Health Protection (Coronavirus, Restrictions) (England) Regulations 2020

Lord Alton of Liverpool Excerpts

Tuesday 12th May 2020 Lords Chamber

[Lord Alton of Liverpool (CB)]

My Lords, the justification for not providing Parliament with a draft of these regulations, as is usual, has been

“the serious and imminent threat to public health”.

Notwithstanding that, the noble Lord, Lord Hunt of Kings Heath, is right to say that our duty is to ask awkward questions and to scrutinise. I will use my three short minutes to do that.

Confusingly, while these regulations impose restrictions and fines for members of the public breaking the lockdown, a Cabinet Minister has said of Covid-19, “let it run hot”. Our Minister, who replies for the whole Government, says that it was not his department that said this, but which of these strategies—carefully cautious or “let it rip”—is the Government’s position? When will he publish the scientific evidence behind the use of that phrase?

The Care Quality Commission is to investigate whether hospitals, some here in the north of England, might have broken the law by sending patients with Covid-19 back to care homes, where more than a quarter of Covid deaths have occurred. Managers and staff were not told that the patients being discharged were infected, triggering new fatal outbreaks among other residents. Will the Minister confirm that, in doing this, the law was indeed broken? When do the Government anticipate that the CQC will publish its report? Will the findings be presented to Parliament?

Will the Minister confirm that levels of coronavirus infection are probably at least five times higher among hospital and care home staff than in the wider population —I declare an interest in that one of my sons is an A&E doctor working in a hospital with Covid patients—and that coronavirus outbreaks in care homes are now leaking back into the community and driving the epidemic? Sir Ian Diamond, the head of the Office for National Statistics, says that the R number, referred to earlier by the noble Lord,

“is driven by the epidemic in care homes”.

Will these regulations be used to stop carers visiting multiple care facilities? If so, what thought is being given to the care needs of residents and ensuring that staff who are infected are properly isolated?

I have written to the Minister about the importance of giving public health officers and local councils greater control over tackling the outbreak in their communities. Sir David King, the former Chief Scientific Adviser, says this will be the only way to contain new peaks. Does the Minister agree? I also hope that the Minister agrees that the need for a national care service, locally administered but with central oversight, on a par with the National Health Service and with more than Cinderella status, is now self-evident and long overdue.