HEALTH PROTECTION (CORONAVIRUS, RESTRICTIONS) (SELF-ISOLATION) (ENGLAND) REGULATIONS 2020 HEALTH PROTECTION (CORONAVIRUS, RESTRICTIONS) (NORTH OF ENGLAND, NORTH EAST AND NORTH WEST OF ENGLAND AND OBLIGATIONS OF UNDERTAKINGS (ENGLAND) ETC.) (AMENDMENT) REGULATIONS 2020

Matt Western Excerpts

Monday 19th October 2020 General Committees

[Helen Whately]

The hon. Lady makes an important point about the role of employers as well as that of employees. Communications have been going out to make sure that people are aware of the importance of self-isolating. I may be able to offer something more specific about the communications to employers when I respond to the debate. There is financial support now in place because we found out from research that the financial impact of self-isolation was one reason that some people failed to do so.

[Matt Western (Warwick and Leamington) (Lab)]

I raised in Department for Work and Pensions Question Time just now my concern, which I am sure is shared by many Members, about schools that are forced to close at incredibly short notice. One large school in my constituency announced at 3 o’clock yesterday afternoon that it would be closed from 8.30 this morning. That means that many parents will have to stay at home and stay away from work. That impacts particularly heavily on mothers, sadly. They will not be entitled, currently, to the self-isolation payment. Is that something that the Minister is looking at or will support?

[Helen Whately]

I know that that point has been raised throughout the pandemic, and there will be reasons why parents, for example, will have extra childcare responsibilities. We had that challenge during the full lockdown, when schools were closed other than for the children of key workers, and we know that employers did everything they could to be understanding and support their employees. I will take away the hon. Gentleman’s question about whether anything further can be done.

To set out the rationale behind the regulations we are discussing, the headline point is their importance in our overall strategy to combat covid-19. Clearly, the number of people testing positive has risen sharply and, indeed, is still increasing. That is not only among younger people; worryingly, we are seeing increasing rates among the over-60s, particularly in parts of the country that have higher rates overall. Hand in hand with the increasing number of cases, we are seeing a higher percentage of people testing positive and increasing rates of hospital admission, again particularly in areas where the case rates are highest.

Against that backdrop of increasing rates, we heard that, unfortunately, compliance with the restrictions has not been what it should be. To answer the question from my right hon. Friend the Member for Forest of Dean, general population surveys conducted between March and August showed that self-reported self-isolation compliance was relatively low. For instance, only around 20% of the population reported that they fully complied with self-isolation if they had symptoms or were identified as a contact. That is evidence of the challenge with self-isolation compliance at that time.

--- Later in debate ---

[Justin Madders]

My hon. Friend is absolutely right. On many occasions, regulations have been laid—I think of the face-covering ones, for example—and points we have made about inconsistencies in the regulations have then appeared in subsequent regulations, showing the importance of parliamentary scrutiny. Of course I accept that, in a pandemic, things cannot always be done as quickly as possible, but certainly for self-isolation, which been a requirement from the very early days of the pandemic, there is absolutely no need for those regulations to have been introduced at such short notice.

[Matt Western]

To pick up on the point made by my hon. Friend the Member for Newcastle upon Tyne North, this issue is about confusion versus simplicity. Does my hon. Friend favour, as I do, the simplicity and clarity that the Welsh Government are giving, in contrast to the UK Government?

[Justin Madders]

My hon. Friend tempts me to go outside the scope of the regulations. His point about simplicity and clarity of message is vital. In the early days, when there was a clear, national lockdown, it was much easier to convey messages, but issues have become more complicated, and there are a whole range of areas where confusion and uncertainty arises, certainly about the self-isolation regulations. I will be taking the Committee through a number of examples of that.

The self-isolation regulations were laid before Parliament at 5 pm on a Sunday evening and came into force the following day. As we have already said, they contained significant requirements and penalties for individuals and employers alike. I do not think seven hours’ notice on a Sunday evening is the reasonable period of warning that we would want to see as the norm if we want people to understand and comply with the laws. It is not as if self-isolation is a recent development. The requirements have been in place for many months now, and with a little more thought and planning, we could have debated those regulations before they came into force. Nothing I have heard from the Minister today persuades me that there was an urgent need for the regulations to be enacted before debate in Committee.

As we heard from the Minister, the regulations strengthen the duties on those who are required to self-isolate, and increase the penalties for non-compliance. Regulation 2 states that adults who have been notified other than through the NHS app that they have tested positive for coronavirus, or have been in close contact with someone who has tested positive, must self-isolate in their home or another suitable place. Those who test positive are required to self-isolate for 10 days and those who live in the same household, or who have been in contact with someone who has tested positive, must self-isolate for 14 days. The regulation also makes it clear that they are responsible for ensuring that any child under the age of 18 in their household self-isolates.

Regulation 2 sets out the details of the people who are authorised to issue notifications regarding the duty to self-isolate, and states that notifications that are withdrawn are treated as never having been issued. It is not clear from the regulations what the process is following withdrawal, or in what circumstances such a withdrawal might take place. Could the Minister set out in more detail how a withdrawal or a proper notification might come about, and what the practical and legal consequences of such notification might be?

Regulation 3 sets out periods for self-isolation, which differ depending on whether a person has tested positive for coronavirus, lives in the same household as a person who has tested positive, or is a close contact of a person outside their household who has tested positive. As we have already said, clear communication is a key weapon in this fight. I will not recount the many confused and mixed messages we have had, but I will raise with the Minister a real and current concern I have with contradictory messages around self-isolation periods.

Regulation 3(3) states that the period of self-isolation begins on the day symptoms show and lasts for 10 days, but a number of my constituents, having had symptoms, have subsequently obtained a test, and have then been told by the Test and Trace system that their period of self-isolation of 10 days begins from the date on which they were contacted by Test and Trace. The official advice is clear, but this notification is causing confusion. Can the Minister take that away and investigate whether anything needs to change in the system and the messages it is putting out?

Can the Minister clarify the circumstances in which regulation 3(3)(a)(i) applies? Regulation 3(4) states:

“(4) The period ends with the final day of a period where regulation 2(1)(a)(ii) or (b)(ii) applies, of 14 days beginning—

(a) where P is living in the same household as the person (“C”) who tested positive for coronavirus—

(i) in a case where C, or R where C is a child, report to a person specified in regulation 2(4) of the date on which symptoms first developed, with whichever is the later of—

(aa) the date five days before the test pursuant to which notification referred to in regulation 2(1) was given”.

I quote that provision word for word because it highlights an issue to do with communicating what we are trying to do. I thought I was clear on when periods of self-isolation started, but the insertion of

“five days before the test”

in sub-paragraph (a)(i) makes me want to lie down with a hot towel over my forehead. I am trying to work out exactly what that means. People want to do the right thing, but this kind of language does not make it easy for them. When penalties are applied for not doing it, it is doubly important. We need to make it very clear exactly what the situation is in that part of the regulations.

Regulation 5 deals with the definition of “close contact”, which includes not only face-to-face contact within 1 metre, but

“spending more than 15 minutes within 2 metres of an individual”.

It is not expressly clear whether that applies regardless of whether face coverings are worn, but I would assume it does. I would be grateful if the Minister could confirm that when responding. It also includes

“travelling in a car or other small vehicle with an individual”,

which I presume is meant to exclude most forms of public transport such as buses, but may we have confirmation from the Minister of whether “small vehicle” is meant to cover all personal forms of travel or personal vehicles?

The bit in this regulation that I have more difficulty understanding is the exact remit of the phrase “close proximity” in regulation 5(c) regarding travel on an aeroplane. Is the Minister able to put “close proximity” into a measurable distance for the purposes of communicating this to our constituents?

Regulations 7 to 9 require a worker or agency worker to notify their employer of the requirement to self-isolate as soon as is reasonably possible. In addition, it prohibits employers or agencies from allowing them to work in any place except the place where they are self-isolating, and introduces fines for employers who knowingly breach the regulations. As my hon. Friend the Member for Newcastle upon Tyne North said, there are understandable concerns from individuals who are required to comply with the self-isolation regulations, because what is missing is any kind of extra protection for the employee or worker who might be on the receiving end of detrimental treatment from their employer for self-isolating.

Throughout our legislative landscape, there are protections for individuals in the workplace. There are protections for those raising concerns about breaches of the working time regulations or about health and safety in the workplace, and protections in whistleblowing legislation for those suffering detrimental treatment. However, we do not have any equivalent protection for the employee or worker who is required to self-isolate for any of the reasons set out in these regulations. I do not know whether that is a deliberate or an accidental omission, but it is concerning to me all the same, and it places the individual who is required to self-isolate in a very vulnerable position.

We need to make it as easy as possible for people to self-isolate, and not leave them exposed to detrimental treatment, such as refusal to pay sick pay, if they are entitled to it, or possibly even dismissal. There is nothing in these regulations to stop workers receiving punishment for self-isolating from a particularly unhelpful employer. I have heard concerns from constituents that their period of self-isolation would trigger a sickness absence review, or be used as part of an absence review process that is already under way.

It is quite possible that people will have to self-isolate on multiple occasions, because, say, other members of their household get symptoms or test positive, so I am sure we can all understand the genuine anxieties people have about telling their employer that they have to self-isolate for a second or third time. Why is there nothing in these regulations to give people workplace protections for doing the right thing?

The Government website advice page entitled, “Self-isolating after returning to the UK: your employment rights”—I accept that that is a slightly different situation from the period of self-isolation envisaged within these regulations, but it was the only advice page on the site that I could find on the issue of employment rights and self-isolation—talks about people working from home if they can. That is absolutely the right and obvious thing to do, but I am sure the Minister will appreciate that that option is not available to everyone.

The website goes on to suggest that as an alternative, annual leave could be taken. That raises the very interesting question of whether that advice would apply in this situation. I very much question whether we could call a period during which someone is legally required to remain at home annual leave. I would be grateful if the Minister could state for the record what advice has been given to employers on how they should classify a forced period of self-isolation.

I would like to make it clear that I am not at all comfortable with the idea of employers being able arbitrarily to designate a period of self-isolation as annual leave. There is a tension here with what the working time regulations allow; they state that in the absence of any other agreement, an employer can designate particular periods as annual leave. My question to the Minister is whether there is anything to stop an employer declaring to an employee that, as they will not be available because of self-isolation, they will be classed as being on annual leave.

That also raises the question of whether employers could put pressure on employees to take this period as annual leave, perhaps suggesting to them that if they do not, it will be classed as an unauthorised absence and will go on their employment record. It would be helpful if the Government stated clearly through guidance or regulations that a period of self-isolation should be classed as other leave, and cannot be classed as unauthorised leave, sickness absence, or annual leave that can be counted as part of any annual entitlement, and that it cannot be used in a disciplinary or capability process. If we are to improve compliance, it is important that we have that clearly set out.

[Justin Madders]

My hon. Friend is absolutely right. When I practised employment law, I saw an amazing number of coincidences: when employees raised complaints about or concerns with their employers, other issues would suddenly be raised from out of nowhere, in a pushback against the employee; we are used to that. There is a role for the Government here. There is something we can do to give employees more confidence that they will not face adverse consequences for doing the right thing; that is what we are trying to achieve.

The intention of the regulations, as we know, is to increase compliance. The Minister referred to a study that the Department has undertaken. I presume it is the same one that I have read about in the media, which I believe has been analysed by members of the Scientific Advisory Group for Emergencies. Why did it take so long for that to come out, given that the study began in February? I will go into more detail on the findings of the study. It is reported that people were asked why they did not self-isolate for 14 days. Some of the reasons given included caring for a vulnerable person at 9.9%; going to work at 8.9%; and thinking that they had already had coronavirus and were immune at 10.4%. I hope that with greater public information and engagement, we will see a reduction in those giving the latter reason. The second reason will hopefully be dealt with by the self-isolation payment, but there is nothing I can see in the exceptions in regulation 2(3)(b) that covers the first of those situations.

I note that under the regulations someone can take their parrot to the vet when they are self-isolating, but they cannot provide care for their elderly grandparent. I am not for one minute suggesting that those who are self-isolating should do that. We do not want to risk those who are already vulnerable coming into contact with someone who has to self-isolate, but it is estimated that around one in eight adults, or 6.5 million people, is a carer. Some of those people will be asked to self-isolate, and will be unable to provide care as they would normally. Hopefully they will be able to find others in the family, or friends, to step in, but of course many family members are in the same household, and they might be required to self-isolate as well. There will be some tension when people who are asked to self-isolate have caring responsibilities that cannot be fulfilled. Is a Government strategy being adopted to try to take the pressure away from people in such situations, so that we can make sure that someone can step in and provide the necessary care when a carer is asked to self-isolate?

Perhaps the most concerning finding of the survey was that only 18% of people with symptoms self-isolated. That went down to just 11% among those who were told to self-isolate by Test and Trace. I know those figures have not been peer-reviewed, but this is the best information that we have. Can the Minister confirm whether that is the basis on which the regulations were formed?

As we know, there are questions about entitlement to self-isolation payments being tied to the receipt of universal credit, working tax credit, income-based employment and support allowance, income-based jobseeker’s allowance, income support, housing benefit and/or pension credit. Although around 4 million people are potentially covered by that, it is not everyone, and there may be those who are not in receipt of any of those benefits who do not receive any contractual sick pay, and so would be left trying to claim statutory sick pay or employment and support allowance. That is frankly not good enough.

We know SSP is far below the rates set for the self-isolation payment, and the Secretary of State himself famously said that he could not live on that amount. I ask the Minister whether there will be any consideration of whether to relax the restrictions on eligibility for this payment. We are asking those who are not eligible at the moment to take a reduction of 70% or 80% to their pay every fortnight. We are already seeing constituents who are not eligible for any support in significant financial hardship.

As my hon. Friend the Member for Warwick and Leamington mentioned, there is an issue about school children as well. This issue most notably occurs when parents are having to self-isolate to look after children who have developed symptoms or have been sent home on the instructions of the school. I ask the Minister whether there are any plans to look at the dilemma of parents of children who have been sent home from school and are not eligible for any payment.

Regulation 10 deals with enforcement and gives powers to an authorised person, such as a police officer, or a person designated by the Secretary of State to act in support of enforcement. It would enable such a person to direct people to return to the place where they should be self-isolating, and in cases where an authorised person believes that a child is repeatedly failing to comply, they may also direct the person responsible for that child to ensure compliance as far as is possible. It also sets out that reasonable force may be used to enforce the regulation’s requirements if that is necessary, and an authorised person is allowed to exercise power under this regulation only if they have reasonable grounds for believing that it is necessary and proportionate to do so.

Regulation 11 deals with offences under these regulations that are punishable on conviction by fines. Fixed penalty notices are available as an alternative. I will not go through the full list of offences that are created or the level of fines, as other hon. Members wish to speak. Suffice it to say that there is a considerable number in there.

The explanatory memorandum states that these regulations have

“a key role to play in slowing or preventing a rise in the rate of reproduction (R) of Covid-19 and reducing the total number of infected people”.

That is the overarching intention behind most of the regulations that we have been debating in recent weeks. The Secondary Legislation Scrutiny Committee has expressed its surprise that the explanatory memorandum failed to mention that it had been reported that these stronger measures are required as a result of the study that we have discussed, which mentioned low levels of compliance.

The Committee also noted its surprise that the explanatory memorandum did not mention the figure on compliance, or give the Government’s estimate of the numbers breaching quarantine, in support of policy changes. As the independent Scientific Pandemic Insights Group on Behaviours reported on 16 September, the rate of self-isolation is very low—less than 20%, based on self-reporting. It is particularly low among the youngest and poorest. It was an oversight for the Government not to mention that in the explanatory memorandum, and not to explain that that was part of the motivation for this regulation, if indeed that is the case,.

The Secondary Legislation Scrutiny Committee raised a concern about the potential for discrimination. As we have heard, regulation 2 requires someone to self-isolate where their sample tests positive for coronavirus, or where they have been in close contact with such a person. The exception is when they are notified by the NHS covid-19 smartphone app. That app cost £4 million, was rolled out many months late, and does not operate on phones that are more than five years old—and does not actually require people legally to self-isolate; I am sure that will come as a surprise to the millions of people who have downloaded it. That is about as far away from world-beating as possible.

The Department has confirmed the app has explicitly been designed to protect the anonymity of users, and the legal duty and fines do not apply to people notified through it. Instead, it will just advise the individual to self-isolate. The Department says:

“there is no discriminatory effect: the legal duty to self-isolate applies equally to anyone identified as a contact through standard contact tracing processes, whether or not they also happen to be an app user.”

This does raise questions about inequalities among certain groups, such as the elderly or those on low incomes who may not have the necessary technology to use the app. Although 14 million people have downloaded it, far more have not.

We know that the app is only accessible to those people whose phones have modern software, thereby excluding people who have older phones or no phone at all. Those people are typically poorer and older members of society. These groups are therefore more likely to be required to self-isolate through track and trace than through the app and are subsequently more likely to be in receipt of fines than those with the latest smartphones. The Committee pointed out that this raises concerns regarding the potential for avoidance.

The Government cannot track those who have been informed by the NHS app, creating a potential loophole for those informed by the app to avoid being fined for failing to self-isolate. If the Government do not know people are being contacted through the app, how can they be contacted? Again, there is a flaw in these regulations that there has been no impact assessment or consultation prior to their publication.

Returning to enforcement, the fines are substantial—an enormous sum of money to most people—but they are, of course, dependent on contact tracing working effectively. The most recent statistics show that only two thirds of people who tested positive were even transferred to the contact tracing system, and of those only 68.6% of close contacts were reached. That is a very low figure, almost as poor as when we first started, and it is lower for cases handled either online or by call centres. The overall proportion of people reached has decreased for each of the last three weeks and is similar now to when we first started. If we cannot actually get hold of people, how can we ask them to self-isolate? SAGE has warned that unless the system grows at the same rate as the epidemic and support is given to people to enable them to adhere to self-isolation, the impact of testing, tracing and isolating is likely to decline in future rather than improve, which is very worrying.

It is expected that around 4 million people will qualify for the payment, but as I say, significant numbers will not qualify. On 28 September, I tabled a written question some time ago asking how many applications and approvals have been granted for the self-isolation payment in the first week of its operation. That was a named day question due for response 11 days ago, but I have not had a response yet. Is the Minister able to update us on the uptake of self-isolation payments?

It is not just about the compliance, of course, it is about enforcement. We know that the police have expressed concerns about their ability to enforce all the regulations that have been introduced. I understand that over the weekend a memorandum of understanding was signed with police forces to enable them to access Test and Trace data. I would be grateful if the Minister clarified two points in that respect. Is it the case that until this date the police forces were not able to access the data? Will she comment on the point made by many in the medical profession, that the involvement of police may dissuade people from getting a test in the first place? The Minister said in her opening remarks that it is important not to discourage people from taking part in the system. Could measures be put in place to mitigate those concerns? Police forces have made it clear in relation to the recent introduction of fines for other offences that officers do not have the resources or capacity to enforce these fines. If the Minister is able to give us a realistic assessment of the resourcing for enforcement of these regulations, I would be most grateful.

I return briefly to authorised persons under regulation 12(12)(c), which gives the Secretary of State broad powers to designate officers for the purposes of these regulations. As I have already mentioned, these officers have the ability to use reasonable force to ensure compliance with the regulations. It is, I think, quite a worrying development that we have unspecified officers able to use reasonable force. Could the Minister set out who, if anyone, has been given that designation by the Secretary of State to carry out these functions, and, if so, what skills, experience, and training do they have in the use of reasonable force?

I would also like some clarity regarding the liability of parents where children fail to comply with the self-isolation regulations. It is set out that the authorised person may direct the person responsible for the child to ensure compliance as far as that is possible, but there is some indication that parents will be found liable, in terms of fixed penalty notices, for the actions of their children. How realistic is it to expect a parent to make a burly 16-year-old stay in the house for two weeks?

With regard to the fines issued so far, new data last week showed that this is a bit of a postcode lottery, with police forces issuing wildly different levels of fines. Some have issued more than 1,000, and others fewer than 100—this is across the spectrum of regulations to deal with coronavirus. Will the Minister comment on what appears to be a postcode lottery when it comes to enforcement of regulations and say whether any steps will be taken to ensure that there is no disparity in their application? I have asked on a number of previous occasions what additional resources will be given to the police to ensure compliance with regulations. Is the disparity partly to do with resources or other priorities, and what can the Government do to address that concern?

[Matt Western]

My hon. Friend is making some incredibly important points, but does he share my concern about hearing just a week or two ago that in Dagenham or Redbridge—I am not sure which area it was, but it was somewhere like that—the local authority was trying to enforce regulations, but was overturned by the Government?

[Justin Madders]

Yes, I did read that with concern. I am not sure whether it has been addressed with the new tier 3, 2 and 1 regulations that were introduced last week. Clearly, we cannot have a situation in which, on the one hand, the Government’s message is that the rules have to be applied equally, but on the other hand, authorities that want to take swift enforcement action are prevented from doing so. We have to apply the law consistently and firmly in a situation such as this.

I am nearing the end of my comments and I am aware that other hon. Members wish to speak, but I want to ask about other measures that the Department might introduce to ensure compliance with the rules, particularly given the suggestion that Test and Trace call handlers may now be contacting more regularly people who are self-isolating. Given the shoddy record so far from the likes of Sitel and Serco, I wonder whether it is the right move to divert staff to that, taking them away from their core responsibility of contact tracing. What steps is the Department taking to ensure that Test and Trace call handlers doing these additional contacts with people who are self-isolating will be able to carry on and have the same capacity to address those needing to be contacted in the system in the first place? Will those additional responsibilities now being put on these private providers result in additional payments being made to them outside their original contract? I do not know whether the Minister will be able to give us an answer on that today, but it is very important that we have some transparency in this area.

We will not be opposing the regulations today. We have long argued for greater support for those who need to self-isolate, but questions remain, particularly about eligibility and enforceability, not to mention many other areas that we have covered during the debate today. I appreciate that I have asked lots of questions. If the Minister cannot deal with them all in her response today, I will be more than happy if she is able to put her answers in writing in due course.

[Mr Harper]

It is a pleasure to serve under your chairmanship, Ms Fovargue, and to follow the hon. Member for Ellesmere Port and Neston. I am conscious that we have only 36 minutes left, and I want to give the Minister time to answer the hon. Gentleman’s questions and also those that I have, so I will ensure that I finish speaking in good time.

First, I have some questions about the regulations. The Minister will know, because I made it clear on the Floor of the House when we were debating other regulations, that I also have some questions about the underpinning policy strategy, which I hope she can deal with.

Yesterday, Lady Harding, who runs NHS Test and Trace, made it clear that the test and trace system is not a silver bullet. I agree. It is not the only part of the Government’s strategy, but in the Government’s plan to rebuild which they set out in May, that system is a central part of the strategy in phase 2. Yes, it is true that good hygiene practices—hand washing, face coverings, cleaning and social distancing—are all very important, but reducing infected people’s social contact absolutely depends on the test and trace system. SAGE has made it very clear that an effective test and trace system can have a significant effect on R—the reproduction rate of the virus—and that that should remain a priority. It has also told us what the goal should be for a test and trace system: that at least 80% of contacts of a positive case have to isolate. That rate is set as the floor not as the ceiling. That is the point of the regulations: to make sure that those contacts isolate.

It gives me no pleasure, but I am afraid that I agree with the hon. Gentleman that the performance of the system is not up to the mark. The latest data show that we contacted only 76.8% of those who tested positive and only 62.6% of contacts. The media keep on reporting the 60% and comparing that with the 80%, but that is not correct. We must remember that we reached only 76.8% of the number of people who tested positive. If we multiply those numbers together, the result actually tells us that in the past week the system only reached 48% of the contacts of those who tested positive. Given that the target it 80%, that is a significant deficit.

My question to the Minister is very simple. What is the plan to get from 48% to 80% quickly? My own view, for what it is worth, is that we should lean more towards using our fantastic public health teams locally. Unlike the Opposition, ideologically I have no problem with using the private sector. We have people who are skilled in conducting sensitive conversations about diseases and people’s contacts. They could get that information. They have a tool that one cannot use from a call centre: if they cannot reach someone on the phone, they can go round and see them. The parts of the country that have used that model have had good results. From talking to my own public health team, I understand that we only have a limited window if we are to give them more resources.

In the tier 3 areas we have broadly accepted that that is a sensible plan, and I believe that we have given sums of money to local authorities in those areas so that they can employ the local teams as the first point of contact tracing. Why limit that to tier 3 areas? Why not follow that practice everywhere and give the resources to the directors of public health? I think that they would do a fantastic job and get the numbers up. That is one of the key tools to keep the virus under control in parts of the country like mine where, fortunately, the infection rate remains very low. I note the presence of one or two other members of the Committee who are also in that fortunate position. In areas where we have had to increase the level of controls, particularly at tier 3, it is vital, once we have driven the virus down, to maintain an effective test and trace system to keep the numbers low, potentially for many months to come. That is incredibly important.

[Matt Western]

Just to echo the right hon. Gentleman’s point, the example of Sheffield leads the way in that, does it not?

[Mr Harper]

I am not familiar with that local authority, but from my experience in my own area, I think the local authority in Gloucestershire would do a very good job, and I think that we would get better results.

The hon. Member for Ellesmere Port and Neston referred to data sharing with the police. Some of the headlines at the weekend were perhaps unhelpful, because they had the wrong impact. I do not know whether this was the Government’s thinking, but although one can argue that cranking up the toughness of the regime may have an impact on some people, to suggest that people may get into trouble with police may drive them away from testing and sharing their contact information. When one actually reads the information on the NHS website about how the data will be shared, it seems incredibly reasonable. In the first instance, it is shared with the local authority, and only if the local authority cannot make progress is it shared with the police. If the police are investigating a specific case, they can request it, so the impression of blanket sharing of information with the police was not helpful. I do not know whether that was the Government’s intention, but it was not entirely helpful.

My only question for the Minister is: has the memorandum of understanding between the Department and the National Police Chiefs Council been published? I have investigated but been unable to find it anywhere. It would be better if there was more transparency and we were clear about what information may be shared. We saw one of the potential risks at the weekend when the busy NHS covid-19 app Twitter account had to leap into action to reassure everybody that information from their mobile phones could not make its way to the police. The concern was that that would reduce the uptake and use of the app.

I perhaps hold a different view from the hon. Gentleman, because I was pleased that the Government changed tack and moved away from the central database option for the app and went with Google and Apple API, whereby the information is stored on a phone. A central database might have seemed attractive, but it would have reduced uptake and many people would not have wanted the app. Having more people use the app and being aware if they need to isolate, which is in their interest and that of the community, is better than having a central database and no one using the app because they do not want personal information being stored by the Government.