the emergency procedure to introduce previously announced policy changes at the 11th hour. We are now well over a year into the pandemic and, while we encourage the Government to be proactive and driven by data, that does not prevent or exempt them from following parliamentary procedures. The Minister will be familiar with this repeated complaint.

The countrywide road map for lockdown lifting announced on 22 February advised that England would enter stage 2 on or after 12 April. This date was confirmed at a government press conference on 5 April, yet these regulations were not laid before Parliament until 9 April, coming into force three days later. While that is definitely an improvement on the three hours’ notice that we have had for some regulations in the past, there is simply no excuse for the Government’s continuing indifference to the importance of parliamentary scrutiny.

We have so many errors in the regulations given to us; that is another reason why they need to be subject to proper scrutiny before they become law. According to the Explanatory Memorandum, alongside the stage 2 easements the instrument also makes

“minor drafting changes to remove superfluous wording and to amend references”

in the original steps regulation. I am not sure that these are minor. The Minister will be aware that the JCSI report raised a number of serious concerns about these regulations: first, because of their unusual or unexpected use of enabling powers; secondly, because of defective drafting; thirdly, because they required elucidation; and, fourthly, because they failed to comply with proper legislative practice. Frankly, you would have thought that after a year the Government would have got used to all this, that they would be experts and certainly that they would not be making mistakes in the drafting of legislation.

That is quite a sad list of failures for one statutory instrument whose purpose is to see us safely opening society following lockdown. In one instance, the regulations are so unclear that the Joint Committee said that the law being laid down was unsatisfactory in terms of the rule of law. If a committee of legislative experts is unsure what is or is not meant by certain regulations and does not believe that they give sufficient certainty and clarity, how will the rest of us fare, and how can an average person expect to understand them? This is deeply unfair on those required to enforce the rules and on the businesses grappling to comply so that they can safely resume trading. I fully expect the Government’s use—or misuse—of the emergency procedure and the impact of defective drafting to be covered by the inquiry, but I sincerely hope that the Government will get a grip on this now, especially given the continued threat posed by new variants and the risk of a third wave, which many noble Lords mentioned.

Noble Lords will be well aware that the steps regulations have been further amended, with provisions to move England into stage 3 coming into force today. It is therefore important that the Minister addresses those changes, especially given the growing concern about the B16172 Indian variant in the UK and calls from leading experts to postpone the planned easements. I will not repeat the information given by other noble Lords, because that has been very well covered. However, can the Minister confirm how many people to date have been hospitalised with the Indian variant of concern and how many of those had been partially or fully vaccinated? Over the weekend, the Health Secretary suggested that many coronavirus in-patients in Bolton had not been vaccinated, despite being eligible. I would like the Minister to address how that is being tackled. He has already mentioned that, and I know that my honourable friend Yasmin Qureshi, the MP in Bolton, has been very active on this. Surge vaccinations have been introduced in many hot-spot areas, with some bringing forward second doses and others extending eligibility to younger age groups. Can the Minister confirm whether that is happening and what is the JCVI’s position on this?

It is clear that it was a mistake to delay adding India to the travel list and not to implement a comprehensive hotel quarantine policy. This morning, the Health Secretary, Mr Hancock, said that people should not travel to amber countries except for essential reasons and “certainly not” for a holiday, because of the risk of coronavirus. This is not what the regulations state. The Minister needs to confirm whether the regulations will be updated to reflect the Health Secretary’s comments or whether this is yet another case of the Government’s mixed messaging.