Public Health

Robert Neill Excerpts

Wednesday 4th November 2020 Commons Chamber

[Sir Robert Neill (Bromley and Chislehurst) (Con)]

It is a profound moment in which we are being asked knowingly to restrict the civil liberties of our fellow citizens to an unprecedented degree in peacetime, and knowingly and deliberately to harm the economic welfare and, in some cases the personal welfare of our fellow citizens, because lockdowns have consequences and do damage. In deciding whether that can ever be acceptable in a country that believes in the rule of law, it is important to consider whether such measures are necessary, proportionate and supported by evidence. I accept that the covid pandemic is an emergency of a kind that can make such draconian measures necessary. I regret to say, however, that I do not believe that the measures set out in the regulations are either proportionate or based on the evidence.

I do not doubt the good intentions of the Secretary of State and the Government, but the details of the measures go beyond those that are appropriate to achieve the objective that is set out. We could refer perhaps to the briefing from the Bingham Centre for the Rule of Law and its reference to the late Sir John Laws who suggested doing the minimum that is necessary to achieve the objective with the minimum intrusion on civil liberties. I am afraid some of the measures here go beyond that. There is no scientific basis for the banning of non-contact outdoor sports. There is no scientific basis for treating grassroots football and community sport differently from elite sports. There is no scientific basis for stopping and, indeed, criminalising people of faith joining in collective worship when they do so in a safe fashion, forgoing the right to join in communal hymn singing or music to limit the risk of transmission. That goes beyond that which is proportional.

There is no economic impact assessment, but as to the disbenefits to businesses, I have seen family businesses of 20 years’ standing already go under in my constituency. I cannot vote to support that without clear evidence as to why it is necessary, the extent to which it is likely to continue and what the plan is to come out the other side in good order.

With a heavy heart, I cannot support the Government in the Lobby today. These measures are not amendable, but I would have been prepared to look at a more limited or proportionate form of regulations, An example of the short notice that we have had to consider these measures and the poor drafting of them is that people are allowed to go to an estate agent, but they cannot go to a solicitor. But the documentation that people will need to get a mortgage and to move house will frequently need to be witnessed in person by a solicitor. These are poorly drafted regulations, and that is only one of many examples. That is why I cannot support them.