Coronavirus Bill

Baroness Uddin Excerpts

2nd reading & 2nd reading (Hansard - continued) & 2nd reading (Hansard - continued): House of Lords
Tuesday 24th March 2020 Lords Chamber

[Baroness Uddin (Non-Afl)]

My Lords, it is a privilege to follow the noble Lord, Lord Hastings. I agree with the entirety of his contribution. The entire world faces the colossal fear—unimaginable a few weeks ago—of an outbreak of such magnitude; a public health emergency.

Only today Dr Fuad Nahdi’s family laid him to rest as I sat in the Chamber. He lost his battle with several health conditions and finally succumbed to coronavirus. I do not know whether he was able to be resuscitated—whether that facility was available to him. But he was an outstanding community champion and he worked relentlessly—tirelessly—with Government Ministers, churches and the community to keep people safe post 9/11. I express my condolences, heartfelt prayers and good wishes to his family.

Dr Rosena Allin-Khan, an honourable Member of another place, has called for urgent attention to be paid to the shortage of resuscitation units. These are already full, she says, in many hospitals as the numbers of admissions rise. NHS staff face an incredible decision: who will live and who will die? I add my thanks to all those NHS and front-line bravehearts who are putting their own life and well-being aside to take care of us and others.

The country understands that decisions must be made to prevent mass infection and preserve security, with adherence to the norms of a civilised, humane nation. Perhaps liberty is in temporary abeyance—the freedom and privilege that we have enjoyed. Therefore, the Government’s economic measures and responses are welcome, although I have pointed reservations. Since the Bill was published, all parliamentarians have been inundated by constituents and community and business groups alike; they support government measures but are deeply troubled by some aspects of the proposed legislation, and its short- and long-term impact on significant sections of our vulnerable communities. I record my thanks, for their incredible insights, to Toni Meredew at account3; James Lee at the City of London Corporation; Inclusion London; Haji Taslim Funerals; the East London Mosque; and Hasina Zaman from Compassionate Funerals.

I wish to raise two points in particular: first, how the Bill will potentially impact the lives of disabled people such as my noble friend Lady Grey-Thompson. Many fear serious risk to their and thousands of other vulnerable people’s daily care needs, and that they will be abandoned in the emergency situation and left to the discretion of an already overstretched local authority. There are incredible misgivings about measures to suspend provision under the Care Act 2014. The fear is that social care provision is likely to breach the human rights threshold, as has been said, and will be offered only to those in critical and severe need.

We have large numbers of disabled people who require daily care and noble Lords are rightly concerned that the Bill will suspend their right to daily care from a local authority. If, as the legislation proposes, assessment needs are delayed, there will be untold suffering, which will cause lasting mental and physical harm to the well-being of those dependent for their care needs, as well as an unbearable imposition on carers to cope alone.

With regard to mental health services provision, I accept that this is a national emergency and we are being asked to suspend normal freedoms as a new norm. However, we must think carefully about obliterating our social care responsibilities. There is also significant fear about the power of detention by one doctor. I cannot overemphasise caution about that provision, given that many black and minority ethnic citizens experience detention disproportionately, as has been mentioned. Suspending any accountability in the process may leave a generational legacy of damage. Will there be an impact assessment in place to monitor the impact of the proposed legislation?

Equally, I declare an interest as a former social worker. The well-being of those who experience and will continue to experience domestic violence, child sexual and physical abuse, and sexual exploitation depends on social workers, but there is a huge shortage. What are the Government doing to ensure that social workers will also be asked to come back and provide emergency services?

We have worked for decades to advance the rights of people with disabilities, those who live with mental health issues and those who are cared for by social services. I echo the words of my noble friend Lady Grey-Thompson and ask how the Government will adhere to the human rights of people who receive social care and social services support.

I also wish to make a point about the power in the Bill at Schedule 28, which proposes to suspend taking into consideration the preferences of the deceased, regardless of their religious duties and obligations. I apologise to the House for taking a few more minutes to finish this point. The Bill suggests using powers to direct the deceased to be cremated if there is a lack of capacity at storage facilities, thus suspending Section 46(3) of the Public Health (Control of Disease) Act 1984, which prohibits cremation against the wishes of the deceased. This has caused serious panic and anxiety in many parts of our communities and many have written to ask us to raise that matter as Members of Parliament. The honourable Member for Bradford West tabled an amendment to the Bill and has now withdrawn it. I am thankful for her outstanding campaign to mobilise and bring about the Government’s understanding that, even in these times of national existential threat and crisis, we will remain resolute in remaining a society that values freedom of choice, particularly around the dignity of human death.

I spent the whole weekend speaking to various organisations that lead funeral services, including those I mentioned earlier. Will the Minister agree to consult and work with them and with faith-based organisations along the lines that I referred to earlier to ensure—

[Noble Lords]

Oh!

[Baroness Uddin]

I have nearly finished. With the leniency of the House I will ask my final question.

I appreciate the fact that the Paymaster-General has given his assurance, but will the Minister assure us that the provisions in Part 4 of Schedule 28 in relation to the wishes of the deceased will be respected? I thank noble Lords for their leniency.

Coronavirus Bill

Baroness Uddin Excerpts

Committee stage & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords
Wednesday 25th March 2020 Lords Chamber

[Baroness Hussein-Ece (LD)]

My Lords, I too support the amendments in this group and the spirit in which they have been put forward. Many of us will have received briefings from various charities and organisations that are doing important work face-to-face with very vulnerable people. I declare an interest as my grandson is in lockdown in a residential unit for disabled children and children with epilepsy. As noble Lords can imagine, we as his family are very worried and concerned about the outcome of that. There are already staff shortages in that facility, as I am sure there are up and down the country.

I received a briefing from Barnardo’s and it resonated very much what with what the noble Baroness, Lady Grey- Thompson, was asking about yesterday, so I shall ask about vulnerable children and children with disabilities, many of whom may possibly be falling through the cracks and will not have support networks if local authorities are rolling back some of their duties under the Bill. It makes sense that charities and other bodies could come together under a local authority directive or umbrella to make sure that children who are in care or leaving care or who have disabilities receive care. Those who would normally be attending school and would receive support in school will not be getting that support now, so there is huge concern about thousands of children up and down the country who face incredible disadvantages and possible dangers without these systems in place and without local authorities functioning in the ways they normally would have done. Will the Minister tell us what measures can be put in place for the most vulnerable and at risk? Will the Government work with charities such as Barnardo’s and many others up and down the country to ensure that vulnerable children are identified and receive the support that they need?

[Baroness Uddin (Non-Afl)]

My Lords, I rise to support Amendments 1 and 2. I am pleased to follow the noble Baroness, Lady Hussein-Ece, and I echo her words. I am the mother of a 40 year-old autistic and disabled son, although he does not use any services. I have been inundated by charities telling me that they are very concerned, especially charities which are serving the needs of ethnic minority disabled and elderly people who do not necessarily feel that they have the voice that others have in connecting with local and national organisations. So I welcome the idea suggested by the noble Baroness, Lady Thornton, of an independent body and a voice. I echo that very much.

My second and final point is with regard to the concern expressed by the noble Lord, Lord Scriven, about the role of local authorities. Yesterday, I passionately and enthusiastically overran the guide time, for which I apologise to the House once again, because I had been inundated by groups saying that they were deeply concerned about burial issues. I noted that the Minister said that it would be up to the local authority. I am already deeply concerned that local authorities are incredibly burdened so, unless they are mandated to do so, they will not seek to talk to a wider range of groups. Yet again yesterday I was contacted in the evening by a number of organisations that say they are willing to work with the Government and local authorities to ensure the provision of extra burial places and storage facilities if the Government are looking for them.

[Lord Hain (Lab)]

My Lords, I strongly support Amendment 1, which was moved by my noble friend Lady Thornton, and I hope that the Government will accept it. It is essential to have such a monitoring body covering local authority care and support. If we were in any doubt, surely the searing speech by the noble Baroness, Lady Grey-Thompson, yesterday should have convinced us. Is the Minister aware that organisations caring for the vulnerable and disabled are being hit by the triple whammy of increased operational costs, loss of income from increased vacancies and staff shortages exacerbated by the crisis and a lack of personal protection equipment?

In addition, for those in the third sector, fundraising has collapsed. Will the Minister ensure that all care organisations involved are contacted urgently and directly to offer practical government help? In care homes in lockdown across the country, staff are worried stiff. We certainly do not want to see scenes such as the one in Spain where a care home was discovered abandoned with all the residents dead. I should add that my wife is a trustee of the Leonard Cheshire Disability charity, which has many care homes across the country.

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[Baroness Uddin]

My Lords, I add my support to the amendment, particularly on behalf of those who work for small satellite TV channels and ethnic minority newspapers. I have been inundated with hundreds of calls, particularly from journalists who work in this massive, £5 million industry as self-employed freelancers and who feel absolute fear and hopelessness about how they are going to manage in the lockdown. Many satellite channels rely on advertising which is now going to dry up, if it has not already. Newspapers are not being sold, so I want to add their concerns to our consideration of this amendment. I hope the Minister and the Government will look seriously at the Norway model, as the noble Lord, Lord Adonis, has suggested.

The Minister said earlier that we are looking into global procurement: I think we should look also at the global procurement of ideas to ensure that our people are served wherever they are working.

[Baroness Thornton]

My Lords, this has been another short but important debate and I absolutely agree with my noble friend Lord Adonis; first, about the Resolution Foundation paper that came out this morning, but also on his point about the 5 million gig workers. The noble Lord, Lord O’Shaughnessy, made absolutely the right point: it is absolutely not in our interest for these people not to have enough to live on and to feel that they have to go out to work, even if they are ill and they will infect people, because otherwise they will not be able to pay their rent. We are very pleased to support this amendment—indeed, we always would have supported it.

I shall make just two points. One is about financial support. I really think we need to know when the Chancellor is going to announce what further support can be provided, not only for those who are self-employed, which is very urgent, but measures to improve access to sick pay and deal with the issues of assisting millions of people through the universal credit scheme by increasing it, suspending sanctions and scrapping the five-week wait for a first payment. Those things are absolutely urgent and important.

The other point I take this opportunity to raise is about renters. I looked at the Bill again last night after having said that I thought the three-month pause on evictions was not adequate to protect people who rent because it would defer a crisis only to the end of the period, when landlords will demand total arrears payments for three months’ rent. The Minister said that of course this could be renewed and turned into six months, but actually the Bill does not say that, so I seek reassurance. This is linked to income support because the people we are talking about are exactly the people who will not be able to pay their rent.

In the event of that, we need to be sure that individuals and families will not get served with eviction notices. Some people will have been given their eviction notices prior to this legislation, and the Government need to take account of that. Those people should not be evicted because they may have been given a month’s notice two weeks ago and they may find themselves evicted right in the middle of the worst point of this crisis.

My final point is about people in shared ownership, which is part of what the noble Baroness behind me said: when you have people with shared ownership, that is an issue. In the housing association world, people with shared ownership apportion their outgoings partly to their mortgage and partly to rent to the housing association. Many housing associations have put up rent from April as a result of the freeze on rent increases being lifted, so how will these tenants and owners be protected in terms of the rent element of those costs? I do not necessarily expect the Minister to be able to answer that question right now, but there are hundreds of thousands of people in the housing association world who will also need our protection.

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[Earl Howe]

All I can do is assure the noble Baroness that the points she has made will be taken back to the department and considered.

[Baroness Uddin]

My Lords, I too regret another intervention, but how will people know what is going on if they are number 30,000 in the queue? How will they communicate with the Government or the necessary department? What are the Government doing to ensure that they communicate to these people how they should react and respond? Is everything being done that can be? Maybe some of those working in the gig economy who have nothing to do will be asked to join some of these telephone contact centres as paid employees. That might be of additional assistance to the Government.

[Earl Howe]

My Lords, as the noble Baroness knows, there are various avenues for individuals to utilise. One might be contacting their local Citizens Advice to enable it to make representations. They can contact their Member of Parliament to enable him or her to make representations on their behalf. They are not without the means to communicate if something does not work as it should.

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[Lord Bethell]

I completely recognise that the noble Baroness’s intentions are totally and 100% benign. She has the interests of the women concerned at heart. That intention is completely clear to me and I utterly endorse it. Where there is a difference of opinion and where we have taken a huge amount of advice—we have worked with the scientific advice in the department —is in the fact that the changes being offered are a fundamental change to the way abortions are regulated and administered in this country. Those regulations and administration arrangements have been worked on for years and are subject to an enormous amount of consensus. Her point on monitoring the situation is exactly the one that the noble Baroness, Lady Watkins, made earlier. I commit the department to monitoring it. We will remain engaged with the Royal College of Obstetricians and Gynaecologists and other stakeholders. She is absolutely right that we can return to the subject with two-monthly reporting back, and it can be discussed in Parliament in the debates planned on a six-monthly basis.

[Baroness Uddin]

I say this with the sincerest due respect. The Minister will be aware that there are huge concerns about the power to have just one doctor decide whether a body should be cremated, especially in the light of the crisis becoming more intensive and critical.

[Lord Bethell]

The noble Baroness’s concerns are noted.

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[Baroness Kennedy of The Shaws]

My Lords, I am sorry to rise again and beg the indulgence of the Committee. One of the categories of people that I am concerned about are non-documented—essentially, illegal—immigrants. The idea that they might have Covid-19 but not seek medical help because they are fearful of what might happen with regard to their immigration status should be a matter of concern to us. I hope that the Government will make a statement to say that nobody will face detriment to their position by seeking help, and that deportation will not meet them at the end of recovery. Something like that has to be said, or we will see the virus spreading through this category of people.

[Baroness Uddin]

My Lords, I too beg the indulgence of the Committee. I have raised this point on a number of occasions; I am raising it now with respect to the powers within the Bill relating to necessity and proportionality, particularly as regards matters of dignity in death and what may happen in the unforeseen circumstances that thousands of deaths occur among the faith communities, and cremation may be decided upon due to the lack of burial spaces and storage facilities. I am suggesting that Schedule 28 affects our human rights obligations.

I am requesting, therefore, on behalf of the many hundreds of individuals who have written to me, including faith leaders and organisations, that the Government remove from paragraphs 13(1) and (2) in Part 4 of Schedule 28 the words

“have regard to the desirability of disposing”

and replace them with “dispose”, and then delete from paragraphs 13(1)(b) and 13(2)(b) the words

“in a way that appears”

so that the necessary guarantees are provided in the legislation, which will be required to provide assurance to the relevant faith communities.

[Lord Bethell]

My Lords, the noble Baroness, Lady Ludford, and all those who have signed up to this amendment have made incredibly important points that the Government utterly confirms. I reassure the Committee that this Bill is very clearly focused on the present danger of SARS-CoV and the Covid-19 disease. If there is any other virus—and even if this virus mutates— we will need a new Act or at least to amend this one.

The Government are 100% committed to protecting and respecting human rights. We have a long-standing tradition of ensuring that rights and liberties are protected domestically and of fulfilling our human rights commitments. That will not change. We have strong human rights protections, with a comprehensive and well-established constitutional and legal system. The Human Rights Act 1998 gives further effect in UK law to the rights and freedoms contained in the European Convention on Human Rights. Nothing in this Bill contradicts that.

I reassure a number of speakers—including but not limited to the noble and learned Lord, Lord Falconer, the noble Lord, Lord Anderson, and the noble Baroness, Lady Kennedy—that there is nothing in this Act that allows the Government to breach or disapply the Human Rights Act or the Equality Act. The Bill itself is fully compliant with the Human Rights Act and the Government have certified this on the face of the Bill— in fact, I signed it myself in accordance with Section 19. Pursuant to Section 6 of the Human Rights Act, every exercise of power by a public authority under this Bill is already required to be compliant with the Human Rights Act. I further reassure the House that, at all times, this Government will act with proportionality.

I am advised by legal counsel that the amendment is potentially both unnecessary and unhelpful. If we accept it, it might imply that the Human Rights Act and Equality Act do not apply in this way in other Bills or Acts that do not feature this sort of provision. For that reason, I suggest that the amendment should be withdrawn.