My Lords, I am enormously grateful for the thoughtful questions and rich debate that we have had. I shall try to knock off some detailed questions about the app, and I will then address some of the broader themes in the 10 minutes I have. I will try to move as quickly as I can.
A number of speakers asked about feedback on the app over the past three weeks. It often takes three years for government policies to get concrete feedback. We have sought to give as much feedback as we can on this app, and I pay tribute to the app team for operating in as transparent a manner as possible.
A number of noble Lords asked about the fixed penalty fine. Fines are in accordance with the BEIS obligations of undertakings regulations and are independently adjudicated. The initial fine is £1,000 and is reduced to £500 for prompt payment. In response to my noble friend Lady McIntosh, as I understand it, no first offence would incur a fine.
A number of noble Lords asked about exemptions. There are exemptions in the legislation for police and others because it is our assumption that they would be wearing facemasks, so the requirements for them would be different. There is also a facility in app for those who would be in PPE and in close proximity to others, either through a visor or through their personal PPE, such as doctors or shop assistants. The proximity meter on the app can easily be turned off, and it turns itself back on at the end of the day.
My noble friend Lord Bourne asked about Airbnb and other detailed arrangements. There are specific guidelines on guest accommodation, and my understanding is that they would capture Airbnb. We have sought to be as detailed as we can, and there are helpline arrangements for those who wish to query whether their venue is covered by the Act.
The noble Lord, Lord Paddick, asked about commercial purposes. I reassure him and all those in the Chamber that there is absolutely no commercial dimension to the use of the data in the app, and I would be very grateful if the noble Lord sent me any evidence that he or Big Brother Watch think they have to the contrary.
The noble Lord, Lord Bilimoria, mentioned Birmingham University, to which I pay tribute. It has been a terrific partner and ally in NHS Test and Trace and other things, lending us important and valuable equipment. I reassure the noble Lord that this is not simply a matter of having a piece of kit that allows you to run a testing programme. A massive logistical and data programme is required, and its challenges are enormous, so I question the proposition that we should simply send the piece of kit back to Birmingham University and let people there get on with it.
A number of noble Lords asked about the 10 pm closure of pubs and hospitality. There will be a debate on this, but intimacy and the drinking of alcohol plainly encourage people’s closer proximity to each other. This is borne out by the evidence from our tracing programme.
Noble Lords also asked about outbreak management. It has become a pretty clear rule of thumb that if you want to find someone with Covid-19, find someone who has already tested positive and introduce yourself to their friends, because they are the most likely carriers. I reassure noble Lords who asked about Abbott UK and mass testing that we are engaged with all the distributors and manufacturers of testing equipment, including Abbott, and we are validating and assessing their equipment at pace.
The noble Baroness, Lady Thornton, asked about interoperability, which is quite right; we are working hard to ensure that the various nations’ apps work together and that the apps of different countries can one day work together. We are hopeful that UK interoperability will be built into the second version of the current app. On her question of whether there is a point at which the app is more effective, I reassure her that there is no specific threshold. At the current level of 16 million-plus, the app is extremely effective at breaking the chain of transmission.
Regarding privacy and open logs, I completely agree with the noble Baroness, Lady Jones, that a piece of paper lying on a table at the front of a pub is completely suboptimal. There is a gender issue there, and the safety of vulnerable people, and women, is of great concern. That is why we require pubs and hospitality to comply with GDPR, why the ICO has issued special guidance for pubs, and why we brought into place the QR codes, which we hope will be a suitable alternative for most people.
I assure noble Lords that a huge amount of consultation went into the development of the app and our contact tracing, with local government and with privacy experts and advocates. Massive trials were held on the Isle of Wight and in Newham, and we had important learnings from those, and with the hospitality industry itself, which has embraced these recommendations, a point that has been slightly lost in this debate. However, I take on board the comments about parliamentary scrutiny. If I may repeat myself, my right honourable friend has made a commitment in the other place to greater parliamentary scrutiny, and said that regulations with a national impact, such as these, would be brought before the Chamber and the other place before they are laid. I remind noble Lords that it is up to the usual channels to programme the business of the House, and the Joint Committee on Statutory Instruments reviews SIs such as this before they come to the House, so it is not possible for me, from this Dispatch Box, to give the noble Lord, Lord Hunt, all the reassurances that he asked for.
The question of what the alternative is to these regulations has also been raised. What if we did not have mandatory apps? What consideration has been given to the impact of the mandatory contact-tracing arrangements? There would be a grave danger that hospitality would once again be closed altogether. Hospitality is a vector of infection, and the specific purpose of these regulations is to try to keep our pubs, clubs and hospitality sector open. There is a binary alterative. If we do not seek to protect these industries and venues by measures such as these contact-tracing arrangements, they are vulnerable to being perceived
and identified as places where the disease spreads. Therefore, to break the chain of transmission, we would be obliged simply to close them down. Neither I nor anyone affected with the Covid-deranged syndrome want to envisage that, which is why we have brought these measures before the House.
The alternative is to let things just run hot. My noble friend Lord Naseby asked about the impact of our lockdown measures on social care. I remember that in April, in a given week more than 2,000 people died in social care, whereas in the last week it was a much smaller number—fewer than 100 people—which shows that if we apply measures that break the chain of transmission, we can keep control of the virus, but if we let it run hot, the consequence will be a huge number of deaths. In reply to my noble friend Lord Hamilton, any economic analysis of either the lockdown or these measures must include an assessment of the value of those lives.
I genuinely believe that the contact-tracing measures of the NHS app are good news wherever you come from. If your priority is to reopen the economy, these measures help keep open the hospitality industry, on which a great many livelihoods depend, and if your priority is to protect the NHS and those vulnerable to this disease, these measures help protect those either at risk from, or who have been in contact with, the disease, and to help infection-control officers who can give accurate health advice and isolate those who have the disease. I commend the regulations to the House.