HEALTH PROTECTION (CORONAVIRUS, WEARING OF FACE COVERINGS IN A RELEVANT PLACE AND ON PUBLIC TRANSPORT) (ENGLAND) (AMENDMENT) (NO. 3) REGULATIONS 2020 HEALTH PROTECTION (CORONAVIRUS, WEARING OF FACE COVERINGS IN A RELEVANT PLACE) (ENGLAND) (AMENDMENT) (NO. 3) REGULATIONS 2020 HEALTH PROTECTION (CORONAVIRUS, WEARING OF FACE COVERINGS IN A RELEVANT PLACE AND ON PUBLIC TRANSPORT) (ENGLAND) (AMENDMENT) (NO. 2) REGULATIONS 2020

Rachel Maclean Excerpts

Monday 12th October 2020 General Committees

[The Parliamentary Under-Secretary of State for Transport (Rachel Maclean)]

I beg to move,

That the Committee has considered the Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and on Public Transport) (England) (Amendment) (No. 3) Regulations 2020 (S.I., 2020, No. 1026).

[The Chair]

With this it will be convenient to consider the Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place) (England) (Amendment) (No. 3) Regulations 2020 (S.I., 2020, No. 1028) and the Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and on Public Transport) (England) (Amendment) (No. 2) Regulations 2020 (S.I., 2020, No. 1021).

[Rachel Maclean]

It is a pleasure to serve under your chairmanship, Dr Huq. These regulations amend the Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place) (England) Regulations 2020 and the Health Protection (Coronavirus, Wearing of Face Coverings on Public Transport) (England) Regulations 2020, henceforth referred to as the face coverings regulations and the public transport regulations respectively.

The public transport regulations came into force on 15 June and made it mandatory for passengers to wear face coverings on board most modes of public transport. Following that, the face coverings regulations came into force on 24 July and made it mandatory for people to wear face coverings in some indoor settings in England, such as shops, supermarkets and indoor transport hubs. Three amendments were made to the face coverings regulations in August, including extending the list of indoor settings where members of the public were required to wear a face covering, to ensure that we were taking the necessary steps to protect public health as lockdown restrictions eased over the summer.

This debate will not focus on the content of the original set of regulations, nor on the three sets of amending regulations previously voted into law. Instead, we will consider the three further amending statutory instruments due to be voted on today, which extend the requirement to wear a face covering to taxis and private hire vehicles and to a wider list of indoor settings; widen the scope to include staff within certain retail and hospitality settings; and implement a more stringent penalty regime.

The rising rates of infection meant that we had to put in place these additional measures to keep staff and members of the public safe, keep sectors of the economy open and avoid the need for a second national lockdown. These amendments are a necessary response to the virus, which is why they were brought into effect under the emergency procedure, which was approved by Parliament so that we are able to act at pace to control the virus and save lives.

It is important that the Committee is able to scrutinise these amending regulations through this debate, which is taking place within the statutory 28 sitting days of the regulations coming into force. I urge the Committee to approve these amending regulations so that we are able to maintain our response to increasing incidence rates and enhance measures to help mitigate the risk of spreading the infection, thereby avoiding a second national lockdown.

People in this country have played, and continue to play, a vital role in helping us in our national effort to beat covid-19. The face coverings regulations give members of the public the confidence to visit public indoor spaces safely, and enhance protections for those working in these settings. However, the number of infections is rising, and we therefore need to take further action to help mitigate the spread of covid-19.

The Prime Minister addressed the House on 22 September to set out the series of additional measures being introduced to help reduce the spread of covid-19, including measures related to the use of face coverings in taxis and private hire vehicles, in hospitality settings and by staff in certain indoor retail and hospitality settings. I will now outline the purpose of the amending instruments to the face coverings regulations and the public transport regulations and then set out the policies and processes underlying their development, implementation, monitoring and review.

SI No. 1021 came into force on 23 September and increased the scope of the public transport regulations, so that members of the public must now wear a face covering in taxis and private hire vehicles. Many taxi and private hire vehicle passengers were already wearing face coverings, and some operators already had a policy of “no covering, no ride” for those who are not exempt.

To offer the greatest protection and additional clarity to members of the public and transport staff, we have introduced this legal requirement for passengers riding in taxis and private hire vehicles, to bring requirements in line with those already in place on the majority of the public transport network. Passengers have been required to wear a face covering on most modes of public transport since 15 June, and we have worked closely with operators in this sector to try to protect staff and passengers using that service.

These new measures make it mandatory for passengers riding in taxis and private hire vehicles to wear face coverings, thus increasing protection for drivers, who are providing a vital role in supporting key workers, transporting vulnerable passengers who are unable to use other public transport, and school children.

SIs Nos. 1026 and 1028 came into force on 24 September and increased the scope of the face coverings regulations. As a result of these amending instruments, members of the public must now wear a face covering when inside certain hospitality premises, such as bars, pubs and restaurants, except when eating or drinking. That means that people must wear a face covering when entering, leaving and moving around inside these premises.

Extending the face coverings regulations to these premises complements other targeted hospitality measures that came into force on 18 and 24 September to reduce the spread of covid-19 and to help keep hospitality venues open. Separate hospitality regulations stipulate that venues cannot accept bookings for a group of more than six persons, that there must be table service only, and that tables must be 2 metres apart or 1 metre plus others interventions, such as screens, with restrictions on opening hours for some businesses. Those measures are not part of this debate.

These amending instruments also extend the requirements to wear a face covering to staff and other workers working in indoor retail, leisure and hospitality settings, when they are open to the public and workers are likely to come into close contact with members of the public. These settings include shops, supermarkets, bars, pubs, restaurants, theatres, cinemas and social clubs. Further information on the settings where they apply will be included in the regulations and guidance published online. This requirement will not supersede any requirement for employees to wear respiratory protective equipment under existing health and safety legislation.

We are grateful for the steps that businesses continue to take, especially during this pandemic, to fulfil their legal obligations to keep staff safe and provide a safe working environment for them. These amending regulations do not negate those efforts or replace those obligations. Instead, extending the face coverings regulations to include staff enhances the protections offered to workers and customers in these settings, where people are more likely to come into close contact with others they do not regularly meet. This is a vital step in trying to minimise the spread of infection and to ensure that we can keep these premises open.

While face coverings are not a substitute for social distancing and hand hygiene, there is some evidence to suggest that, when used correctly, face coverings may have some benefit in reducing the likelihood of asymptomatic people with the infection passing it on to others. Mandating the wearing of face coverings for staff and the public in these premises will help reduce the risk of passing on the infection when in public areas, hence offering greater protection to those visiting these indoor spaces and to workers.

These regulations also make changes to the penalties in place for individuals who breach the rules under the face coverings regulations and the public transport regulations. The penalty for a first offence under the regulations will now be £200, reduced to £100 if paid within 14 days. Subsequent offences in relevant indoor places or on public transport will result in a fixed penalty amount, which doubles from £400 on each occasion, up to a maximum value of £6,400, with no reduction for early payment.

While we have seen the majority of people comply with the rules throughout the pandemic, we know that some continue to break the rules. These amendments will further deter non-compliance and help to tackle those who repeatedly breach the requirements to wear a face covering. It is important that we all continue to play our part in reducing the risk of transmitting the infection as we visit indoor places and take public transport. Furthermore, the police and Transport for London will continue to use their usual four Es approach: explaining, engaging and encouraging, with enforcing only as a last resort.

I want to be absolutely clear that, while we want as many people as possible to wear a face covering, we recognise that some people are not able to wear one, for a variety of reasons. The amending regulations do not remove or make changes to the list of exemptions or reasonable excuses, other than to include an additional exemption under the face coverings regulations for performers acting in the course of their employment.

The principal face coverings regulations and the public transport regulations include a review clause, requiring a review of the need for the requirements, as amended, within six months. There is also a sunset clause in the principal face coverings regulations and the public transport regulations, so that they will expire at the end of 12 months after the day they came into force. These amending regulations do not change the timing of the review and sunset clause. We will continue to monitor the impact and effectiveness of this policy in the weeks and months ahead, and we will develop our approach to enforcement and to communicating the policy as necessary.

We know that some of the rules put in place have become increasingly complex and difficult to enforce. That is why the Prime Minister is currently setting out how the Government will further simplify and standardise local rules by introducing a three-tier system of local covid alert levels in England. That is not the subject of the debate today, nor does it change the legal requirement to wear a face covering, but it should reassure the Committee that the Government continue to work with local leaders to tackle outbreaks with more targeted restrictions that are simple and constructive.

I am grateful to all hon. Members for their continued engagement in this challenging process and in scrutiny of the regulations. We will, of course, reflect on the debate to come. I commend the regulations to the Committee.

--- Later in debate ---

[Rachel Maclean]

It is a great pleasure to respond to the questions put to me by the Opposition spokesman, the hon. Member for Ellesmere Port and Neston. I thank him for his detailed questions and will of course address the points he made.

The hon. Gentleman spoke about the urgency with which we brought in the regulations. He will know that the Public Health (Control of Disease) Act 1984 provides powers for us to make a statutory instrument in exactly these circumstances. We face an unprecedented global health emergency. We must act with speed and we cannot hold up urgent regulations that are needed to save lives. We have been clear at every step that we will consult Parliament and hold votes where possible. In addition, the Government provide regular opportunities to question Government scientific advisors, and Members are given opportunities to access data about their own constituencies. The hon. Gentleman will also know that the Health Secretary has made a commitment that, for significant national measures that affect the whole of England or the UK, we will consult Parliament, where possible, and hold votes.

[Justin Madders]

I appreciate what the Minister says, and of course I have no difficulty with certain regulations being introduced in this way, but I asked specifically about increasing the level of fines from previous regulations. What was so urgent about that that it needed to be done without following proper parliamentary processes?

--- Later in debate ---

[Rachel Maclean]

I am happy to come on to that. I have listed the hon. Gentleman’s points in the order he put them, and I will come on to it in due course.

The hon. Gentleman mentioned the high level of deaths among car, van and taxi drivers. He will know that when we first began to bring in regulations about the transport system and face coverings, we provided guidance to the taxi sector. Many people were of course already wearing face coverings when taking taxis, and many drivers were also doing so. Many operators had a “no face covering, no ride” policy, to keep their passengers safe. Further engagement with the sector made it clear that it was requesting greater certainty. The amending SI has therefore been introduced to create a legal requirement for passengers, in line with the majority of the public transport network.

The hon. Gentleman asked why staff in hospitality settings were not originally included. The rising rate of infection has meant that the Government have had to consider additional measures. All measures are kept under review, as he knows. As for the premises he asks about, I assure him that post offices, banks, building societies, high street solicitors, accountants, credit unions, short-term loan providers, saving clubs and money service businesses are included in the regulations, as are estate agents and letting agents.

The wearing of face masks on the premises of the House of Commons and in the House is not in the scope of this debate. It is a matter for Mr Speaker, who I understand has strongly recommended that we wear face coverings while we are on the estate.

[Justin Madders]

I think the Minister has misunderstood the scope of my question. It was actually about Members’ constituency offices, which is obviously slightly different from the parliamentary estate.

[Rachel Maclean]

Forgive me. That is not a matter for this debate, but it may be of interest to each individual Member of Parliament that they are required to follow the covid-secure guidelines within those premises, as are other businesses. That guidance is set out clearly. The hon. Gentleman asked whether it is planned to extend the provisions to other workplaces. Again, that is not in the scope of the debate, so I shall not comment on it now.

Before I go on to talk about fines, I want to make the point that most people are following the rules, and we are extremely grateful. We know that there are very high levels of compliance up and down the country in every constituency. It is obviously a challenge for people to comply with the rules, but we know that they are making those sacrifices to keep their communities safe.

On the enforcement regime, which the hon. Gentleman mentioned, we are making the penalty more stringent. Again, we know that most people will comply, but we are seeing a rising rate of infection. It is important that we tackle this now so that we are able to keep the hospitality sector open in places where social distancing might be more difficult in all scenarios. The number of fixed penalty notices does not reflect a lack of enforcement, because the police, as I mentioned, use the four Es approach. A fine will always be a last resort after all other measures have failed.

I can provide the hon. Gentleman with some data on the fines. As of 1 October 2020, officers stopped 159,286 people and prevented 7,526 passengers from boarding public transport services owing to non-compliance with face-covering regulations; 5,677 people have been ejected from services or directed to leave, and 533 fixed penalty notices were reported.

Finally, on the equality impact assessment, the Government have taken steps with every single regulation that has been brought in to ensure that the equality impacts have been considered. With that, Dr Huq, I thank hon. Members for their contributions to this important debate.

The Government have always been clear that their highest priority in managing this national crisis is protecting our public and saving lives. I am satisfied that the requirements imposed by the regulations as amended and the enforcement powers given to the police and Transport for London are necessary, reasonable and proportionate, given the urgent need to minimise the spread of the virus and offer maximum protection to members of the public and staff. Our guidance has consistently set out to the public that to protect themselves they must continue to follow social distancing measures, wash their hands regularly, and adhere to the isolation guidance.

Current Government guidance states that people should also wear a face covering in enclosed public spaces, where social distancing is more difficult to maintain, and where people might come into contact with others they do not normally meet. The debate today has provided an opportunity for us in the Government—

[Justin Madders]

I do not think the Minister has addressed the question about why an increase in the level of fines had to be introduced in an urgent way. What necessitated such action?

[Rachel Maclean]

In line with all our policies and decisions, a decision was taken to protect public health and to maintain the balance between protecting public health, allowing enforcement measures to be introduced and allowing some of the hospitality venues and the transport system to stay open. I am grateful for the contributions that have been made during this debate. Parliamentary scrutiny is a vital part of the regulation-making process. I am pleased to have been able to set out the content for these amending regulations to the Committee. I hope the Committee has found the debate informative and that it will join me in supporting the amending regulations.

Question put and agreed to.

Resolved,

That the Cttee has considered the Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and on Public Transport) (England) (Amendment) (No. 3) Regulations 2020 (S.I., 2020, No. 1026).

Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place) (England) (Amendment) (No. 3) Regulations 2020

Resolved,

That the Cttee has considered the Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place) (England) (Amendment) (No. 3) Regulations 2020 (S.I., 2020, No. 1028).—(Rachel Maclean.)

Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and on Public Transport) (England) (Amendment) (No. 2) Regulations 2020

Resolved,

That the Cttee has considered the Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and on Public Transport) (England) (Amendment) (No. 2) Regulations 2020 (S.I., 2020, No. 1021).—(Rachel Maclean.)