My Lords, these regulations were made on 16 July and came into effect on 18 July. They were necessary to give effect to the announcement made on 3 July by my right honourable friend the Prime Minister setting out the Government’s goal to enable as many people as possible to live their lives as normally as possible in a way that is as fair and safe as possible. To achieve this, he set out the need to move away from blanket national measures towards targeted local measures.
Three main activities are being undertaken to support the shift in focus to managing localised outbreaks through proportionate localised responses. First, local authorities have now drafted local outbreak management plans, which set out how they will manage outbreaks in their local areas. I cannot emphasise enough the importance of these frameworks, and I thank all those who have worked so hard and so collaboratively on these important plans. Secondly, we have published the contain framework, which sets out national expectations of how and when upper-tier local authorities should make community protection orders to manage the transmission Covid-19. Thirdly, open businesses and venues have been asked to assist the NHS Test and Trace service by keeping a temporary log of their customers and visitors for 21 days—this is critical.
Local authorities already have some legal powers under existing public health, environmental health and health and safety laws. These existing powers are complicated; they apply under a confusing patchwork of triggers and, in some cases, require a time-consuming application to a magistrate. They are simply not sufficient to enable local authorities fully to implement the community protections set out in the contain framework or to do so with the speed needed to manage outbreaks effectively. The Government’s ambition is to empower upper-tier local authorities to introduce targeted restrictions; this is an important rebalance that means the need for the Government to impose more serious restrictions is greatly reduced. Before these local intervention power regulations came into force, local authorities did not have the powers to impose fully the community protection actions set out in the contain framework. These regulations are a response to points made by local authorities, which have been echoed in the Chamber, and I therefore hope this uniform set of powers to enable local decision-makers to take prompt and sufficient action will be welcomed.
The local intervention powers in the regulations are exercisable by upper-tier local authorities in England. A local authority may give directions imposing prohibitions, requirements or restrictions relating to individual premises, as in Regulation 4; events, as in Regulation 5; or outdoor public spaces, as in Regulation 6. Before giving a direction, the local authority must deem that there is a serious and imminent threat to public health in their area due to coronavirus and that giving the direction is necessary and proportionate to control the incidence or spread of coronavirus in that area.
Local intelligence is key to decision-making. The local authority must have regard to advice from its director of public health. Local authorities are supported
in such decision-making by guidance published alongside the regulations. As Secretary of State, my right honourable friend has the power to direct a local authority to use its powers under the regulations where he considers that the same criteria are met. Before directing a local authority to use its powers, he is required to consult the Chief Medical Officer or one of the Deputy Chief Medical Officers of the Department of Health and Social Care. We have not, to date, had cause to issue any such direction to a local authority.
There is a mandatory requirement for local authorities to review every seven days the continuing need for any measures they impose under the regulations. The regulations require that, following the review, if the local authority considers that any restrictions or requirements set out in the direction are no longer necessary or proportionate, it must revoke the direction and either not replace it or replace it with a direction that meets the necessary conditions. A similar duty applies to the Secretary of State, who must direct the local authority to revoke the direction if he considers that the restriction or requirement is no longer necessary. If my right honourable friend directed a local authority to impose a direction, it is still for the local authority to terminate, although this could be directed by my right honourable friend.
The local authority must notify the Secretary of State as soon as is reasonably practicable once it has given a direction under these regulations. To date, 48 notifications have been received from 18 local authorities.
To manage cross-boundary impacts, the local authority must provide neighbouring authorities with notice when these powers are exercised. Neighbouring authorities are required to consider whether they should also implement any measures under their own powers.
If a local authority decides to give a direction, it must publish the decision and ensure it is brought to the attention of any person who may be affected by it. Where a direction or decision by a local authority imposes or revokes a direction, it must notify any affected person in writing.
The regulations permit someone affected by a decision to appeal the decision to a magistrates’ court and to make representations to the Secretary of State. Where representations are made to the Secretary of State, the joint biosecurity centre will consider them and make recommendations to my right honourable friend. If he determines that the local authority in question should have exercised its powers differently, he will direct it to amend its direction.
The enforcement regime is broadly based on provisions set out in the national regulations. Police will also have the power to direct an event that contravenes restrictions to stop, to direct people to leave or to remove people from the relevant area if need be. Offences are created for breaching a direction, obstructing police or local authority officers and failing to comply with reasonable instructions. These regulations have their own six-month sunset clause.
Coronavirus is the biggest challenge the UK has faced in decades. The resilience and fortitude of the British people in complying with the national lockdown that we introduced in March has been a true national
effort, but we always knew that the path out of the lockdown would not be entirely smooth. These regulations have demonstrated our willingness and ability to empower local authorities to take action where they need to. I am grateful to your Lordships for your continued engagement in this challenging process and your scrutiny of these regulations. We will of course reflect on this debate as we consider the response to any future local outbreaks. I commend the regulations to the House.
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