Draft Health Security (EU Exit) Regulations 2021

Justin Madders Excerpts

Tuesday 13th July 2021 General Committees

[Justin Madders (Ellesmere Port and Neston) (Lab)]

It is a pleasure to see you in the Chair, Mrs Murray. I thank the Minister for his introduction, and for setting out the effect of the regulations. As he says, in the last 18 months, we have all agreed that we cannot fight transmissible disease alone. We see that in the worldwide effort to develop a vaccine, in the way that covid has gone around the world in waves, and in the fact that most countries with the lowest deaths have been those with the strongest border controls. In many examples, the greater interconnectivity of the world has been one of the biggest challenges, as well as one of the biggest opportunities.

Turning to the substance of the regulations, the Minister will no doubt be aware of the comments by the Secondary Legislation Scrutiny Committee, as set out in the explanatory memorandum:

“Although the Explanatory Memorandum (EM) provided is full of information on future EU-relations, it does perhaps overestimate the average reader’s knowledge of the UK’s plans…Because of the pandemic, coordination of health surveillance is more important than usually, and an EM needs to make it absolutely clear to the House what it is being asked to agree to.”

I have had many concerns about the detail of regulations that have been introduced, so this is not a new issue. The Minister did a valiant job of filling in the gaps, although his speech was a little acronym-heavy at times, but we have some questions outstanding.

We no longer have unconditional access to the EU’s early warning and response system, or the EWRS, as the Minister preferred to call it. The trade and co-operation agreement states that the UK may be granted access to that system on an ad-hoc basis on written request. Will he set out the fall-back position if there is disagreement about a request, or if there is delay in responding to such requests?

The Minister referred to the need for early warnings and early responses. Sometimes, early warnings and an early response are not what we get, although they are clearly critical. Does he have anything to say about how we would deal with that situation? We would hope, of course, never to be in that position, but it is important to understand the Government’s thinking about safeguards in those circumstances. There was also no reference to the World Health Organisation’s role in all this. I wonder whether he can say anything about that.

As we heard, the draft regulations refer to the newly created UK health security agency, or UKHSA, as it will no doubt be commonly known. It will of course undertake functions in relation to future infectious disease threats, but there are still gaps in the detail of how that will work. The Opposition are concerned that the decision to abolish Public Health England and give its role to a security-focused agency could result in important areas of public health not getting the focus and attention that they need. Social inequalities have been clearly exposed by covid, and life expectancy has stalled for almost a decade. Those matters are far too important to be a footnote in UKHSA’s remit, so anything that the Minister can say about that, or even when we can expect more detailed debate about the agency’s role, would be appreciated.

Finally, our four nations continuing to work very closely is just as important as international co-operation. The draft regulations, as the Minister pointed out, set up some measures in respect of that, but putting them into practice is a different thing. There have been many examples over the past 15 months of divergence in the measures taken against covid. Often it is a difference of tone; sometimes it is a difference in timing. Whatever it is, I am afraid that those differences do not recognise that the world is greatly interconnected, and England, Scotland, Wales and Northern Ireland are even more so.

I give one current example: face coverings on public transport, which have been debated recently. I will not drag the Minister into a debate about whether those laws should remain in place, as that is clearly outside the scope of the draft regulations, but it is a very pertinent example of how closer working really should be aimed for. My constituency of Ellesmere Port and Neston is very close to the Welsh border. Many people on both sides of that border travel across it to work. If I were to get on a train to Wales, because of the different approaches to public health there, I would not be legally required to wear a face covering until I reached the Welsh border, but would have to put one on once I got over it. Clearly, that is nonsense position. I think all of us here hope that people will continue to take sensible precautions, and will wear a face covering on public transport, whatever the legal default position. That is a good example of why it is far better for us to work together more closely on public health measures.

Finally, what can be done to ensure that the ambition of joined-up thinking clearly set out in the regulations is reached? In conclusion, we will not oppose the regulations, but I look forward to hearing the Minister’s response to my questions.