Health Protection (Coronavirus, Collection of Contact Details etc and Related Requirements) Regulations 2020

Lord Greaves Excerpts

Wednesday 7th October 2020 Lords Chamber

[Lord Greaves (LD) [V]]

My Lords, I support everything that my noble friend Lady Barker said and declare my interest as a local councillor, in view of what I am going to say.

There are serious civil liberty issues here, serious data protection issues and, more to the point, serious issues about operational practicality, but I do not want to say more about those things, except: does it mean that everybody who is involved in collecting this information has to register with the Information Commissioner as a data controller? What is happening to make sure that happens, if that is true?

I really want to talk about the problems that issues like this cause in areas with two-tier local government, where there is the county council—the Health and Social Care Act set a public health function at county level—and the districts, which have always been the local public health bodies. The old public health inspectors, 45 years ago, became environmental health officers, but they are still there and do the work. They are the people who, for example, are skilled and trained in tracing infectious diseases locally, but the Government really have not been using them as well as they should have been during this pandemic. When it comes to checking premises such as pubs, restaurants and all the rest which are listed here, it is the environmental health staff from the district council, who do that anyway —for example, food standards inspections—who will be doing this work in many areas. They are employed by the district councils, but Regulation 4 on “Interpretation” states that

“‘local authority’ means … (b) a district council in England for an area in which there is no county council”.

Otherwise, it is a county council.

On power to close premises which are not carrying out all the distancing regulations—pubs, for example—it is the county council and the county officers who possess the powers, but it is often the district council officers, who are on the ground and know the patch in a way that county officers do not, who will be doing the legwork and investigations and deciding that a pub needs to close. The same will be the case in checking that data collection—names and addresses under this regulation—is being carried out. The people who do the work are from the district, but the people who have the powers to enforce are at the county. This is causing delays and extra unnecessary bureaucracy. If the districts were given the power alongside the county, this would be solved, and I hope the Minister will look at it.