Health Protection (Coronavirus, Restrictions) (All Tiers and Self-Isolation) (England) (Amendment) Regulations 2021

Lord Hunt of Kings Heath Excerpts

Monday 1st March 2021 Lords Chamber

[Lord Hunt of Kings Heath (Lab) [V]]

My Lords, the Minister has argued persuasively this afternoon that we need to ensure that infected individuals, and their close contacts, self-isolate. He was also persuasive about the need for the police to have the data necessary to strengthen the effectiveness of the current system. In principle, I support this statutory instrument. The police need more support to deter people from breaching self-isolation and increase compliance, as this is so clearly in the public interest. I wish the Government had been as vigorous when it came to quarantine arrangements at our borders.

I note that the Secondary Legislation Scrutiny Committee has welcomed this SI, having previously criticised the Government for not sharing data effectively with the authorities to enable them to enforce self-isolation. Having said that, I am, like the Minister, mindful that allowing the police access to NHS Test and Trace data does raise some uncomfortable ethical questions. Despite supporting this instrument, I think that it may cause some members of the public to be reluctant to be tested as a result. As the BMA has said:

“We are already concerned that some people are deterred from being tested because they are anxious about loss of income should they need to self-isolate—and we are worried should police involvement add to this.”


We have seen something similar with vaccines. As Nick Cohen wrote in the Observer yesterday,

“Theresa May’s ‘hostile environment’ for migrants makes them frightened of visiting vaccination centres. When the NHS shares data with the Home Office and immigration enforcement, they have every incentive to stay away.”

This is a very sensitive matter and I would like an assurance from the Minister that the SI will be rescinded as soon as possible.

Big Brother Watch has raised the issue of the memorandum of understanding with me and other noble Lords. My understanding is that this was agreed between the Department of Health and the National Police Chiefs’ Council last October but it has never been published. The Minister says that it will be published soon, but does he agree that, when it comes to the sharing of information, we are entitled to see the MoU, in the interests of transparency and speed? Can he confirm that “soon” means in a matter of days?