Health Protection (Coronavirus, Restrictions) (England) (Amendment) (No. 3) Regulations 2020

Lord Bethell Excerpts

Thursday 25th June 2020 Lords Chamber

Moved by

[Lord Bethell]

That the Regulations laid before the House on 1 June be approved.

Relevant document: 17th Report from the Secondary Legislation Scrutiny Committee.

Approval period expires 27 June.

[The Parliamentary Under-Secretary of State, Department of Health and Social Care (Lord Bethell) (Con)]

My Lords, the amending regulations that we are discussing were made by the Secretary of State on 31 May and came into force on 1 June, and again on 12 June, with changes coming into effect between 13 June and 15 June. Following the Prime Minister’s announcement on Tuesday of this week, there will be a further set of amendments made to the regulations next week.

I begin with the issue of sequencing, which I completely acknowledge is a concern and would like to address up front. Amendments to the regulations have been rapid and frequent. This has been necessary to ensure that the Government can respond quickly to the changing threat from this horrible disease. Events have demonstrated that the regulations have been a success and critical to helping us to reduce the infection rate and protect the NHS. However, the Government recognise that the measures have come at a significant cost to many aspects of our lives. The British people have made sacrifices that few would have previously predicted in order to control the spread of the virus. It is our duty to relieve them of these sacrifices by lifting restrictions as soon as it is safe to do so.

The use of the emergency procedure, which involves the unusual step of bringing regulations into force prior to them being debated in the House, has enabled us to do just this. Through this process, we have been able to adapt social distancing measures to best reflect public health interests while beginning a welcome shift towards normality and reopening the economy.

I recognise that there may be frustrations because we have had to run several of these amendment processes in parallel. However, as I outlined to the House 10 days ago, I believe that government action and parliamentary scrutiny working in tandem, even under difficult circumstances, has demonstrated the merits of our constitution. Nevertheless, I wish to reiterate that we do not see this as a precedent for how government engages with Parliament on other matters in more usual times. I have heard the concerns of many noble Lords, I acknowledge their worries, and I am grateful to all parliamentarians for their continued support in this matter during this peculiar period.

Coronavirus is the biggest challenge the UK has faced in decades. That is why the Government needed to introduce these extraordinary regulations to put in place social distancing measures that would slow the spread of the virus and protect our NHS in order to save lives. I am extremely grateful to the public for their continued support for these onerous measures—a commitment which has been instrumental in making these regulations a success.

I am proud of the strength and resilience shown by this country. This strength and resilience has helped us to make great progress, culminating in the continued decline in daily death rates and the drop in our Covid alert level from 4 to 3. Now, we must look towards recovery and a return to our normal way of life as soon and as safely as possible.

On 11 May, the Prime Minister made a Statement to the House outlining the Government’s roadmap for easing restrictions as we entered phase two of the recovery strategy. This involved gradually replacing the current social distancing restrictions with smarter measures that would have the largest effect on controlling the epidemic but at the lowest health, economic and social cost. This began with the amendments on 13 May, debated in this House on 15 June, which were a small step in reducing those restrictions. The regulations were further amended on 1 June and subsequently on 12 June.

The 1 June and 12 June amendments, which we are discussing today, were crucial stepping-stones in this process. It has been necessary for the Government to respond quickly to the reduced rate of transmission and to protect individual rights, all the while ensuring that the regulations in place are proportionate and necessary. We are now looking ahead to phase three of the recovery strategy. Further amendments will be made to the regulations, which will allow us to go even further in relaxing the restrictions placed on the British people and the economy, while protecting public health.

I will now outline the changes made on 1 June, which included: first, allowing increased social contact outdoors, in either a private or public space, in groups of up to six people from different households; secondly, enabling elite athletes to train and compete in previously closed facilities; thirdly, opening some non-essential retail, while expressly providing which businesses remained closed; fourthly, ensuring that venues such as community centres can open for education and childcare services; and fifthly, ensuring that those required to self-isolate on arrival in the UK can stay in hotels. We also amended the maximum review period to 28 days. This longer review period ensures that we will be able to take fully into account the impact of any previous amendments before making further changes.

The changes made subsequently on 12 June included: first, increasing social contact for the most isolated through support bubbles; secondly, further opening of non-essential retail; thirdly, allowing individual prayer in places of worship; fourthly, and finally, opening certain outdoor attractions such as zoos and drive-in cinemas.

The Government continue to work on the process of easing restrictions as soon as it is safe to do so, in line with the ambitions set out for phase three in the roadmap. Working alongside scientists and experts, we must act swiftly to respond to current infection rates and our assessment of the five tests that the Government have set out previously. I am sure that we will support the aim to protect and restore livelihoods by keeping in place only those restrictions which are proportionate unnecessary.

I am grateful to all parliamentarians for their continued engagement in this process and their valuable scrutiny, which is entirely right and an important aspect of each set of amendments.

--- Later in debate ---

[Lord Bethell]

My Lords, I would like to say an enormous thanks for a valuable and important debate. Over the coming weeks and months, we will continue to ease the restrictions put on individuals, society and businesses by these regulations as it becomes safe to do so. The amendments debated today play an important role in that gradual return to normal life, as outlined in the Prime Minister’s Statement on Tuesday. I remind noble Lords that the Leader of the House was here earlier holding a debate on that Statement, as she has done when there have been other announcement of a similar nature. I acknowledge the value of giving people warning of these changes, as referenced by the noble Lord, Lord Hunt, and I acknowledge the frustration of the noble Lord, Lord Purvis, and the noble Baroness, Lady Thornton, about the sequencing of these amendments, which I think I addressed in my earlier comments.

I am pleased that, as of 4 July, we will relax additional restrictions in a safe way. This is an exciting step towards a more normal way of life. Nevertheless, this return to normal life requires constant and careful surveillance of the latest epidemiological evidence, making changes only when the facts suggest it is safe to do so. We understand the burden these restrictions have placed on not only individuals but society as a whole, so the Government will maintain only the restrictions that are necessary and proportionate.

To reassure my noble friend Lady Wheatcroft, and in reply to the thought-provoking challenge made by my noble friend Lord Robathan, I say that, whatever the argument of those who are sceptical of the evidence-based approach to science-led policy-making, the Government are determined to be led by the science. We will sometimes be in conflict with public attitude and the headline writers, but that will remain our commitment. On that point, I cannot hide from the House that we remain ready to reimpose stricter measures if it becomes necessary. As the Prime Minister outlined in his Statement on Tuesday, we will not hesitate to apply the brakes if a national-level response is required.

The debate has provided an opportunity for Peers to raise points relating to the whole spectrum of our activity. I remind the noble Baroness, Lady Jones, that on 23 March the French Government declared a widespread state of emergency that granted the executive branch enormous powers. This has not been our approach. I assure her that trial by jury remains a cardinal tenet of the British constitution.

I will take a moment to address some of the issues highlighted by noble Lords. I start by paying tribute to the noble Lord, Lord Campbell-Savours, for his remarkable and determined perseverance on masks and distancing. In part due to the kind of pressure that he has characterised, our advice will change from 4 July to one metre-plus, which is one metre’s distance plus mitigations when people cannot stay two metres apart. These mitigations will depend on the workplace or setting. For example, people must wear a face covering on public transport since it is not always possible to stay two metres apart. Put another way, this is one metre plus a face covering. In other spaces, mitigations could include installing screens, making people face away from each other, putting in handwashing facilities, minimising the amount of time people are together and so on. Having mitigations in place at one metre can be broadly equivalent in reducing transmission to staying two metres apart. We have set out Covid-secure guidance to help businesses take the measures that are right for them.

On face coverings, in reference to my noble friend Lord Blencathra, the noble Baroness, Lady Meacher, and the noble Lord, Lord Campbell-Savours, who I mentioned, I say that passengers have been told they will be required to have face masks when travelling from 15 June. There are some exemptions for health, age or equality reasons. Transport usage has been slowly increasing as restrictions are lifted. Social distancing remains the most important way to keep safe, but on public transport it is not always possible to follow this guidance.

[Baroness Thornton]

Will the Minister give way? I know that it is a strange thing to ask these days. I am using public transport all the time to get to and from your Lordships’ House. I can report that particularly men and young men are not wearing their masks.

[Lord Bethell]

The noble Baroness is entirely right. It is incredibly tough to persuade people to wear their masks. There is a huge cultural gap. That reason and the insights of our behavioural scientists have led us to move relatively slowly, despite the articulate and passionate exhortations we have had on this subject. We are looking at ways to encourage mask wearing, but it is a struggle and not one that we think that we can necessarily rely on.

On non-essential retail, in response to my noble friend Lady Anelay, I say that I have recently met the Association of Medical Research Charities and I acknowledge the pressures faced by good causes supported by charity shops. The Prime Minister announced a timeline for the reopening of non-essential retail businesses on 25 May. I hope very much that that can bring some relief to that important sector.

We completely understand the impact of the lockdown on the hospitality industry and, as the noble Lord, Lord Scriven, alluded to, garden parties. That is why I am pleased that, following the Prime Minister’s announcement, significant parts of the hospitality and tourism industry will reopen from 4 July. However, to make sure that this is done in as safe a way as possible, all hospitality indoors will be limited to table service. Our guidance will encourage minimal staff and customer contact.

The regulations made on 12 June permitted the use of places of worship for individual prayer. Following the Prime Minister’s announcement on Tuesday, this will be relaxed further and places of worship will be permitted to be open more generally. In response to the noble Baroness, Lady Jolly, I say that this will be a welcome change for those who have been unable to use places of worship for their usual religious practice, and I thank those who have made sacrifices.

In response to my noble friend Lord Naseby, I say that here is no avoiding the fact that singing spreads an aerosol of virus-laden moisture into the air. On cricket, in the words of the Prime Minister, it is plain to everyone that the cricket ball is an infectious vector of disease spreading. I assure the noble Lord, Lord Clark, that we will not hesitate, in the face of a local spike, to bring back whatever lockdown measures are required to save lives and protect the NHS.

The noble Baroness, Lady Ritchie, asked about progress on vaccine development. I am delighted that the UK is taking a leading role in this work. Our best chance of defeating the virus is by working together globally. We have put £84 million into accelerating the work of Oxford University and Imperial College. I pay testament to the work of the scientists there. The noble Baroness also asked about social care; we have set out a comprehensive action plan to support the adult social care sector in England throughout the coronavirus outbreak, including ramping up testing, overhauling the way PPE is delivered to care homes and helping minimise the spread of the virus to keep people safe.

In response to the noble Baronesses, Lady Thornton and Lady Brinton, we cannot avoid the costs of PPE. The global price of PPE has risen dramatically. These costs will have to be borne somehow, somewhere. We are working with Treasury and DH colleagues to figure out ways in which they can be borne.

In response to the noble Baroness, Lady Brinton, on shielding, from 6 July those shielding can spend time outdoors in a group of up to six people, including those outside their household. This can be in a public outdoor space or a private garden. Also from 6 July, those shielding will be able to create a support bubble.

I have answers to questions from a number of noble Lords, including on the devolved Administrations, parliamentary scrutiny and local powers. I will not be able to get through all of them in the time remaining. I thank noble Lords for all their contributions and valuable points during this debate. I reassure the noble Lords, Lord Rennard and Lord Liddle, that a lessons learned process will be undertaken when the time is right, but we are not through this yet.

These regulations have been hugely successful in tackling the spread of the virus. While recognising some local limitations, as mentioned by the noble Lord, Lord Goddard, we are enormously grateful to the public for their sacrifices and to the NHS and social care workers for their hard work on the front line.

[Lord Purvis of Tweed]

Before the Minister sits down, the noble Baroness, Lady Thornton, made a very good intervention—