Health Protection (Coronavirus, Restrictions) (No. 2) (England) (Amendment) (No. 2) Regulations 2020

Lord Bethell Excerpts

Friday 18th September 2020 Lords Chamber

Moved by

[Lord Bethell]

That the Regulations laid before the House on 23 July be approved.

Relevant document: 24th Report from the Secondary Legislation Scrutiny Committee.

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

My Lords, I beg to move that these regulations, originally tabled by my right honourable friend the Secretary of State for Health and Social Care, be approved.

I will start by summarising the changes to the regulations. The Health Protection (Coronavirus, Restrictions) (No.2) England) Regulations, which I will refer to as “the national regulations”, were laid on 4 July. There have been five changes to the national regulations, the first of which were debated and approved in both Houses before the recess. Today’s debate will focus on the second, third and fourth amendments to those regulations.

The second and third amendments to the national regulations continued to ease business closure restrictions. The second amendment to the national regulations permitted the reopening of businesses and venues from 25 July, including: indoor swimming pools, including water parks; indoor fitness and dance studios; and indoor gyms and sports courts and facilities. Alongside these changes the Government produced supporting guidance advising that the most high-risk activities within those business and venues, such as saunas and steam rooms, should not reopen.

From 15 August the following venues were permitted to open: bowling alleys; indoor skating rinks; indoor play areas, including soft play areas, with several adjustments advised in guidance, such as the closure and removal of ball pits; casinos; and exhibition halls and conference centres, with guidance advising that this is only to enable government-endorsed pilots for the time being.

Alongside those regulatory changes, there was also a series of non-legislative changes to allow close-contact services, including treatments on the face, to resume. These included: allowing socially distanced and outdoor performances to take place; pilots for large crowds in sports stadia and business events; and the relaxation of guidance on wedding and civil partnerships to allow receptions of up to 30 people.

As set out above, these amendments opened businesses and venues that had been required to close, with Covid-secure guidance developed with industry and medical advice to ensure that they opened in a safe way. This has meant that now, nationally, only nightclubs, dancehalls, discotheques, sexual entertainment venues and hostess bars are required to remain closed. These are considered to pose a high risk of transmission due to the close proximity of those attending them.

Regarding the fourth amendment on strengthening enforcement of national regulations, although we were able to successively ease business restrictions over the Summer Recess, we also now better understand how the infection is transmitted and the role of social activity within this. That is why the Government have acted quickly to strengthen the enforcement and restrictiveness of social distancing measures against the backdrop of a slow but steady increase in infection levels nationally.

The fourth amendment to the national regulations, which came into force on 28 August, created a new offence of holding or being involved in the holding of an illegal gathering of more than 30 people, giving the police the power to issue a fixed penalty notice of £10,000 to deter the most egregious breaches of social distancing measures.

I want to say a word about the justification for using emergency powers and give an explanation of how decisions are made. We have needed to use the emergency powers to amend these regulations so that we can respond quickly to the serious and imminent threat to public health posed by coronavirus. I know that these national regulations have caused disruption to people’s lives by placing restrictions on who they can see, what they can do and where they can work. Just as the Secretary of State has a legal obligation to protect public health, he is obliged to ease restrictions as soon as it is safe to do so.

The Government continue to pay close attention to the measures, assessing them to ensure that they continue to be necessary and proportionate. These regulations set out that a review of these restrictions must take place within 28 days. However, the Secretary of State for Health keeps their necessity under constant consideration between these formal review points. The question to be considered is whether the “restrictions and requirements” contained within the regulations remain necessary for the public health purposes of the regulations.

Each restriction must be judged by reference to its continuing necessity as the crisis develops, and be based on the available information, at each stage, about the effectiveness and impact of the measures. We use the best available science, along with consideration of the most up-to-date data available at the time to inform decisions. Central to this continues to be a robust assessment of the rate of transmission and infection. However, this Government have also undertaken significant wider analysis and evaluation of the national regulations, including consideration of economic impacts, the level of compliance with the measures, the amount of enforcement needed and impacts felt by local authorities. Understanding the full impacts of these regulations is key to continuing to improve our approach to controlling the virus. This shows the Government’s commitment to ensure that restrictions are in place only for as long as necessary, and the evolution in our understanding and approach to tackling the virus.

Perhaps I may say a word about local restrictions. Over the Summer Recess we have combined tightening restrictions in areas with outbreaks with the easing of business restrictions nationally. As welcomed in the debate just a few weeks ago, we have given local authorities powers to act quickly in response to local outbreaks by closing specific premises, shutting public outdoor spaces and cancelling events. We want to build on this trusted partnership with local government so that we can have a more targeted and localised response to any future outbreaks. We asked all councils to develop dedicated local outbreak plans. We gave councils £300 million in new funding to support this and published the Contain framework, providing further guidance on managing local outbreaks.

Where regulations have been required, the Government have worked with local partners to develop tailored and proportionate restrictions based on the best scientific evidence available, varying from a single factory to an entire region. These interventions have been underpinned by scientific evidence—[Inaudible]—to analyse this local data and provide the scientific advice—

[Baroness Penn (Con)]

My Lords, we have a problem with the connection. I suggest that we adjourn for five minutes.

--- Later in debate ---

[The Deputy Speaker (Lord Lexden) (Con)]

My Lords, I call on the noble Lord, Lord Bethell, to resume his speech.

[Lord Bethell (Con) [V]]

My Lords, may I say something about local restrictions? [Connection lost.]

[Baroness Penn (Con)]

My Lords, with your permission, I shall complete—

[Lord Bethell (Con) [V]]

My Lords, may I something about local restrictions?

Over the Summer Recess, we have combined tightening restrictions in areas with outbreaks with the easing of business restrictions. [Connection lost.]

[Baroness Penn (Con)]

My Lords, with your permission, I shall complete the Minister’s opening speech. May I say something about local restrictions? [Laughter.]

Over the Summer Recess, we have combined tightening restrictions in areas with outbreaks with the easing of business restrictions nationally. We have given local authorities powers to act in response to local outbreaks by closing specific premises, shutting public outdoor spaces and cancelling events.

We asked all councils to develop dedicated local outbreak plans, gave them £300 million of new funding to support this and published the contain framework, providing further guidance on managing local outbreaks. Where regulations have been required, the Government have worked with local partners to develop tailored and proportionate restrictions based on the best scientific evidence available, varying from a single factory to an entire region such as the north of England. These interventions have been underpinned by scientific advice and local data provided by a combination of Public Health England, the joint biosecurity centre and NHS Test and Trace.

On Monday 14 September, noble Lords will have seen the rule of six come into effect. This change brought the gathering policy from guidance into regulation, mandating that people can gather only in groups of six. This applies both indoors and outdoors. Single households or support bubbles of more than six are still able to gather, and there are a small number of exceptions, such as for work, schools, weddings and organised sports activities. As the Prime Minister announced last week, these measures are not a second national lockdown but are aimed at preventing the need for one.

It is thanks to the public and their continued effort that we have been able to slow the spread of the virus and start cautiously to return to life as normal. Although time has passed since the peak we saw in the spring, the threat posed by the virus has not gone away. Now, with winter approaching, we will keep doing whatever it takes to keep it under control. I am grateful to noble Lords for their valuable contributions to these debates and for continuing to challenge us to do better in this vital area of public policy.

I believe that we have met the bar set for us in these debates. These regulations are a proportionate and necessary use of the powers that Parliament has asked us to use. I commend them to the House.

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[Lord Bethell (Con) [V]]

My Lords, this has been a moving and emotional debate. I would like to start, before I go on to my scripted speech, by addressing three key points raised by noble Lords. First, I would like to thank noble Lords for their patience for my not being in the Chamber today, and for, as was described, my “dodgy connections”. I would have liked to be there, and it is my intention to be there in future.

Two themes have been raised time and again, which I would like to address. One is the processing of regulations. Before I talk formally about this, perhaps I may share with the House the fact that decision-making in Government over the last six months has turned on a penny. We have often been in situations where we thought we were going to do one thing at the beginning of a meeting, we have come out of the meeting with new data and new insights, we have made a completely different decision and have had to implement that decision later in the day. This has been extremely tough in many ways, and it has been tough when it comes to scrutiny and bringing regulations in front of the House. I reassure the House that parliamentary scrutiny is valued by the Government, by Ministers and by everyone who brings regulations to the House. It is a massive priority for us that these debates are taken seriously.

Secondly, in response to the many touching personal testimonies of noble Lords during this debate, I say that the individual impacts of these regulations on people in the country are not underestimated by anybody. The stories of grandchildren, parents, split families, the difficulties over childcare and practical matters—these are terrible impacts of this horrible disease. We work extremely hard to try to minimise those impacts, and we try to design the guidelines so that they will have the smallest possible impact. We value enormously the feedback we get from Parliament, from civic groups and from representations, and seek to tweak the guidelines accordingly. I would just like to put those sentiments on the record.

I now turn to the questions posed by noble Lords. My noble friends Lady Neville-Rolfe, Lady Altmann and Lord Forsyth, and the noble Baroness, Lady Hayman, all touched on the frustrations of the public, and I think I have just addressed that. The personal testimony of all of them was extremely moving. I reassure the noble Baronesses, Lady Thornton and Lady Donaghy, and my noble friend Lord Bourne that we do bring the full force of government behind our decision-making. The process of COBRA has given way to the processes of COVID-O and Covid Gold. These are extremely well-managed processes; they are on a weekly roster and have made a huge impact on government.

On parliamentary scrutiny, I completely recognise the concerns of a great many noble Lords, including my noble friend Lord Cormack, the noble Lords, Lord Liddle, Lord Dubs and Lord Scriven, and others. They have all raised concerns about the way in which we are using Section 45R of the Public Health (Control of Disease) Act 1984.

Arrangement of business is a matter for my right honourable friend the Chief Whip and the usual channels. Standing Order 72 prevents us from taking affirmative SIs until the JCSI has reported on them, and that does create delays. Where regulations have to be debated, those debates take place in light of the reports of the JCSI. I reassure my noble friend Lord Bourne of Aberystwyth that regulations are reviewed every 28 days. The first review was on 31 July, the most recent review took place on 28 August and the next one will be on 25 September. I remind the House that Ministers have provided Oral Statements in relation to the introduction of new measures or significant changes, and Written Ministerial Statements following amendments when Parliament is sitting.

The noble Baronesses, Lady Walmsley and Lady Jolly, and my noble friend Lady Neville-Rolfe all asked questions about the £10,000 fine, which is a significant amount that reflects the seriousness of the new offence. I reassure noble Lords that this is an extremely defined offence. It is anticipated that the fines will be small in number but huge in impact. The Metropolitan Police has responded to 1,000 unlicensed events between June and the middle of August. This has created a massive public health threat, which we take seriously. To answer the noble Baroness, Lady Jolly, I had no role in any of these events, but I reassure her that bingo halls have been reopened.

On the economy and Covid-secure guidance, I reassure my noble friends Lady Neville-Rolfe and Lady Noakes, and the noble Baroness, Lady Wheatcroft, that the Government are committed to lifting the regulations as soon as it is safe to do so, enabling the economy to restart in a way that keeps people safe. Covid-secure guidance has been developed in close collaboration with industry and medical experts to help keep businesses open wherever we possibly can, and at every stage we have looked to support business and people returning to life as normal, but striking a balance between that and public health commitments. We have seen the positive news from the ONS that in July the economy grew by 6.6%, meaning that GDP is now 18.6% higher than the April low.

On the NHS, the noble Baroness, Lady Walmsley, raised an important point about capacity, particularly on caring for those who are experiencing the long-term effects of Covid. We are extremely focused on the effects of long-term Covid, particularly for those who have not displayed symptoms, and the Government are providing an extra £3 billion of funding for the NHS.

The noble Baronesses, Lady Hayman and Lady Uddin, asked about children and the rule of six. We have set up clear and consistent limits on the rule of six for children of any age in any settings. This makes things easier to understand for the public and easier to enforce by the police and public health officials. We will keep this under review but the CMO has been clear that children are unfortunately a vector for infection, and a national outbreak among children would have a profound impact on the whole country.

The noble Baroness, Lady Uddin, and the noble Lord, Lord Singh, asked about the severe impact of the disease among the BAME community. I reassure them that we are doing everything we can to market our public health messages to these communities and research the effects of this disease among them, putting in place the appropriate protections wherever we can.

The noble Baroness, Lady Bennett, raised an important point. I can confirm that there is a legal exemption to the rule of six for the purpose of formal childcare provided by a registered provider and in settings not formally registered that provide wrap-around care, such as school clubs, breakfast clubs and sports clubs, as well as for children’s youth clubs. When childcare is provided informally, gathering limits should not be exceeded.

The noble Baroness, Lady Walmsley, asked about the right to protest. I reassure her that we are clear that peaceful protest is a vital part of a democratic society and is a long-standing tradition. She asked who was responsible; those who organise the protests are responsible for them, and it is their responsibility to ensure that they comply. The police’s role will be to check that they are complying and to disperse them if they do not. On this, I would be glad to write to the noble Baroness, Lady Thornton, on her detailed questions about fines.

On sport, my noble friends Lord Naseby and Lord Moynihan raised important questions about being able to exercise within the rule of six. There are exemptions for organised sports and licensed physical activities, including 30 exempted sports. Outdoor activity is safer from a transmission perspective and it is often easier to distance, but not all sports can be Covid-compliant.

I reassure the noble Baroness, Lady Hayman, that these measures are kept under review, and I understand the tough decisions made by families.

On inconsistencies regarding face coverings in gyms, I can confirm to the noble Baroness, Lady Wheatcroft, that we have mandated the wearing of face coverings in indoor settings, as it is not always possible to maintain social distancing.

This is an extremely fast-moving and changing situation which the Government have moved swiftly on to protect the public health. The state of the infection is changing very quickly, as my noble friend Lord Bourne rightly pointed out. The rate of infection has been affected by the return of school and the return to work, and we can see in countries overseas the impact that has on hospital attendance, ventilation rates and, in some places, on death rates. We are moving quickly to adapt.

I completely understand the frustrations. However, we have seen huge achievements from the implementation of these regulations in tackling the spread of the virus, and these regulations before us today, those we will see later and their predecessors have been a major part of that. Although we have significantly progressed in our fight against the virus, now is not the time for complacency, particularly as we head towards winter and prevalence rates are rising. More regulations will be coming but we will keep under review the way in which those are handled. I beg to move.

Motion agreed.