Lord Hunt of Kings Heath Portrait Lord Hunt of Kings Heath (Lab)
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My Lords, I thank the Minister for his comprehensive introduction to the debate and the statutory instrument. Of course, Covid has brought unequalled challenge to us—a challenge that we have not seen for decades. It has disrupted our lives and many people have died as a result. Of course, the powers that the Government have taken to themselves have been quite exceptional. I do not agree with everything that Big Brother Watch says, but I think it is right to point to the draconian nature of some of those powers. I was very glad the Minister said what he said in relation to Schedules 21 and 22. My understanding is that every single charge made under those schedules was found to be unlawful. As he read out the powers, I shall not repeat them—but they are draconian. They may have been justified, but they were misused. The Minister said that they will be withdrawn. Can he clarify whether they will be withdrawn through a statutory instrument?

The second area I wanted to raise is parliamentary scrutiny. The noble Lord, Lord Cormack, raised during the Urgent Question repeat in the Chamber the point that the Government now seem to announce everything in the media before coming to Parliament. The way in which Parliament has been dealt with over Covid has been very unsatisfactory. We have had more than 500 pieces of secondary legislation; most were rushed out and considered by Parliament retrospectively. The Justice Select Committee reported on this and stated:

“Parliament plays an important role in making sure that the law and any new criminal offences are so far as is possible intelligible, clear and predictable. It is not satisfactory … that Parliament was not … able to fulfil its function when Members were required to consider statutory instruments already superseded”—


this has happened on a number of occasions.

Although it falls to the Commons to vote on the renewal of powers, while we have simply a Take Note approach, the powers are substantial and I must say that I do not think that they should be debated in Grand Committee; they are important enough to be debated in the Chamber and I find it very disappointing that we are here, having to do it in this way.

It is notable that, since we came back in September, there have been hardly any debates on Covid. Again, I find this very worrying, and I would like the Minister to tell me why there have been no Statements. I think the Statement last week was the first one we have had on Covid since we came back. This really is not satisfactory and hardly counts as parliamentary scrutiny.

I also ask the Minister what has happened to SAGE. There has apparently been a downscaling of SAGE’s role. It seems that it now meets only once a month. Can the Minister confirm that and tell me why it is? A government source has been quoted as saying that there is now a lessened demand for scientific advice. Well, I do question whether that is accurate. We are still in a difficult situation: Covid infections are rising and there is a real risk that the booster jab and school vaccinations are behind where they ought to be—hence the Minister’s comments at the end of his introductory speech. My concern is that the Government’s mistakes and, frankly, dubious exceptionalism at the beginning of Covid look like being repeated time and again.

There was another very good joint Select Committee report, from the Health and Social Care and Science and Technology Committees, which was published on 12 October and looked at what has happened over the past 18 months. The report pointed out that the UK was not alone in having suffered badly because of Covid, but we did significantly worse in terms of deaths than many countries, particularly when compared to those in east Asia, even though they were much closer geographically to where the virus first appeared. The report said the UK’s pandemic planning was too narrow and effectively based on a flu model, which failed to learn the lessons from SARS, MERS and Ebola.

Particularly telling was the report’s comment that the Government’s desire to avoid a lockdown because of the harm to the economy that it would entail had a big impact. In the absence of other strategies such as rigorous case isolation, a meaningful test and trace operation and robust border controls, a full lockdown was inevitable and should have come sooner. We saw history repeat itself last autumn, when the Government’s decision not to have a circuit breaker did not follow the scientific advice and Ministers were clearly optimistic in their assumption that the worst was behind us during those summer months.

The question before us today is whether history is repeating itself. We know that our weekly death rate stands at three times the level of other major European nations. We know hospitalisations are rising, and they are certainly at a higher level than in many countries on the continent. The decision to end compulsory mask wearing and to pause plans for vaccine passports in England has made the Government an outlier in their management of the pandemic. By contrast, western European countries such as France, Italy, and in particular Spain, have brought down infection rates to their lowest level since the summer of 2020.

The Government have not been short of advice. When the latest October minutes from SAGE came out, they pointed to current population behaviours being estimated as being closer to pre-pandemic norms than at any point since March 2020—which I think means that people are not wearing masks very much and are not distancing themselves socially. SAGE pointed to early interventions that may reduce the need for more stringent, disruptive and longer-lasting measures to avoid an unacceptable level of hospitalisations.

We have also heard the NHS Confederation calling for not just plan B to be implemented but plan B-plus: calling on the public to mobilise around the NHS and do whatever they can to support front-line services this winter. On the other hand, it has been reported that modelling by the London School of Hygiene & Tropical Medicine has suggested that cases will peak soon and fall away steeply in the winter months. So I ask the Minister to set out current ministerial thinking. I see the temptation to wait and see, in the light of the London School’s modelling. On the other hand, every time the Government have waited and seen, they have turned out to be wrong, so I think at the very least we ought to know today the hard thinking behind the Government’s position in relation to plan B.

Lord Naseby Portrait Lord Naseby (Con)
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My Lords, I declare an interest in that I am married to a doctor, a former GP who ran a big practice in Biggleswade.

Baroness Pitkeathley Portrait The Deputy Chairman of Committees (Baroness Pitkeathley) (Lab)
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I am sorry, there is a speakers’ list. The noble Lord, Lord Scriven, is next.

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Lord Naseby Portrait Lord Naseby (Con)
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I am most grateful. I will make three points about communication. Last Saturday, I queued up at Chicksands centre—two hours’ queueing, with no appointment. Fine—I make no criticism of what was done there. But I then found out that Biggleswade, a town of 30,000-plus which previously did jabs, has no provision. So my advice to my noble friend is to double-check in all the substantial towns to make sure that there is jabbing going on.

Secondly, I mentioned my wife earlier. I declare an interest in that she is a doctor. She was very ill with Covid; she came out six months ago. There was no GP contact and nothing from the hospital. We will monitor it and make sure she is all right, but we are waiting to see whether she gets any communication from anybody—for a woman aged 83.

Thirdly and finally, I was in charge of the communication for the three-day week for an advertising agency. I met daily with the department involved, and the Minister, and we ensured that we had mass communication. Frankly, I see very little in the nationals or in the local papers. I see nothing in the ethnic newspapers and I do not see anything on television. If you want to get this hard core to have vaccinations, you have to swamp the media. I was a professional advertising man before; you do tell them once, you do not tell them twice—you tell them 10 times and then they might hear. I thank noble Lords again for allowing me to take part in the gap.