Public Health

Justin Madders Excerpts

Monday 4th May 2020 Commons Chamber

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

We all wish that these regulations were not necessary, but we are all absolutely clear that, given the threat we face, they are required. Before we get into the substance of the regulations, I want to say a little bit about the process, because whether we support these measures or not, given that they represent the biggest peacetime restrictions that this country has ever seen, they do demand full parliamentary scrutiny. I do not intend this to be a criticism of the Minister or anyone else, because we all know the efforts that have been made to get this place up and running again, but a couple of hours’ debate weeks after the regulations were introduced cannot in future be sufficient to provide the level of examination and scrutiny that such sweeping laws require.

We all know the damage that this virus is doing to our society, and we all know that these measures are needed to limit that damage, but we should not forget their impact—the business shut down overnight with no idea if or when it might trade again; the child who cannot understand why they cannot see their friends any more; the grandparents cut off from their family, missing out on their grandchildren growing up. Everyone is facing their own challenges. The physical and mental toll is huge, yet virtually everyone is adhering to these rules in a way that is a testament to the resolve and determination of the British people. So we say thank you to everyone who has played their part in slowing the spread of the virus.

We acknowledge that this is incredibly difficult, and we do not want these measures to be in place for a day longer than is absolutely necessary. The first duty of any Government is to protect its citizens, and if it is necessary to curtail basic freedoms—freedoms for which people have fought and died—to protect them, reality dictates that that is what has to happen. That reality must be accompanied by openness, accountability and scrutiny at a greater level than we would ordinarily see. We accept that the regulations had to be introduced hurriedly in response to the rising number of infections, but there is now a new rhythm to life, and there ought to be time and space to ensure that any future changes have democratic consent before they are introduced.

The regulations require a review every three weeks—as the Minister said, one is due in the next few days. The Secretary of State is legally required to terminate any regulations that are not necessary or proportionate to control the transmission of the virus. A statement in the House following the review will provide a helpful examination of that requirement. I hope that when the Minister responds he will commit to that and to an oral statement after each subsequent review. If that review envisages some relaxation of the measures, we hope that any new regulations on the back of that are debated here before they are implemented and, most importantly, that they follow a wider conversation with Opposition parties, employers, trade unions and, of course, the public.

There are reports that that has begun to happen, but it needs to be done in a structured, open way, not through media briefings or leaks. I do not say that to make a political point, but because I believe that consent for an application of the rules will be better after full and transparent dialogue than it would be without that. We need only to look at the way in which some of those rules were interpreted and applied in the early days to know that there was confusion about their exact meaning. Again, that is not intended as a criticism—no law, let alone one that is completely unprecedented in its reach in modern times could be implemented without areas where there is ambiguity, and clarification is required.

Much of that was most likely due to the unusual and sudden nature of the regulations, but even recently we have seen a divergence between ministerial pronouncements and what the law actually allows. For example, the Secretary of State for Housing, Communities and Local Government has recently said on a number of occasions that tips should be able to reopen. Regulation 6 does not state that such a visit is a reasonable excuse for leaving home.

That leads to my next point—the current rules, sweeping as they are, are not numerous. If the next phase is likely to contain a longer list of reasonable excuses to leave home, it is even more important that those rules are clear and consistent. The rules need to be harmonised with advice, guidelines and all forms of official communication. We do not want people to imply legal authority where there is none, or to act outside the law. That is vital to preserve the rule of law. We know that the lockdown was a blunt tool—effective nevertheless—and one that will change by definition as restrictions ease. There will be a measure of nuance, distinction and variation that requires careful explanation and policing. People will inevitably ask why one set of businesses can reopen, but not another. We believe that full disclosure not just of the names of the attendees of the Scientific Group for Emergencies but of all the scientific evidence and advice that has been provided is required to give the public confidence and reassurance on any changes to the rules.

It is in the area of transparency that we need a change from what have seen so far. To take people with us, and for the morale of the nation, any changes to the rules must be viewed in the context of a published exit strategy. We need clear sight of the proposed areas where restrictions will be eased, and a robust plan to protect workers and the public alongside a published impact assessment. So far, there has been no impact assessment—again, we understand why that was not possible in the circumstances, but we do not want that to become the norm, especially for regulations such as this. We see the impact every day and we know that it is not distributed equally.

I should like the Minister to provide assurances that there will be adequate personal protective equipment for all those working on the frontline and facing exposure to the virus. I should like to put on the record our thanks for the extraordinary bravery and dedication demonstrated by NHS staff and other public servants. Our thoughts are with those who have lost loved ones to the virus, and we hear the concerns from many royal colleges and trade unions in the NHS and social care sectors about the availability of PPE. That matters going forward. If, for example, any changes to the lockdown rules involve the wearing of masks in public what steps will the Government take to ensure that everyone can access them consistently and securely?

Will the Minister also address the question of what resources will be devoted to helping businesses make physical changes to ensure safe working and to increase capacity for the official enforcement of safe working practices? The Health and Safety Executive has experienced significant cuts to its budget over the past decade, and demands on it will be higher as questions inevitably arise about safety. What extra funding will be available to meet that demand?

Will the Minister provide clarity on the status of the 2-metre social distancing rule? It is probably the most effective tool in helping to stop the spread of the virus, yet it does not appear in the regulations. Does it appear elsewhere? Is it actually enforceable? On the question of enforceability, the comments today from the TUC about the lack of enforceability of the proposed guidelines that it has seen are extremely troubling. We cannot allow people back into work unless there is confidence that a robust and enforceable system is in place to guarantee their safety.

Finally, we require clarification on the list of vulnerable people in schedule 1 of the first set of regulations. For example, motor neurone disease appears in the schedule as an underlying medical condition for those in the vulnerable category, but it is not among the high-risk category of patients on the NHS shielding list. This may well be another example of where there needs to be greater harmony between the regulations and other guidance.

In conclusion, we will not oppose the regulations but, given that they represent the most severe restrictions imposed on British liberty in modern history, it is critical that they are subject to continual comprehensive and transparent scrutiny. Democracy demands no less.

[Madam Deputy Speaker (Dame Eleanor Laing)]

We now have a formal time limit of five minutes.