Coronavirus

Jonathan Ashworth Excerpts

Thursday 25th March 2021 Commons Chamber

[Matt Hancock]

I will just make a little more progress.

We are also suspending three further provisions, although they may need to be restored and called on if required. As well as that, we have completed the six-month statutory review on covid-secure regulations for businesses, the collection of contact details and self-isolation, and concluded that they remain necessary at this time. The Coronavirus Act is temporary, time-limited and proportionate to the threat we face, and we are keeping measures only where they are necessary as we exit this pandemic, and then we can do away with this Act for good.

Throughout the pandemic, this House has also found a way to meet. I cannot wait for the time when this Chamber will be full and rowdy once again as the cockpit of our democracy, where we can almost literally take the temperature of the nation. I may pay for that when I say something particularly unfortunate, but I prefer it, and I think everybody in this House does. After widespread consultation and on the basis of detailed public health advice, my right hon. Friend the Leader of the House has tabled a motion to extend virtual participation and the current proxy voting arrangements until 21 June, the proposed date for the removal of all legal restrictions on social contact. We thank you, Madam Deputy Speaker, and through you the other Deputy Speakers, Mr Speaker and the House authorities for the work that has been done in these unprecedented times to keep people safe here.

The measures before the House today show how we will put the pandemic behind us and restore life to normal. We are on the road to recovery, but we are not at the finish line yet, and by passing these measures, we can keep protecting lives and livelihoods while we get our nation back on its feet once more.

[Jonathan Ashworth (Leicester South) (Lab/Co-op)]

On a specific point, which I rather hoped the Secretary of State would cover but I anticipate will not, we are obviously very concerned about variants in Europe and the surge that we are seeing there. Is it the Government’s intention to impose restrictions on those coming in from France or Germany—to add either France or other European countries to the red list—or to impose testing on hauliers coming into the country?

[Matt Hancock]

All these questions will be answered as part of the work of the global travel taskforce, which the Prime Minister has announced will be published on 5 April, so I recommend that the right hon. Gentleman waits until then. In answering that final question, I commend the motions to the House.

[Jonathan Ashworth (Leicester South) (Lab/Co-op)]

I appreciate the Secretary of State allowing me to intervene on him at the end of his speech.

It is right that this week we remember all those who have lost their lives to this horrific virus, and that we reflect on the grief of all those who have lost loved ones. Across the House we pay tribute to those who put themselves in the face of danger—our NHS, care workers, and all our public servants and key workers who have kept our society functioning.

More than 126,000 people have died. In social care, the impact has been devastating, with more than 30,000 deaths. Residents have been left isolated and frightened, deprived of visits from their loved ones for months on end. Across the NHS, cancer patients have had surgery cancelled and screenings postponed, and more than 300,000 people have been waiting for more than a year for treatment. A study today from the University of Leicester suggested that 71% of those patients who were hospitalised and discharged have not fully recovered after five months, and 20% have been left with a new disability. The long-term impact of covid is likely to be severe for many people.

Our NHS staff face burn-out, and children have lost months of education and social interaction. They risk being among the biggest victims of the pandemic. Families are worried and anxious. Our NHS has suffered. Public health funding has been cut for many years, which left our public health services without the capacity they needed when the pandemic hit. The poorest communities saw more than double the death rate in the first wave of the virus, and in ethnic minority communities the death rate has been up to 50% higher. It did not have to be like that. A healthier more equal society would have weathered the storms better. We could have planned better, acted more quickly, and responded more comprehensively.

Our vaccination programme has been successful, and again I thank everybody who has been involved in that. But the reality is that we are not yet out of the woods. The pandemic still has some way to go, and it is right that we proceed with caution and do not become complacent. Vaccination alone does not make us bullet-proof. It makes us safer, but we are not safe until we build population immunity and roll out vaccinations everywhere across the world.

Last week I asked the Secretary of State about the vaccination of children, and he rightly said that we had to wait for the research and clinical trials. Yesterday it was suggested that the vaccination of children could start as soon as August, if safety requirements are met. I hope Ministers are commissioning the Joint Committee on Vaccination and Immunisation to produce a plan for how children’s vaccinations could roll out. That will be an important way to drag down transmission.

A third wave is surging across Europe, much of which is due to the B117 Kent variant. Increasingly, we are seeing higher prevalence of other variants, and as the Secretary of State rightly said, we are uncertain about whether they will evade the vaccines. We therefore have to be careful and proceed with caution. Although we are making extraordinary progress in this country with our vaccination rates and in bringing infection rates down, we know that the virus mutates and that it could come back and hit us even harder, particularly at a time when a considerable amount of virus is circulating.

Infections are still running at more than 5,000 day, and last week the Office for National Statistics estimated that 160,000 people in England had the infection in the past week. We must still work hard to break transmission chains and shut down opportunities for the virus to replicate. Given the loss of life we have suffered, and the risk of mutations that could set us back, we must have zero tolerance of letting the virus rage unchecked. For that reason, Labour accepts that restrictions must stay in place, and we will support the renewal of the Coronavirus Act 2020 and the public health regulations.

We do not support that renewal with any enthusiasm or relish—quite the opposite. Neither the Secretary of State nor I came into politics to put powers such as these on the statute book. These powers curtail so many basic freedoms and deregulate so many basic standards for which our forebears fought so hard and that so many people have taken for granted.

I am also acutely conscious that this deadly virus spreads rapidly, exploits ambiguity and thrives on inequality. Suppressing the virus does depend on social distancing measures, which is why we need them on the statute book, but it depends on other measures as well, such as properly isolating the sick and paying them fully to isolate. It depends on having proper community-led contact tracing, both retrospective and looking forward. It depends on investing in science, so that we have not just the vaccines but the therapeutics that will lead us out of this crisis.

Restrictions in themselves are a blunt tool, but sadly they will be needed, given that the virus is still surging across the world. That is why we supported the measures 12 months ago and will support them again today. Indeed, it was 12 months ago that I met regularly with the Secretary of State. It was just over 12 months ago that I sat round a very small table in the Prime Minister’s office in Downing Street with the Prime Minister and the then Leader of the Opposition, my right hon. Friend the Member for Islington North (Jeremy Corbyn), alongside advisers such as Dominic Cummings and others, to negotiate the content of the Act.

We pressed for statutory sick pay from day one, and that is in the Act. We think that the Government should go further—it is not enough, but at least we have statutory sick pay from day one. We pressed for a ban on evictions for those in rent arrears, and again, the Prime Minister gave us that concession. We pressed for furlough as well in that meeting. On each of those, I want the Government to go much, much further, and it is a monstrous failure that decent sick pay and financial support have not been provided over the past 12 months, but it would be churlish of me not to recognise that we had that meeting and that concessions were offered as a result of it.

Even though we supported the Act 12 months ago, I raised at the Dispatch Box a number of concerns about its content and said that, in different circumstances, with a proper process whereby Members could table amendments in good time, we would have hoped for better scrutiny of it. We raised concerns about the easements of the Care Act 2014, and I am pleased that those clauses will be removed. We raised objections to the Coronavirus Act giving the Secretary of State powers to change section 42 of the Children and Families Act 2014. I understand that those powers have not been used since July last year, but we remain concerned that they appear still to be in the Act. I ask the Secretary of State and Ministers to reflect on that and to take those clauses out of the Act.

We also raised concerns about the more draconian elements of the Act. Indeed, I said at the Dispatch Box a year ago:

“The Bill contains the most draconian powers ever seen in peacetime Britain—powers to detain and test potentially infectious members of the public…powers to shut down gatherings, which could impede the ability to protest against the overall handling of the crisis or against the abuse of the powers themselves. It needs no explanation and very little imagination to understand the huge potential for abuse that such powers and others in the Bill, however well intended and needed, still give rise.”—[Official Report, 23 March 2020; Vol. 674, c. 59.]

Sadly, we have seen such abuses. Schedule 21, which gives the power to detain potentially infectious persons, has been used for a number of prosecutions, every one of which was found to be unlawful when reviewed by the Crown Prosecution Service. The Joint Committee on Human Rights advised in its report of September last year that

“In the absence of any clear evidence to support the retention of these powers”—

the schedule 21 powers—

“they ought to be repealed.”

We have huge sympathy with that, as do Members who have contributed to the debate so far, and we urge the Government to look again at that schedule.

[Mr Steve Baker]

I am grateful for what the hon. Gentleman just said. I am very sorry—although I completely understand it—that my amendment on schedules 21 and 22 was not selected, because we probably would have gone through the Lobby together on it. Could he advise the Secretary of State on whether he would vote to call upon Ministers to remove those schedules, should such a question come before the House?

[Jonathan Ashworth]

I understand why we should want to deal with somebody who is infectious and refusing to isolate, but I do not think the schedule and the way it has been applied is needed. That needs to be looked at again.

I make a broader point. Although I understand why the Government have to put, or maintain, these restrictions on the statute book, and I am a strong believer in doing all we can to suppress the virus, drive down infections, cut transmission chains and prevent opportunities for it to replicate—I am a strong believer in putting public health and prevention first—I also think that the Government could have found time for this debate to take place in the House over a couple of days, so that Members could table amendments and we could properly scrutinise the legislation. The Government have a rather handsome majority; I am sure they would have got their way on most things, but who knows? Perhaps through proper scrutiny we might have improved the legislation.

[Mr Baker]

The hon. Gentleman might know that I have proposed a new public health Act that would use statutory instruments of the type under the Civil Contingencies Act 2004, which would allow us to amend them. Would he support that proposal?

[Jonathan Ashworth]

The hon. Gentleman invites me to offer endorsement before I have read the details—he is a canny operator in this place—but in principle his suggestion sounds reasonable. I look forward to no doubt receiving an email from him later today, which I will be able to read when I am on the train back to Leicester.

[Graham Stringer (Blackley and Broughton) (Lab)]

My hon. Friend is giving us an interesting insight into the history of the epidemic in this country and the discussions that took place. Would he care to put it on record that we should immediately start an independent public inquiry into what has gone on so that we can get a full picture? It is a feeble excuse to say that people cannot attend a public inquiry when virtually every Select Committee in this House is having witnesses every day.

[Jonathan Ashworth]

My hon. Friend is absolutely right: we need a public inquiry. Mistakes have been made. There have been examples of poor decision making. When we went into the crisis, our health and social care capacity was less than it should have been, and our public health capacity, after cutbacks over many years, was lacking. We were late going into lockdown a year ago; maybe that was not unreasonable, but we were also late going into lockdown the second and third time. Of course we need a public inquiry to get to the bottom of all these matters.

The Secretary of State is embarking on a reorganisation of the national health service. Yesterday, he made an interesting speech about the future of public health, which he opened by saying that one lesson of this crisis is that we need to set up a national institute of health security. I agree with him on health security, as it happens, but the Government cannot, on the one hand, say that they have learned lessons from this crisis and they need to do X, Y and Z while, on the other hand, the Prime Minister says it is too early to learn lessons and we cannot have an inquiry. My hon. Friend the Member for Blackley and Broughton (Graham Stringer) is absolutely right and I totally agree with him.

We have concerns about schedule 21 of the 2020 Act, but we are where we are, and the procedures of the House leave us little room for manoeuvre, so we will support the Government in the Division Lobby, should it come to that, albeit that we would rather not be in this situation.

Schedule 22 is another schedule that is open to abuse, and I hope the Government will review it and come forward with alternatives; given recent events, the power it contains on gatherings has caused understandable concern. However, some progress is offered by the public health regulations, which expressly include—I think for the first time, and in relation to each step of lockdown relaxation—the right to gather for purposes of protest. That is welcome but, to be frank, it should have been there all along. I have some concerns that, to comply, organisers must take into account, in the words of the regulations,

“any guidance issued by the government relevant to the gathering”,

which means that the Government, through guidance, which could be general or specific to a particular protest, can determine what is allowed by way of protest. I hope the Minister, who is a decent man and a fellow Leicestershire MP, can offer us some guidance on that in his response.

Notwithstanding our concerns, we understand why the 2020 Act must stay on the statute book and why the public health regulations must receive the support of the House today. The pandemic is not over. The virus is surging again. Deaths are increasing across the world after going down for some weeks. Mutations could emerge, which could bounce back at us and set us back considerably. Although they would probably not put us back to square one, they could evade the success of our vaccination programme. A year ago, I concluded my remarks by observing:

“The crisis has exposed the vulnerability of a society in which insecure work is rife, deregulation is king and public services are underfunded. When we come out on the other side, as we will, we have to build a society that puts people first.”—[Official Report, 23 March 2020; Vol. 674, c. 61.]

Rebuilding that society becomes ever more urgent every day.

[Madam Deputy Speaker (Dame Rosie Winterton)]

The four-minute limit will now be on for Back-Bench speeches.