My Lords, I declare my interest as set out in the register, as chair of Operation Talla, the independent ethics panel.
I speak in respect of those regulations imposed on Greater Manchester and other areas which came into effect in early August. I entirely support the practice of focusing restrictions on those geographical areas and types of gathering that are disproportionately driving levels of coronavirus infection. Furthermore, along with many other local leaders in my areas, I believe that the restrictions imposed in the Health Protection (Coronavirus, Restrictions on Gathering) (North of England) Regulations 2020 (No. 828) were proportionate to the risks identified at the time. I thank the Government for introducing them.
However, I have serious reservations about the process leading up to these regulations coming into effect. In a statement made just after 9 pm on Thursday 30 July, the Secretary of State gave a clear indication that the new measures would come into force at midnight. Specifically, he stated that the restrictions would come as a blow to those intending to mark the Muslim festival of Eid ul Adha the following day.
We can quibble about the distinctions between regulations, restrictions and rules, but the plain sense of the message and how it was received was that family gatherings planned with food already prepared would not be lawful the next day. However urgently action may be required, the laws of this realm cannot be altered simply by a government Minister declaring it so. Change must follow regulations being laid before this House under the affirmative procedure. Only then can the public know what they must obey, and only then can our police enforce it. Thankfully, subsequent announcements of forthcoming regulations have included start dates that offer a realistic chance of the necessary documents having been drafted and laid before us in time. Therefore, I ask for reassurances from the Minister to this House today that we will not see a repeat of the misleading messages given in the case of Health Protection (Coronavirus, Restrictions on Gathering) (North of England) Regulations 2020 (No. 828).
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