My Lords, I am grateful to my noble friend for his very clear introduction to and explanation of these regulations. I will make two points. I was very pleased to hear my noble friend make it clear that Regulation 3, on the powers of the Secretary of State, has not been used. It would effectively be a failure were that to happen, so it is very good news that the collaborative work to which my noble friend referred is continuing.
As my noble friend will recall and noble Lords may remember, one of the central arguments I have made from the beginning is that the public health infrastructure established from 2013 onwards was intended to rely substantially on the work of local authorities, to which public health functions and capacities were returned. However, that capacity was not supported with the funding required in subsequent spending reviews. The public health infrastructure should have had increasing resources, at least at the pace of increase provided to the NHS as a whole.
My two points to my noble friend are, first, will he undertake that the Government will continue to work with local authorities so that the powers in these regulations continue to be used collaboratively, with local authorities working with central government rather than by way of Secretary of State directions, which should be avoided wherever possible? Secondly, we must rebuild the capacity in local authorities, not simply for the Covid crisis, but for public health infrastructure more generally.
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