Health Protection (Coronavirus, Local COVID-19 Alert Level) (Very High) (England) Regulations 2020

Lord Robathan Excerpts

Wednesday 14th October 2020 Lords Chamber

Moved by

[Lord Robathan]

At end to insert “but that this House regrets the failure of Her Majesty’s Government to provide the scientific evidence used to inform these Regulations and other restrictions put in place to address the COVID-19 pandemic, including the imposition of a 10.00pm curfew on businesses.”

[Lord Robathan (Con)]

Some noble Lords may have noticed that I have my reservations about the government policy regarding this pandemic. Of course, there are many different views. Yesterday, we had the somewhat surprising and unlikely juxtaposition of both the leader of the Labour Party and the Conservative leader of Essex County Council calling for tougher restrictions. They may be right.

I have great sympathy for the Government because they are in a very difficult position. They have the hugely difficult task of balancing public health needs against the needs of society and the economy in their policy. They may be right, as we wait with bated breath for the vaccine cavalry to come over the hill. Apparently, though—according to Kate Bingham, the chairman of the Vaccine Taskforce, today—the likelihood is that the vaccine will be only 50% effective.

There are different and opposing views on how to deal with this public health crisis. Of course, I may be wrong. It may not surprise your Lordships to know that I have occasionally—perhaps on many occasions—been wrong in the past. However, this amendment is not concerned with my views or the opposite views.

First, let me ask: what is the purpose of Parliament and this House? Are they just talking shops? The tribunes of the people in the other place should hold the Government to account but we, too, have a role to play, primarily as a revising Chamber. Frankly, we often do rather a good job of that. Also, as I recall from my days at school studying for the British constitution alternative O-level, we act as a check on an unaccountable or overly powerful Government—especially one with a big majority in the Commons—and the arbitrary abuse of power. We should not overstate that role but we can point out the wrongs of untested government decisions.

My amendment concerns the 10 pm curfew in particular. Surely Members of the House of Lords and the House of Commons can legitimately ask about it, because the curfew will do grave damage to an already fragile hospitality industry. Restaurants will struggle without two sittings per evening. Pubs are seeing a slump in sales while, incidentally, supermarkets are seeing an increase in the sale of alcohol to be consumed at home after 10 pm. Crowds are being ejected on to the streets at 10 pm, which rather ruins the idea of preventing large gatherings. There will be a reckoning in terms of closed pubs, bankrupt restaurants and, of course, unemployed staff.

So why 10 pm? Why not 11 pm or 9 pm? There is a sense that the figure was possibly plucked out of the air. What is the reasoning behind it? I doubt that any of your Lordships would disagree that the Government should tell us—more especially, the Commons and, indeed, the British people—the answer, yet I have seen no evidence or real response. There are a lot of assertions but little concrete evidence or informed debate. I want to see the opinions of economists, scientists and others, not just of those urging circuit-breakers and the like. I want to hear a balanced discussion on the merits of the case, including the social, economic and behavioural advice. I want to hear a discussion about whether the current policy, which I understand SAGE urged, is working because, as my noble friend just said, infections are increasing yet we have, and have had for some time, lots of local lockdowns.

By nature, I am a rather boring loyalist. I have a fond, perhaps naive, belief that a Conservative Government usually make the right decisions, and I support them even when I have reservations. Can the Minister tell the House what evidence and reasoning the Government have, and can he please share it with us? If the House receives a satisfactory explanation, I will see no reason to press my amendment to a Division.

--- Later in debate ---

[Lord Robathan (Con)]

My Lords, I thank particularly the noble Baroness, Lady Noakes, and my noble friend Lady Altmann for their support. They will not be surprised to know that I agreed with every word they said. I regret to tell the Minister that I have not heard a satisfactory explanation of the 10 pm curfew, and I understand—I heard this only in the last 10 minutes—that the SAGE minutes from 21 September specifically say that a 10 pm curfew would have a “marginal” effect on transmission. However, we can say that it is a delight to be discussing this on Wednesday, when these regulations were announced, I think, only on Monday.

I want to see courageous political leadership in these difficult times, and I do not want to make the Government’s very difficult task any worse. So I am sorry to disappoint those who have offered to support me in a Division. I should state, for the avoidance of doubt, that I have not been put under any pressure, and I would hate to be thought pusillanimous or, indeed, wet in these things. It is not in my nature. But I will not, on this occasion, seek to test the opinion of the House, and I beg leave to withdraw my amendment.

Lord Robathan’s amendment to the Motion withdrawn.