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

Lord Hunt of Kings Heath Excerpts

Tuesday 12th May 2020 Lords Chamber

[Lord Hunt of Kings Heath (Lab)]

My Lords, I thank the Minister for his introduction to these statutory instruments. The Prime Minister’s Statement will be debated later, so I will focus on these regulations. As the Minister said, they give considerable power to Ministers to make significant demands on us: to stay at home as far as possible, closing many businesses and stopping gatherings of more than two people in public. As Liberty points out, although the regulations expire in six months, Parliament has to approve them only once, yet Ministers are required to review them every three weeks. Ministers can change the guidance and, through a ministerial direction, can terminate a requirement or restriction contained in these instruments. The Minister said that the regulations get the balance right, but Ministers are given huge authority. Liberty suggests that, as a minimum, the regulations should be remade under the Civil Contingencies Act, as opposed to the Public Health Act. This would enable regular parliamentary scrutiny. Will the Minister look at this again?

The other point which I want to raise, which the Minister touched on, is the use of police powers. Overall, the police have responded magnificently to the incredible challenge they have been given. However, there has been confusion, not least over the extent to which people are permitted to exercise and gather outside. As Liberty says, the combination of sweeping powers, haste in drafting legislation and mixed communication strategies is in part to blame for some of the police confusion. This is likely to grow, given the Prime Minister’s Statement and fears among doctors and police chiefs that the new message to stay alert rather than to stay at home may confuse the public and make it harder to enforce the restrictions.

Liberty recommends that any guidance published to supplement the regulations should distinguish between what is law and what is best practice advice to the public. The Lords Scrutiny Committee made similar points and worried about the confusion between the law and the guidelines. It is keen to ensure that the police are aware of the scope of these regulations, as distinct from the guidance. Given the road map laid out by the Government for lifting the restrictions, we are likely to see changes to the guidelines on a regular basis. I hope that the Minister can assure me that all will be done to make clear to the police just what the law is in the regulations that we are asked to approve today.