Health Protection (Coronavirus, Restrictions) (England) (Amendment) (No. 2) Regulations 2020

Helen Whately Excerpts

Wednesday 10th June 2020 General Committees

[The Minister for Care (Helen Whately)]

I beg to move,

That the Committee has considered the Health Protection (Coronavirus, Restrictions) (England) (Amendment) (No. 2) Regulations 2020 (S.I. 2020, No. 500).

It is a pleasure to serve under your chairmanship, Mr Mundell. These amending regulations were made by the Secretary of State on 13 May and are rightly being brought before the Committee today for the scrutiny and debate that they require. The regulations made amendments to the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020, which, as amended, remain exceptional measures, brought forward to reflect unprecedented challenges and times.

While these regulations are necessary to meet the public health needs of the coronavirus pandemic, it is also important that this House plays its proper role, and that due process and the rule of law are maintained. On 1 June, further amendments were made to the regulations. Those amendments will be debated in the House on 15 June, while today’s debate will focus on the amending regulations, which came into force on 13 May.

This country has been, and still is, engaged in a national effort to beat coronavirus. Great work has been done by the British public to help flatten the curve and ensure that our NHS is protected. We are currently moving on a path of cautious relaxation of some of the restrictions and requirements of the regulations, taking small steps to ease the measures guided by the science. We have reduced the restrictions in these amendments to minimise the impact on people’s rights and begin a cautious return to normal life. I will now outline what the regulations do and then set out the policies and processes underlying their development and their implementation, and finally their monitoring and review.

On 26 March 2020, the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 came into force, with a requirement in the regulations to review them at least every 21 days. The first review took place on 16 April and no changes were deemed appropriate at that time. Some minor changes were brought in on 22 April to clarify the regulations and ease the operation of the regulations. The regulations were then reviewed again on 7 May. While no changes were deemed appropriate at that point, fresh evidence and advice subsequently enabled the Government to bring in some changes, which came into force on 13 May. Those are the amendments we debate today.

The amendments that came into force on 13 May were made to provide clarity, to reduce socioeconomic cost where safe, and to ensure continued compliance while mitigating health risk. Some technical changes were made to make it clear that people can visit a shop to collect goods they have ordered online, by post or by phone, and to clarify that people can visit household waste and recycling centres.

Some further changes enabled additional economic activities to take place, where the health risk in doing so was minimal and the socioeconomic cost of continuing the restriction was no longer considered necessary and proportionate. Those changes were: to allow garden centres to reopen; to allow outdoor sports courts to reopen; to make it clear that it is permitted for hotels to provide accommodation to any key worker, to support their effort to respond to covid-19; and to enable all house moves, rather than only reasonably necessary house moves, including visits to estate agents and show homes.

There was a specific enforcement change to increase the amount of the fine associated with the fixed penalty notice, to ensure that compliance with the regulations remains high. The final change was to permit outdoor recreation for the purpose of wellbeing, rather than just outdoor exercise, and to permit outdoor recreational exercise with one other person outside your household.

The Prime Minister made a statement to this House on 11 May regarding the Government’s plan to ease restrictions over the coming weeks and months. The measures I outlined above were a cautious first step in delivering this plan. I recognise that the regulations continue to place demands upon individuals, society and businesses and are a strain on our daily lives. The regulations have played and are playing an important role in reducing infection and transmission levels, and as an amended package are still very much necessary. However, as soon as the science has indicated it is safe to do so, we have begun to take small steps in easing the regulations to enable a return to normal life and restart the economy, and to ensure people face only those restrictions that are truly necessary and proportionate.

The regulations are lawfully made under the power in the Public Health (Control of Disease) Act 1984, and comply with all the Government’s human rights obligations. Above all, they help to save lives and protect public health, which is why Parliament has given Ministers these powers. The Committee will be aware that applications for judicial review and other legal actions are in the offing, which I will not be able to comment on. We also recognise that some people are impacted more than others by these regulations, and have made changes through these amendments to reduce the restrictions and lift some of that burden.

A significant challenge is involved in reaching a balance between protecting the public’s health and upholding individual freedoms. The Government are constantly reviewing the regulations to achieve the right balance, and measures are in place to help us do so. First, the regulations set out that a review of the restrictions and requirements must take place at least every 21 days to ensure that each restriction or requirement continues to be necessary

“to prevent, protect against, control or provide a public health response to the incidence or spread of infection in England”.

We completed the first review as required on 16 April 2020, and the second was completed on 7 May. The maximum review period—that is, the maximum period of time between reviews of the regulations—has subsequently been amended so that a review must take place at least every 28 days. That is part of a set of amendments made on 28 May, which are to be debated by this House on 15 June. Between these formal reviews, the Secretary of State keeps the restrictions and requirements under constant consideration, and the Government will make changes only when we are confident that we can do so safely.

Secondly, these regulations are led by the best available scientific evidence, along with consideration of their economic, operational, social and policy implications. Thirdly, as we understand the potential for harm to both public health and the economy if measures are relaxed too soon, we have developed five tests to guide policy considerations on whether and when it would be desirable for the measures to be eased. The tests are as follows.

First, to protect the NHS’s ability to cope, we must be confident that we are able to provide sufficient critical care and specialist treatment across the UK. Secondly, we must see a sustained and consistent fall in the daily death rates from covid-19, so that we are confident that we have moved beyond the peak. Thirdly, there must be reliable data from the Scientific Advisory Group for Emergencies showing that the rate of infection is decreasing to manageable levels across the board. Fourthly, we must be confident that the range of operational challenges, including testing capacity and personal protective equipment, are in hand, with supply able to meet future demand. Fifthly, we must be confident that any adjustments to the current measures will not risk a second peak of infections that overwhelms the NHS. Ministers conduct those reviews, guided by officials and experts, ensuring that the measures continue to be both proportionate and necessary.

Members of this House have rightly pointed out that their approval is being sought retrospectively. However, we have acted urgently: we understand that the regulations place great restrictions on people, society and business, and the Government have therefore sought to ease them as soon as it is safe to do so. The impact that the coronavirus is having on the UK is changing as both the R rate and incidence rate change, and the regulations must reflect that. However, it is also critical that this House can play its proper role, and that due process and the rule of law are maintained. That is why we want to maintain an ongoing dialogue with Parliament.

As Members will be aware, further changes to the regulations were made on 28 May and came into force on 1 June. Those changes include allowing increased social contact outdoors, in groups of up to six people from different households; enabling élite athletes to train and compete in currently closed facilities; opening some non-essential retail; requiring additional businesses to close by law; ensuring that venues such as community centres can open for education and childcare services; and ensuring that those who are required to self-isolate on arrival in the UK can stay in hotels. We have also amended the maximum review period to 28 days to ensure that where needed, there is time to assess the impact of previous relaxation of the measures. Those amendments will be debated by the House on 15 June. We will therefore continue to use the powers given to us by Parliament in the best interests of the public, and to welcome the scrutiny that rightly comes with that responsibility.

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[Helen Whately]

In summing up, I want to restate the Government’s commitment to working with Parliament in developing the policies that find expression in the legislation that we debate in the House. I appreciate the tone of the comments made by the hon. Member for Ellesmere Port and Neston, and particularly his opening remarks about wanting to support the Government in the measures we are taking and, overall, our drive to succeed in crushing coronavirus. There were many questions in his speech, and I shall do my utmost to cover them in my response, but as he spoke at pace I might not manage 100% to do that. I will do my best.

I think his first point could be encapsulated as a preference for us to debate regulations and amendments sooner. I appreciate that point, but he and other hon. Members will appreciate the situation that we are in, with a global pandemic hitting us and other countries with extraordinary aggression. That has required extremely rapid action to protect people’s lives. The hon. Gentleman also knows that we must act as quickly as we can to protect people’s livelihoods and wellbeing. That means looking to move promptly, albeit cautiously, towards easing some of the restrictions when the science indicates that it is possible for us to do so.

The hon. Gentleman asked me about what happens with the review process. It is conducted by the Secretary of State for Health and Social Care following discussion with other Ministers. It is guided by officials and experts, and SAGE provides scientific evidence and advice. Overall, the process is to ensure that the measures are necessary and proportionate.

The hon. Gentleman asked about impact assessments. We acknowledge that the impact of the restrictions is hard. It is tough on many individuals and hard for businesses, but it is variable: it is harder on some than on others. In my role as Care Minister, I talk to carers looking after people with learning disabilities, autism and a range of other health conditions. That group has been hit particularly hard by the restrictions and the loss of services, given that it is not considered safe to access them. I am mindful of the variable impact.

[Justin Madders]

I am grateful to the Minister for giving way, and I hope she will answer all the questions. I take it from what she has said that there is not actually a formal impact assessment but reviews are undertaken. Will she explain why the Department has not issued copies of them, following my written question?

[Helen Whately]

What I do know is that there is a huge volume of inquires coming into the Department at the moment. I am personally handling a large number of questions and letters from colleagues, so there is huge demand on the Department to respond to inquiries.

The Government absolutely are considering the impact on businesses and individuals—the economic, personal, physical and mental health impact, including on those with protected characteristics. We take those impacts very seriously, and we want to provide as much support as possible to mitigate the negative impacts on people.

The hon. Gentleman asked about transparency and the publication of, for instance, SAGE documents. I am sure he is aware that a suite of documents from SAGE has been published online.

The hon. Gentleman also asked about fines and the reason for their increase in the instrument. The reason for the increased fixed penalties is to act as a greater deterrent to those who might break the rules.

The hon. Gentleman made a very important point about whether fines have had a disproportionate impact on people from BAME communities. That is clearly a very serious concern. We are working with policing partners to analyse the data, to determine whether there has been a detrimental impact on those from BAME backgrounds. Let me make it absolutely clear that no one should be subject to police enforcement on the basis of their race.

The hon. Gentleman asked a number of questions about testing. There has been a phenomenal ramping up of the volume of testing that has been carried out. I have seen the enormous efforts that have taken place to increase the volume of testing available to the care sector, and particularly to care homes. We are getting testing kits directly out to care homes so it is easy for them to access tests. The team that did that has done a truly phenomenal job, at pace. I absolutely appreciate the hon. Gentleman’s desire for data on the testing programme—both the numbers and what they tell us. However, as he said, it is really important that we share accurate data that is supported by the UK Statistics Authority, and we are working with it to make sure that we share reliable, robust, informative data on the testing programme.

[Nick Smith (Blaenau Gwent) (Lab)]

Could the Minister say by what date a fully functioning test and tracing app will be ready for use?

[Helen Whately]

I thank the hon. Gentleman for his question. To make it clear, the important thing is to have a fully working test and trace system. That is up and running, using the tried and tested method of a human contact tracing system. The app is under development to complement that. It has been piloted, as he knows, on the Isle of Wight, and it will be brought online in due course. The important thing is that we have a fully working test and trace system to support the easement of the measures that has already taken place.

[Nick Smith]

I absolutely agree that the test and trace app has to be fully functional and working well, but may I press the Minister on when she thinks it will be ready for use?

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[Helen Whately]

I have already given my answer. I have nothing further to give on that point.

[Justin Madders]

We have talked about the importance of the reviews of the regulations. Can we have a commitment that those will now be published?

[Helen Whately]

I have set out the process that is taking place and I am not going to give the hon. Gentleman the commitment that he asks for, but he has made it clear that that is what he would like to see.

To sum up, these amendments are an important and cautious step towards returning to normal life. We have listened to the public and to the scientific evidence and we are taking the steps to ease the restrictions over the coming weeks and months. We understand the burden that restrictions place not only on individuals but on society as a whole. We maintain only the restrictions that are necessary and proportionate at any given time. There will be many occasions over the coming weeks and months when we will be able to debate these questions further. As I said, the changes brought in on 1 June will be brought to the House for debate on 15 June.

I end by paying tribute to the NHS and care workforce, to whom we all owe the greatest respect for the work they do each and every day, and to the people of the United Kingdom for their patience and strength in helping to combat this pandemic. The steps we have been able to take towards normal life are a testament to the people of the UK and their fortitude in tackling this outbreak. As a Government, we will play our part by making sure that the burden is no more onerous than it absolutely needs to be. These regulations ensure that that remains the case.

Question put and agreed to.

Resolved,

That the Committee has considered the Health Protection (Coronavirus, Restrictions) (England) (Amendment) (No. 2) Regulations 2020 (S.I. 2020, No. 500).