So, we now move to the debate on the legislative consent motion on the coronavirus Bill, and I call on the Minister for Health and Social Services to move that motion, Vaughan Gething. 

Motion NNDM7316 Vaughan Gething

To propose that the National Assembly for Wales, in accordance with Standing Order 29.6 agrees that provisions in the Coronavirus Bill in so far as they fall within the legislative competence of the National Assembly for Wales, should be considered by the UK Parliament.

Motion moved.

Thank you, Deputy Presiding Officer. I formally move the legislative consent motion before us today. I am recommending that the Senedd gives legislative consent to the coronavirus Bill before the UK Parliament. I ask Members to agree that the provisions in the coronavirus Bill, insofar as they fall within the Senedd's legislative competence, should be considered by the UK Parliament. 

As Members will be aware, the Welsh Government, together with the other three national Governments across the UK, published our joint coronavirus action plan on 3 March. This set out proposed measures required to respond to the COVID-19 outbreak. My officials in the Welsh Government have worked closely with counterparts across the UK to develop the suite of measures set out in that plan. The measures proposed aim to be reasonable, proportionate and based upon the latest scientific advice and evidence. 

The action plan details what we know about the virus and the disease that it causes. It details what we are planning to do next, depending on the course the coronavirus outbreak takes. The plan also includes information on the four-stage strategy: contain, delay, research and mitigate. We are now in the delay phase, which saw us take the difficult decision to close all schools across Wales from 20 March. As Members know, they are now being repurposed to allow critical workers to continue to return to work. 

We want to slow the spread of the virus, which is why the new tighter restrictions announced yesterday are so important. We are requiring people to stay at home and to only go out if absolutely necessary for food and other essentials. All social events and gatherings of more than two people in public should not take place. Whilst local NHS services, including GPs and pharmacies, will remain open, albeit Members will be aware many GPs are no longer doing face-to-face contact, all high street shops will be closed except those selling food, banks and post offices. We all have a responsibility to comply and must do this to save lives and protect our national health service. 

We have also asked certain population groups—those over 70 years old, those with underlying health conditions, and pregnant women—to self-isolate for their own protection for at least the next 12 weeks. For those showing symptoms of a new persistent cough or a high temperature, we've asked that they self-isolate together with the households that they live with.

The plan also details the changes to the legislation that might be necessary in order to give public bodies across the UK the tools and powers that we need to carry out an effective response to this emergency. That is why we are debating the motion today.

The purpose of the coronavirus Bill is to enable all four Governments across the UK to respond to an emergency situation and to manage the effects of the COVID-19 pandemic. The powers being taken are intended to protect life and the nation's public health. A severe pandemic could infect about 80 per cent of the population, leading to a reduced workforce, increased pressure on health services and death management processes.

The Bill contains temporary measures designed to either amend existing legislation or to introduce new statutory powers that are designed to mitigate those impacts. This Bill ensures that the agencies and services involved—schools, hospitals, the police and more—have the tools and powers that they need. However, each of the four nations of the UK have our own set of laws. So, these tools and powers differ to a varying degree in each area. The Bill, therefore, provides a range of tools and powers required to ensure a consistency of outcome across the UK.

The Bill has five main areas of action to support the response across the UK and devolved national Governments. Firstly, it will help to increase the available health and social care workforce. This will be achieved through, for example, the removal of barriers to allow recently retired NHS staff and social workers to return to work.

Secondly, it will ease the burden on front-line staff. The proposals in the Bill will streamline paperwork and administrative requirements to help discharge patients more quickly. We need to free up hospital beds for those who are very ill to help clinicians to focus on front-line care. It will also make changes to councils' social care duties. This will allow them to prioritise people with the greatest care needs and make the best use of the adult social care workforce.

The third set of proposals aim to contain and slow the virus by reducing unnecessary social contact. The powers here focus on restricting events and gatherings and strengthening the quarantine powers of police and immigration officers. This will include the power to detain people and put them in appropriate isolation facilities if necessary to protect public health.

Management of the deceased with respect and dignity is of huge importance at all times, but of particular prominence now. The steps we are taking to respond to this pandemic will save lives. However, sadly, as we've already seen, people will lose loved ones as a result of this disease. The Bill will help the death management system to deal with increased demand for its services. It will enable deaths to be registered when people may not be able to attend the registrar's office in person. It will extend the list of persons who may make the registration and the operating times of crematoria may also be extended. 

The final suite of measures aim to support people generally by allowing them to claim statutory sick pay from day one, even if they're self-isolating without symptoms. The measures also seek to support the food industry to maintain supplies. 

Some of the changes proposed in this Bill deal with easing the burden on front-line NHS and adult social care staff. Some of the measures will help staff to return to work in health and social care. Some will support people in communities in taking care of themselves, their families, their loved ones and the wider community.

Members will also be aware the Health Protection (Coronavirus) (Wales) Regulations 2020 were laid on 17 March and came into force the next day. These regulations match regulations made in England to reduce the public health risks arising from the transmission of coronavirus. The Welsh regulations were made under an emergency procedure set out in the Public Health (Control of Disease) Act 1984. The coronavirus Bill, when enacted, will revoke the England and Wales regulations and replace them with similar provisions. The regulations are therefore in place as a temporary measure until the Bill comes into force.

But this Bill is just one part of the overall solution. Not each and every one of the tools or powers needed to address the COVID-19 pandemic are covered in the Bill. Some already exist in statute. Some exist in some parts of the UK but not others. This Bill aims to ensure that the action to tackle this threat can be carried out effectively across all four UK nations. The aim is for the Bill to reach the statute book this week. However, the provisions relating to statutory sick pay are intended to have a retrospective effect, going back to 13 March.

The Welsh Government, together with the other three national Governments in the UK, have resolved to review and, where necessary, amend legislation. My aim is to ensure that the response in Wales is consistent and effective. These are extraordinary measures for the extraordinary times that we face. The legislation will be time-limited for two years and not all of those measures will come into force immediately.

The Bill allows the four UK Governments to switch on these new powers when they're needed. Many of the measures in the Bill can be commenced as and where necessary, and I recognise the need to balance my duty to protect the public's health against my duty to respect individual rights. Crucially, the Bill provides for each of the four Governments in the UK to end powers when they are no longer necessary, and that decision will be based on the advice of the chief medical officers of the four nations.

The Bill is a transparent choice to take account of our devolution settlement in a way that enables swift action to be taken by Welsh Ministers when and where it is needed. We find ourselves in unprecedented times in the midst of a public health emergency. I know that I will continue to face your scrutiny, as I should do. However, I ask Members and the public for your continuing trust and support to take these new powers. I ask for that support to take action to save as many lives as possible here in Wales. I ask Members to support the motion before us.

Thank you. Can I now call the Chair of the Legislation, Justice and Constitution Committee? Mick Antoniw.

Thank you, Deputy Llywydd. Can I start by saying that I reported on this matter to the committee this morning? The committee has not, because of time constraints, been able to consider the details of the Bill. I have been able to look through the Bill, and I report, really, as Chair of the committee within that capacity.

Can I firstly say that, in taking emergency powers, there is still and always a need to maintain the goodwill and consent of the population at large? Emergency powers are, to some extent, dependent on that actually happening. And one of the concerns that I think I would have would be that, unless some of the issues relating to poverty that may arise are resolved, then those may well present a challenge to the implementation and the use of emergency powers—for example, those dependent on foodbanks, those who have difficulty accessing an income to live on. And, if we are totally frank about it, £94 statutory sick pay is not enough for a family to live on for a week. Those are issues on which, hopefully, there will be further statements from UK Government, but are things that really must be addressed.

Emergency powers, and the Government taking emergency powers, is an exception. Emergency powers are taken where there is a real threat to security or to life. I don't think any of us can doubt that, in the current circumstances, the circumstances are exceptional, and that there is a genuine threat, and that powers are necessary to be taken to protect life. That means suspension of some individual and collective rights, and the judicial and legal processes that normally exist to give those protections. So, it's within that context that these emergency powers are correctly being sought.

In terms of the exercise of powers, Parliament doesn't disappear, and this Parliament doesn't fade into the background, because it is Parliament that is transferring some of its powers for a period of time to the Executive to act. It is therefore very important that there are still some checks and balances. So, I very much welcome the concession that was made to a six-monthly renewal by Parliament of those particular powers. I note that the House of Lords committee that considered this Bill actually raised the same point, suggesting that a year would be appropriate. I know that the opposition to the Government put forward six months, and that has been accepted. And I think that six months is the appropriate period for the exercise of Parliament to consider whether the extension of those powers in six months' time is necessary.

Can I also say that I welcome clause 83, which requires the UK Government to give two-monthly reports on non-devolved areas? The reason I emphasise that particular point is because, in regard to the powers that have been given to Welsh Ministers, there is no similar reporting requirement, there is no similar legal requirement. So, what I would ask from Government is that there is an undertaking that the same reporting provisions that exist for UK Government will be accepted by Welsh Government, and that we will have those two-monthly reports on the exercise of those powers.

The other point I would raise that I think is important is also that, if Parliament is going to be considering the Bill as a whole and the exercise of those powers on a six-monthly basis, then there is a necessity for a review to take place within the Assembly, either by committee or within the Assembly as a committee in its own right, perhaps even on a five-monthly basis, so that when this matter is considered at UK Government level there are full reports of the operation of the Bill in respect of not just the way in which we have exercised the powers given to Welsh Government Ministers, but also the impact of those UK Government powers on Wales themselves. Our concern should be not just with the devolved areas, but also the impact of emergency powers on the people of Wales and the way that interacts.

So, I think within that context, those are the constitutional points that I think deal with some of the concerns that might exist with regard to any Government taking emergency powers. I think it is right that these powers are taken. It is not my intention to go though the detail of those; those have been outlined by the Minister. But just that there will be the maintenance of checks and balances, not only at UK Government level, but also by this Assembly: that we will review those, we will review them on a regular basis and that there will be regular reporting of the exercise of those exceptional powers given to Welsh Government Ministers. 

I'm pleased to be able to take part in this extremely important debate this afternoon. The powers that are contained within this Bill are, under the circumstances, given we're in extraordinary times, entirely appropriate and will, hopefully, give the Welsh Government additional tools that will help better equip the Government for the coming weeks and months. 

Admittedly, there are some provisions in this Bill that will seem extreme to many people and which could curb people's freedoms and, as someone who came into politics to champion the freedom of the individual, I too find some of the measures draconian, but given the seriousness of the situation, it's important to have these emergency powers as a last resort. But it is worth emphasising, as the Minister said, that these powers are being introduced on a temporary basis. 

Dirprwy Lywydd, if I can now turn to some of the specifics in this Bill. It contains important clauses in relation to the emergency registration of nurses and other health and care professionals under Schedule 1 to the Bill. And hopefully these clauses will help deal with any significant increase in the number of those needing medical care, as well as addressing any shortage in the level of approved staff who are able to help at this time. It's entirely appropriate that emergency registrations take place quickly and that our NHS workforce is as prepared as possible throughout this period. 

However, it's also important that there are the appropriate safeguards in place to ensure that those treating people are clinically safe to perform their roles. So, perhaps, in responding to today's debate, the Minister can tell us a little bit more about the checks and balances that will be in place here in Wales to ensure that any one advising or treating patients throughout this period are as capable as possible of doing so. 

In order to ease the burden on front-line staff, I note that the Bill also contains clauses in relation to emergency volunteering leave and compensation for emergency volunteers under Schedule 6 to the Bill. This is also crucial as it will help maximise the number of volunteers that are able to fill gaps in capacity and thereby help to safeguard essential services. For example, we know that there's a strong possibility that adult social care services will face a rise in demand and a reduced capacity arising from higher rates of staff absence. Therefore, it's understandable that local authorities should be able to prioritise care in order to protect life and reach speedy decisions without undertaking full Care Act 2014-compliant assessments. At the same time, the Bill introduces a new form of unpaid statutory leave, as well as powers to establish compensation schemes, which is entirely right to compensate for some loss of earnings and expenses incurred by volunteers. 

One of the key objectives of the Bill is to contain and slow the virus, and so it's vital that the Welsh Government has the powers in place to effectively meet this objective. Clause 49 provides for powers relating to potentially infectious persons under Schedule 20, and I appreciate that this clause may seem draconian to some people but, given yesterday's announcements, it will be important that police and immigration officers will now be able to direct individuals to stay at home or keep them at suitable locations for screening and assessment. It's hoped that these measures will go some way in filling the existing gaps in powers to ensure the screening and isolation of people who may be infected or contaminated with the virus and to ensure that constables can enforce health protection measures where necessary. Of course, both the UK Government and Welsh Government are working on the assumption that the vast majority of people in Britain will comply with the official public health advice, and as a result, this clause simply seeks to ensure that proportionate measures can be enforced if and when necessary. And I have to say that what we saw over the weekend in some places, where some people just disregarded advice and travelled to holiday destinations in certain parts of Wales, was totally irresponsible, and that’s why these powers are necessary in order to prevent this from happening in the first place. I'm pleased that the Welsh Government took action yesterday to close caravan parks and tourist hotspots.

Dirprwy Lywydd, we all have a role in ensuring that our constituents are aware of the latest guidance and that they are as informed as possible. Whilst I appreciate that the UK and Welsh Governments have made great efforts to advise the public of steps to take if they feel that they may have symptoms of the virus, there are still people contacting their Assembly Members for advice and support. As Joyce Watson said earlier, some are misinforming people online, so perhaps the Minister could tell us a little bit more about what the Welsh Government can do to widen the reach of its messaging so that we’re not in a position where people are detained or isolated by force.

There are also some very serious concerns surrounding the ways in which the deceased are managed with respect and dignity. I appreciate that this is a particularly sensitive issue, however, it’s important to ensure that the administrative processes relating to the registration of births, deaths and stillbirths can operate effectively during the outbreak period.

Dirprwy Lywydd, there are several other areas of the Bill that will be of significant importance to the people of Wales, and I hope the Welsh Government are examining how best to work with the provisions in this Bill. Whilst some provisions in the Bill may seem draconian, we must remember that these are unprecedented times, and as such, they call for unprecedented action. My colleagues and I will, of course, support this LCM and continue to do what we can to support both the Welsh Government and the UK Government to protect the people of Wales and mitigate the spread of this devastating virus. Thank you.

I'm pleased to rise to take part in this important debate. In his contribution to this debate, Paul Davies twice used the word 'draconian', and this is a draconian measure; we cannot pretend it's anything else. I’m sure that most of us in this Chamber will not be supporting it with a light heart. We would have loved to see our fellow citizens comply with what they were being asked and advised to do, but sadly, we know there is a minority—and I believe it’s a small minority of people—who were not prepared to take the very, very clear advice, and that means that powers must exist to protect the population from this unprecedented disease. We really don't know, as the Minister said earlier, what it’s going to do and how it’s going to affect us, and so Plaid Cymru will be, with quite a heavy heart in many ways, supporting this legislative consent motion.

In my contribution, Dirprwy Lywydd, I want to echo some of the concerns that have already been raised, particularly by Mick Antoniw. Not about whether the powers should exist, but how those powers might be used and how this place might be able to participate, because as the Minister has said, the taking of these powers—some of these powers—does not necessarily mean the use of them; it may not be necessary. But there are some areas, and I’m sure many other Members of the Senedd will have had representations, for example, from disabled people who are really concerned that if the requirements, hard-fought-for requirements, requirements that they’ve taken many years to campaign for around the right to support are removed, that they will lose care packages and that would make them vulnerable. I'd argue that it would actually make them vulnerable to ending up in the hospital system, which of course would be the last thing we would want. And the Minister will also be aware that there are concerns about the removal of some protections for mental health patients. I know that this Welsh Government will not likely use those powers, but I do understand why constituents have been writing to me and to many of us, and about the rights of disabled children to access education—all of those things—that those fears are real. I'd like to ask the Minister today, and I don’t know if he would be able to commit to this, that if the Welsh Government is reaching the point where it feels it must use some of those powers, that in addition to perhaps reporting as Mick Antoniw has suggested, whether it would be possible—we will be meeting in this place in one form or another—if it would be possible for the Minister to bring forward a statement to the mini Senedd or whatever we will be by that time, to explain why he is thinking of lightening the requirements on local government around social care, for example, so that we can raise constituents' concerns with him. And he can respond to those, and I'm sure respond to those in a way that would provide reassurance.

The Minister said in his statement that he absolutely understands—and I'm really pleased to hear him say this, and it doesn't surprise me at all—the right to balance respect for individuals' rights around what is necessary for the community as a whole. And in that respect, I draw his attention—he may have already seen it—to the statement released today by the Equality and Human Rights Commission that provides a very useful framework for one's thinking around how some of that balancing might be done in this absolutely unprecedented period.

I refer briefly to statutory sick pay. Of course, all of us will welcome the fact that this becomes available, but as Mick Antoniw has said, people cannot live on that. They certainly can't live on it for very long, and I think we are disappointed. I understand there were amendments that were raised but not discussed that would have provided, in this legislation, some protection for those sole workers, self-employed people and freelancers. I've heard what the Welsh Government have said—and I hope that they are right—that we will be getting a package from the UK Government, because that is, of course, the right level for that package to come. But if it doesn't come and it doesn't come quickly, I would urge Welsh Ministers to look at what they may be able to do in the short term. We've been doing some research ourselves, supported by experts in the field, around the possibility of a temporary basic income that would support those people, and if we find ourselves in a situation where the UK Government won't act, we would obviously be more than happy to share that and see if there's any feasibility.

I mean, there are other things that the legislation doesn't do, as I understand it, and the Minister will correct me if I'm wrong. It doesn't, for example, enable the Government, at any level, to step in and deal with bad employers. I am receiving messages as we are sitting here from people who are being pressurised to go into work in situations where I don't think anybody in this room would feel that their work was essential for the community. Siân Gwenllian raised earlier the issue about construction workers. I'm not a construction worker but my big brother is, and I know what construction sites are like. It is not possible, on a construction site, to be building buildings or repairing them and maintain proper social distancing. It just should not be done. Unless those people are building essential facilities or making essential repairs to perhaps the homes of older people who won't be safe to stay in their homes unless it's done, but construction workers—. I've had several e-mails this morning from people in my region saying, 'I don't want to be at work; I don't feel safe at work; I don't feel my work is essential, but my boss is telling me that unless I turn up, my work is gone.' We know that that sector is quite fragile, actually, that people's employment rights are often not very strong, and it's a disappointment to me that this legislation does not give Governments an opportunity to step in.

Again, the vast majority of employers are going to be being responsible, they're going to be supporting their staff, they're going to be encouraging their staff to stay at home. We've seen some really nice things. Timpson's, for example, who've not only told all their are staff to stay at home and they'll be fully paid, but are giving them additional help and protection.

I can see the Deputy Presiding Officer is telling me that I must draw this to an end, and I will do so. The final point that I want to make in the context of the legislation is that this does give powers with regard to isolation, with regard to distancing, but I think if those powers are to be used, people must have clarity, and particularly today what is facing us is that it is not clear what is essential work and what is not. I don't know to what extent, Deputy Presiding Officer, that will be in the gift of the Welsh Government to get some more clarity about that, but we cannot ask people to behave responsibly and then not tell them what responsible behaviour really looks like.

For my contribution, I want to give a very personal rather than a legal or even a political take on this, really, in terms of what we're considering today.

I reflect back now on when I stood for election to this Senedd in 2016 and, really, all I was hoping for was that my life experiences would bring something to this institution and that I could do my little bit to make life for my constituents—that I'd later be elected to represent—just that little bit better. Not once did it cross my mind that less than four years later I'd be in this Chamber debating legislation that would give emergency powers to our Government in the face of a public health emergency. But here we are. And the speed at which this has moved has been quite frightening.

I was reflecting on when I first heard of coronavirus, and there was general news coverage about the events in China—that that didn't really strike us as being a reason to refocus on our business here. And then I recall I was at a social gathering in January, and there were a lot of us there—a lot of friends together—and we were having a bit of banter about the virus and whether we'd all need to get masks, because there were a number of us in the room, including me, that had the usual coughs and sneezes of our winter colds. We all laughed about it; we just didn't take it seriously. I think it's fair to say none of us are laughing now.

On Friday of last week, I decided to close my office in Merthyr Tydfil, both as a precaution for my constituents, who visit my office in quite significant numbers, but also to protect my staff that I employ to work in that office. As I locked the office on Friday evening, taking with me all the bits and bobs that I'd need to work from home, I was suddenly hit by the enormity of what we're facing—leaving that office and not knowing when we were going to be going back, and then, when I got home, realising that I couldn't even organise online shopping for my 81-year-old mother, who lives alone some miles away from me, because all the slots had been taken for weeks ahead, and, finally, feeling hugely emotional that I have no idea when I'm going to be able to cwtch my six-month-old grandson again, or when I'm going to be able to see my sons and their partners or my mum or my family or my in-laws and my friends, and knowing that some of those are in vulnerable categories, and not knowing what the weeks ahead are going to bring.

As I said earlier in my contribution to the First Minister's statement, from where I live, I can see the Tesco car park in Merthyr Tydfil, and I've watched in amazement and some considerable discomfort the crowds going in and out, ignoring advice on social distancing, panic buying and stockpiling. All these things tell me that we have to do more. We have to now give powers to Government to enforce behaviours that, unfortunately, some people are refusing to comply with voluntarily. The advice has been issued, and that's been done for a reason: to try and save lives. So, I support giving our Government these powers, the tools that they will need to do a job at speed, to take action to try and help bring this crisis to an end, and I thank them for everything that they've done so far, for the difficult decisions to make under the most difficult of circumstances.

I also have insufficient words to thank those on the front line providing emergency responses. I cannot imagine the pressures that they are under now, trying to cope, but they do, and they are delivering for us as they always do.

No more do I want to hear nostalgic references to wartime spirit. We are not at war, but we are in the battle of our lives. We are not dodging bombs from planes, but we are dodging each other, because we are now the bombs. Dirprwy Lywydd, we do this because we all hope to get back to normality soon. We all want to be able to hold our loved ones again and see our friends. Our value of such simple pleasures might even increase dramatically when we look back on this time. To do that, albeit that this is a temporary measure, I'm prepared to make the most difficult decision that anyone should have to make in a democracy, a decision that I had never contemplated in 2016. But I will therefore be supporting these measures that will give our Government the powers it may need to bring this crisis to an end as soon as possible, but also knowing that ending this crisis may well not be in the immediate future.

These powers are truly draconian, and, yes, they send shivers down the spine. The powers being granted to Government Ministers across all four nations impact upon the civil liberties of us all, and most people could not be anything other than concerned. And in normal circumstances, I would not even countenance such a transfer of powers. Unfortunately, these are not normal times, because, in a matter of weeks, coronavirus has spread around the globe, posing a severe health risk to us all. Governments have been forced to play catch-up as they try to minimise the impact this disease is having on their populations.

Here in the UK all four home nations have worked together on a unified approach, an approach designed to limit the impact of COVID-19, while the scientific community seeks a cure through possible vaccines and therapeutics. Unfortunately, a few people have not been following public health advice, and it is therefore necessary to take more decisive actions. We are today being asked to give legislative consent to a Bill that gives Governments unprecedented powers to curtail our basic freedoms and limit our civil liberties. Normally, I or my party would not permit such a transfer of powers, but we are in unprecedented territory, because we have an invisible enemy, one that does not respect borders. Everyone is at risk—not just the elderly or infirm, because young people have also passed away. Unless we take drastic and decisive action, tens of thousands of people will die. This is the stark reality facing us.

So, I accept that these powers are necessary in order to protect us from COVID-19. And make no mistake, this coronavirus is extremely infectious and very deadly. We have tried asking and even cajoling the public to do the right thing, and whilst the vast majority are heeding the public health advice, far too many are ignoring the warnings. The only alternative is for the state to force compliance. We can't allow the actions of a few to put us all at risk.

So, I am glad that the UK Government listened to reason and subjected the Bill to a six-monthly review, because these powers are open to abuse by the state, and therefore it is vital we ensure that these powers only exist for as long as is necessary. I still have concerns about clause 76, which gives the four Governments the power to alter the expiry date, and I would therefore ask the Welsh Government to agree to seek permission from this Chamber before invoking this power. It is vital that these powers are in force for the shortest time possible.

I will support, with a heavy heart, the legislative consent motion before us today. I was elected to support my constituents, and, unfortunately, the best way to do that is to place limits on freedoms that we all usually take for granted. We need to save lives and protect our communities, and I hope the Welsh public will heed the warnings, listen to the advice and act in everyone's best interest. This is the surest way to stop the spread of coronavirus, and the sooner that we do that, the sooner we can all return to our normal lives. Diolch yn fawr.

I think all of us, when we're considering these matters, consider our values, our positions, both within this Chamber, but also our responsibilities to our families and to the people we love. There are many of us who have watched our tvs over recent weeks and have seen what is happening to friends across the way in Italy and Spain and elsewhere, who have seen the suffering of people who have contracted this virus, and seen what it has done to communities and whole countries. Many of us—Dawn Bowden spoke very powerfully about the reasons that she sought election to this place—fundamentally want the same thing. We want to take care of our communities, and we want the best for our communities. I think the leader of the opposition, Paul Davies, said exactly that in his opening remarks.

So, when I consider this Bill, I consider certainly the situation we're facing, but also how do we contribute to resolving this issue. And I ask myself three questions. Do the powers exist to deal with this? Are these powers appropriate? And how is the exercise of these powers supervised? I think there's broad agreement that we do not have the powers, and the Government does not have the powers, that it requires to deal with the growing situation that we are facing. All of us saw the scenes over the weekend of people pretending it's a bank holiday or pretending that it's a day off. And all of us, I think, were appalled by that. I saw reports in my own constituencies, where pubs were open to finish off the barrel. In fact, what they're doing is endangering not only the people there, but all of us in our communities. And it is also clear that there is a lack of clarity about where the powers lie, and how powers are enforced. So, it is clear to me that we need and Government needs these powers in this Bill in order to deliver the sort of programme it must do over the coming weeks.

And then we have to ask ourselves: are the powers appropriate? And I have to say, I am clear in my own mind that the powers are appropriate. But these are not measures that I would have supported in the past. These are measures that, frankly, I find abhorrent, and in any other circumstances are measures that not only would I not support, but I would fight against with all of my strength. They are measures, Deputy Presiding Officer, that quite frankly I would not have voted for only a few weeks ago. The growth of cases that we've seen, and I've seen in my own part of the world in the Aneurin Bevan health board area, where there are more cases for us than any other part of Wales—. I've seen and I've felt the fear that that creates in our communities. So, it is appropriate that we have these powers in order to protect the national health service, to strengthen the national health service, to strengthen the public services that are delivering the protection we require, but also to ensure that people act responsibly.

And therefore, how do we supervise those powers? For me, I hope that Ministers will make reports to this place whenever these powers are used. I hope that Ministers, and I expect Ministers, to come to this place to explain why these powers are being used, for how long these powers are used, what is the objective of those powers being exercised, and when they expect these powers to be removed. It is not right and it is not proper in a democracy that these powers rest on the statute book. These powers need to be limited, and I'm very grateful to see that Ministers here welcome the limitations of those powers. I'm grateful to see a six-month review, and I agree with what our colleague Mick Antoniw said about regular reporting. But there must be accountability and proper parliamentary oversight and supervision throughout the whole of this time, and we all need to take that seriously. But also we need to look clearly at what powers do exist. I'm not convinced that there are sufficient powers at the moment to regulate the actions of supermarkets and the actions of people within supermarkets. I'd be interested to hear what the Minister has to say about that. I have some real concerns about some of these measures and what they will do to the rights of people who suffer from mental health issues at the moment, and I think we need proper supervision of that.

But in closing, and in supporting the Government today, I want to say this, Deputy Presiding Officer: what has shocked me over the last few weeks is that we do not have in place sufficient civil contingencies legislation that is workable and able to be used by Government when they are facing an emergency. It is not good enough that the statute book does not include emergency legislation adequate to deal with a crisis. I would hope that when we have dealt with this matter, we will again then be able to look at the statute book in its totality and ensure that Governments, under supervision and with consent, have the powers they require, without going through this process, because there is no real scrutiny of this legislation taking place, either here or in Edinburgh or in Belfast or in Westminster. It is being rushed through in a week, in a few days. The most draconian limitations on our freedoms to act and our freedoms as citizens are being rushed through four Parliaments in three days. We therefore need to have on the statute book legislation that is considered, that is robust and provides Ministers and Governments with the ability to act where necessary, but to act in a way that has democratic accountability, supervision and clear reasons there at its heart. We do not have that at present.

I support the legislative consent motion, I support the powers, I support the use of these powers, and I hope that at the end of this dreadful period of time we're living through, we will have learned some lessons and we will be able to again review where we stand as a Parliament and the powers that Ministers have to keep us safe. Thank you.

Alun, I've just got to say, until those last few sentences, I was with you all the way, because one of the points I think that is worth making in this debate—and it has been made already; the word 'draconian' has been used more than once—is we're not like Spain; we haven't got these draconian powers sitting on our statute books, however well considered they may be. And actually, I wouldn't support that. However clunky and dissatisfying the current process has been, for us to have these sort of Franco-esque powers sitting on our statute books ad infinitum is not something I think I could support, even though I understand the argument that Alun Davies was making. Everything else he said I do agree with, which is slightly unusual, but we may as well accept that.

But I wonder—I mean, I agree with the point that Dawn was making; if we're going to have Governments having the power to stop me seeing my father or my sons, you've got to really prove that you need those powers—the very point that Alun Davies was making as well. So, perhaps I could just take you through some of the specifics, harking back to some of what Helen Mary said, actually, about this balance between our human rights and the necessity for these powers. In particular, I think we've got clause 9 and clause 14 that are of specific interest to me. Clause 9 is the reduction of the number of doctors needed to sign off somebody with mental health problems from being sectioned. Personally, I don't see why you can't find two doctors in those extreme situations, there aren't going to be that many of them. But if we are in that position, perhaps we could be reviewing the decision more frequently than the legislation allows. There's nothing preventing you from doing that and making the very statements that Alun Davies was talking about if they're needed.

Clause 14: assessing the needs of not just people with disabilities, but carers and paid carers in particular. We have a situation now with the legislation where you may be entitled to an assessment, but there's no obligation to meet the needs that are assessed. But in the circumstances that Helen Mary described of 'things will be okay for now, but we might reach a peak where there just aren't enough staff to do assessments', what is your view of just presuming that the arguments put forward by either a carer or somebody cared for that what they're saying is correct? Giving them what they need if it's possible to do that and then reviewing their assertions later on in the process when we have a workforce back to normal. I wouldn't normally support believing people without the due process of assessment, but I think in these circumstances, I don't think people are going to be taking the mickey; they're going to be asking when they're desperate.

Clauses 35 and 36: I just wanted to ask, because there are powers here to suspend the DBS checks, which I completely understand. There are still former teachers in our population who were struck off the register for good reason and I'm hoping that whatever relaxation is taken into account here, that those individuals won't be allowed back into the workforce.

Again, Helen Mary's point on 'essential': what does essential work mean? What does that mean? There are opportunities within individual companies or small businesses for it to mean 'some of your staff is needed and some of your staff is not'. So, the example I was given this morning: 'I work for a small gas firm. If somebody says they've got a gas leak, am I allowed to go out and fix that for them anymore?' Going back to the construction point, I've had a gardening firm get in touch, saying, 'Well, we can work at distance. I understand flower beds not being particularly important, but if somebody rings me up and says a tree is about to land on them, am I allowed to go out and do some tree surgery on it?' That kind of guidance would be necessary.

Because I wasn't able to ask in a question about renting before, can you just confirm for me that the position in England and in Wales about the lengthening of the notice required for possession proceedings is framed in that way for England and Wales, so that we don't have evictions? I appreciate that the principle is accepted by everybody, but it's just to clarify that England and Wales are exactly the same. If they're not, that's fine, but an explanation would be quite useful.

And then, I think, finally from me was a question on—. Yes, Hefin David raised the question of MOTs earlier on. Now at the moment, he's not here, but garages can stay open to do MOTs. As the workforce was generally becomes smaller, because of people either self-isolating or becoming ill, sadly, do you anticipate—and I appreciate that this is a UK question, really, but you will be asked this in COBRA meetings—that we will ever be in a position where legal requirements are likely to be further suspended, as with DBS checks, simply because we don't have enough people to enforce them and in those circumstances, what will we be asking people who would normally be subject to those legal requirements to do? Thank you ever so much.

May I say first of all that I identify entirely with the comments made by Dawn Bowden? It is hugely important that we do share our concerns and it’s important that we express that emotion that we are bound to feel. That is so important at a time such as this. So, I thank you for sharing some of your concerns with us today, but we will get through this. We will get through this together—that is certainly possible.

We, as a party, have been working constructively with the UK Government and the Welsh Government on this legislation in order to ensure that the Government does have the powers to keep us safe. This legislation should lead to more staff being available in the NHS and in social care. It should make volunteering easier, put a stop to groups of people getting together, enable more support to be provided to businesses and give dignity to those who lose loved ones. But, of course, as others have already said, it’s important that these powers should only be used if entirely necessary, and we do need full scrutiny of the use of these powers, too.

I do agree entirely with the concerns expressed on the two-year period, and my colleagues in Westminster have been calling for this six-monthly review. I do believe that assessing the impact of the powers contained within this Bill, the impacts on Wales—be they powers held here in Wales or powers that are not devolved to us as a Parliament—it is important that we assess the impact of any powers that come into force and, as Alun Davies said, there should be regular reports and opportunities here for us to scrutinise this in an entirely constructive manner in order to ensure that everything is working appropriately.

It is important to note, I think, that the clauses in the Bill related to devolved issues do mean that the Welsh Government can decide not to make use of those clauses. That is to say that it could decide not to turn on the switch on those powers. I do think that that’s important. It does show respect to our Senedd here.

Just very briefly, some of the issues that do concern me. Social care: by relaxing the requirements on local government in terms of social care, there is a risk that this could lead to an unacceptable level of care, which could lead to unnecessary deaths. We do need to ensure that only if the pressures become extreme we would actually make use of those powers. On DBS checks, I agree entirely with the comments made by Suzy Davies. We do need to take care in hastening those checks in order to allow more volunteers to help, but we must also bear in mind what the purposes of those checks are, namely to safeguard the most vulnerable people and children amongst us.

Now, with schools, I agree entirely that schools need to remain open, but it can place huge stress on teachers, and the teaching unions do have concerns about the health of their members although, of course, the provision for the children of key workers is entirely essential.

On mental health, the Bill will allow far-reaching changes to mental health legislation, which could mean that people could be held in a unit or a hospital for a lot longer than they currently would be.

To conclude, Deputy Presiding Officer: women. Women, generally speaking, care for children and older relatives and even to this day that hasn’t changed. This unpaid work will increase over the next few weeks and months, and we do need to respect that work and that contribution. Women, including pregnant women and those on maternity leave shouldn’t be placed at a disadvantage in their careers by following the guidance put down.

You will know that our party has a long and honourable history of supporting and promoting the rights of our people but, temporarily, we do need this legislation. We have no option, and therefore we will not oppose the motion before us today. Thank you.

Minister, I think I speak the same language as everybody here when I say that never, ever, in our wildest imagination would any of us who are sitting here today imagine that we would be here and be asked to press a button that will actually implement quite draconian legislation and visit it upon people in their homes and in their daily lives. That is not what we came here to do. But what we did come here to do—I'm fairly certain—is to protect people, to try to keep them safe, and to do all that we feel is reasonable and needed and justified to that end.

We find ourselves in the most unusual, unprecedented place that we could ever, ever have imagined. And it is in that light that I will support, as will everybody else here today—. I'm not claiming a personal victory here, because there is no victory in all of this; this is absolutely necessary. It's a means to an end. And the only reason, I suppose, that I will support it is because it is time-limited. These emergency powers are time-limited. They will be reviewed, and I'm sure that they will be reported on when they are used. We hope that we won't have to use every single one of the powers that are written down here today, but the behaviour, as many have said before me, last weekend was truly staggering. Some people clearly didn't understand—I'm sure of that—what it is that they were doing, and people all decided to do the same thing. When they were told to go out and have fresh air, they all ended up en masse in the same place. So, we know now that that won't be able to happen under this ruling.

But I think there are a few things that we need to look at. We're asking other people—. We're passing the legislation, but we're actually asking other people to enforce that legislation if that is the case, and I think we have a duty to make sure that those people who will be enforcing the legislation, and, sometimes, with a hostile population, we have to make sure that they are protected and we have to make sure that they're protected through insurance policies, through any protective gear that they need and some clear guidance also, because some people will now be in the front line.

We've heard a lot of talk about the front line, but the front line is moving all of the time. Yes, the NHS staff are the front line if you need medical care, but it's the supermarket operatives if you need food; it's the lorry drivers if you need that food to get to where we are going to pick it up. So, the front line now is anybody and everybody who is working to keep this country running at this particular moment.

Some of the powers are also here to protect businesses, and I've had an e-mail while we've been sitting here about a business that's been asked to pay rent, but they haven't got any business, and the person they're due to pay it to is also a small business as well. So, we need to take care of people from both sides and understand that when we put some legislation in to help one side, it doesn't negatively impact on the others.

I'm sure that everybody will be here with a heavy heart voting for this. We hope that we'll be able to very, very quickly take those powers away and give people back their freedom, but more importantly, their future.

Thank you. Neil McEvoy.

Diolch, Dirprwy Llywydd. Dirprwy Lywydd, actually—there's a mutation there. 

It is an extreme measure. I do have lots of concerns. I have concerns that councils can downgrade, as mentioned, care for the elderly and disabled with the suspension of the Care Act. I'm concerned about the use of remote technology in court cases in terms of fairness of trial. I'm concerned about how people can be detained.

It is an extreme measure, but we do live in an extreme time—unprecedented. I think, as everybody has said, there are aspects of the Bill that I certainly dislike and have huge concerns about. I have huge concerns about giving away liberty to people for any period of time. Individual rights are the cornerstone of what we should be about, but there are community rights as well. When we saw the crowds on the weekend, people out and about, treating it as if it were a bank holiday, then something had to be done. It's a pity, I think, that things weren't done beforehand, when maybe some actions could have been taken sooner. 

I'm pleased to hear that Welsh aspects of the Bill can be stopped here, from this Senedd. I'd like a bit more detail on that. I'm very uncomfortable with a two-year timeline. Six months is much better, but I just want to flesh out the detail on what is needed after the six months. Is it a straight majority? Is it two thirds?

I think concerns have been raised about people suffering domestic abuse at home. There's also the issue of children in care having less supervision now. I'm concerned about the amount of things being conducted online, especially education. There's a loophole in the law that you don't need a DBS to tutor online, and I think that's a huge loophole that this Bill could address, actually.

Ultimately, I don't think we have any choice here but to vote for this measure. We're unable to amend it from here. Just an appeal, really, to people watching on tv: we are all in this together. We may not realise it yet, but when people go out and they press the button to cross the road, if they're infectious, then the next person is going to pick up that virus. All they have to do is touch their face and they ingest the virus, through nose, mouth or eyes. It's very difficult not to touch your face at times.

I'm going to finish by saying that I think we really, really should be testing every possible case. I hear that we don't have capacity at the moment, but I think the priority of this Government must be to build capacity, and as quickly as possible, because these testing kits are available. They are available to this Government if the orders are put in, because we're not going to get back to some kind of normality very quickly unless we identify who has the virus, where the virus is, and we can isolate it in that way. These are extraordinary times, but I'll finish urging the Government to build capacity immediately to test every single suspected case of coronavirus. Diolch yn fawr.

Thank you. Can I call on the Minister for Health and Social Services to reply to the debate?

Thank you, Deputy Presiding Officer, and thank you to all Members who've contributed in the debate. I'll try to run through as wide a range of the points that were raised in my response, of course. A number of Members repeated points, or built on ones, that were made earlier on.

I want to thank Mick, and in fact all Members who spoke, for giving an indication of their support for the motion before us. Mick in particular asked, as did Alun Davies and Siân Gwenllian and a range of other people, about the reporting requirement that's in the Bill. I think it's now in clause 99 following amendments made yesterday, together with a six-month review that I think is in clause 98 now, and so I'm happy to give an undertaking on the record about the Welsh Government reporting to this Assembly on the use of powers on a regular basis. In practical terms, I think that in reality we'll be making public statements about the use of powers every time we use them, but then to want to gather together in one place a report on what's been done over a period of time. I'm happy to give that undertaking.

The one note of caution I'd give in regard to some other responses provided to other Members is that, first of all, it’s then for this institution to decide how it wants to use that report in terms of scrutiny or otherwise. And the second point is that, in terms of how the institution functions, not just in terms of reduced numbers, but we'll all need to have in our own minds that we may be in a different position in three months, six months or nine months, and just to be aware that we can't give absolute hard and fast guarantees about what definitely will happen. But, certainly there, from the Government's point of view, the reporting undertaken, I'm more then happy to provide.

In Paul Davies's comments, on the points about the safeguards, professional regulators will still be in place, but the standards they apply will have to be in relation to the ability to practice at that time. So, three months ago, you'd have expected something different to what you might expect in the middle of an epidemic when intensive therapy unit capacity may be full, for example. But that doesn't mean, for example, that the expected requirements about integrity, about conduct with colleagues—those things will still be in place. A fully staffed ITU bed at the moment has nine nurses around it. We may be in a different position if the outbreak reaches anything like its worst case potential.

In terms of your point about the reach of Welsh Government communications, there are regular conversations with broadcasters but also local media as well, and I think they're a really important source of information. Even though lots of people don't buy a local paper now, lots of people look at local websites for their news, and every Member with a constituency or region is pretty obsessive about their most popular local website, whether it used to be a newspaper or not. They're sources of information people regularly go to, so we are definitely thinking about how we try to get information to them. Again, trusted and consistent and as clear as possible.

And I think at the end of this, many more people will know who the Chief Medical Officer for Wales is than may have done six months ago, because Dr Frank Atherton will be a regular feature in communications to the public because he's a figure in whom lots of trust is invested. He's not here to seek election at any point in the future. He's an independent medical advisor to the Welsh Government, and I think it's really important that he and his three colleagues are taking a prominent role in not just advising Government, but in that public communication exercise.

And I know you mentioned points, as other Members did, about behaviour over the weekend, in particular in caravan parks and beauty spots, but more than that, we saw crowds on Barry Island and other places too. So, that explains part of the reason why we took the extraordinary steps we did yesterday when the First Minister announced some restrictions, and then the four Governments took further restrictions again. The powers in this Bill would allow us to take further measures in the future and allow the measures we've already taken under some of our Public Health (Wales) Act 2017 powers to put those on a different footing, because the review requirements for them are different.

It's worth, I think, making this point, though—even though it’s not strictly about the Bill—but it is about those people that have moved from their own home and the 'return home and stay at home' message. We're about to send out tens of thousands of letters in Wales to vulnerable citizens, to advise them about why they're in that group and the support that they should find available to them and why we're asking them to stay at home for at least three months. Similar letters are going out to people in England and other UK nations. If those people have left their normal home, where they're registered with their health service—whether they've gone from Caerphilly or Kent to Tenby, it doesn’t really matter—they're not in their normal home, they're not going to receive that advice or guidance, and they won't be in a position to safeguard their own health to protect themselves. So, actually, it isn't just about the pressure on parts of the whole of the UK, because there were similar issues in Cornwall and in the highlands and islands of Scotland as well, and the First Minister of Northern Ireland yesterday said they'd had similar problems too, but actually all of those areas are set up for minor injuries provision; they're not set up for the additional pressure that we expect will happen in the coming weeks, even if we do manage to flatten the peak of the outbreak.

Helen Mary Jones, I was grateful for a range of the comments you made. I think on some of the questions, in terms of if we're considering using the powers to lighten social care support arrangements, it will be covered by the reporting duty. We'd certainly want to report on what we're doing and why. We may not be able to do that prospectively, because we may need to use powers at the sort of speed, to be effective, where we'll have to use the powers and then tell the Assembly that we've done that, as opposed to saying, 'Next week, we'll be doing something.' In normal times you can do that, but these are anything but normal times.

On the points made by a range of Members on statutory sick pay, we recognise those comments and you'll have heard the First Minister call for the universal basic income. It's not often the First Minister is in the same place on a policy response as the United States' Republicans, but there are US Republicans who are calling for, effectively, a universal basic income too. It just shows the extraordinary times that we're living in and the recognition that, if we don't provide people with means, then their behaviour may be driven by the need to pay their bills and they'll act in such a way that the public health emergency will get worse, not better. I don't think the First Minister and Mitt Romney are due to share a platform anytime soon.

The Welsh Government have been clear in our call for further support for self-employed people from the United Kingdom Government. We understand that the Chancellor is due to make an announcement in the next day or two about that. The sooner the better. But, within the Welsh Government, Ken Skates is already leading work on what more we can do within Wales with the levers and means that we have available to us.

On construction, again, it's not strictly in the Bill, but if the powers are given to us, then we'd certainly be on a firmer footing to make further interventions, should they be necessary. But I recognise, as indeed do the First Minister and other Ministers, the points made about the construction industry. It is certainly not always possible to work on a construction site and to socially distance yourself. My older brother worked in the construction industry and my father-in-law works in the construction industry as well. There is real concern that other Governments share. I understand, though, that safety-critical work would need to continue and, equally, work that is critical to the fight against COVID-19. So we wouldn't want to see the work being done to convert leisure centres in Carmarthenshire being ended. We actually need that work to carry on to equip us with the means to fight the disease and save as many lives as possible, but I recognise the points about the fact that this is a fragile sector in terms of workers' rights. People are often required to be self-employed where in reality they are under direct control in a way that most employees feel they are as well.

I was particularly impressed by Dawn Bowden's contribution, reminding us all of our role and our expected role as elected representatives and the very human impact of coronavirus and—as, indeed, Suzy Davies mentioned—about the interruption to our own family lives as well and the reasons why Members are reluctantly supporting these new powers. It doesn't give me or any other Minister in this Government any relish to ask Members to pass this motion, but the truth is this is not easy, not simple, and we're not certain when this will end. I think there was also a point raised by Alun Davies that he would not have voted for these measures only a few weeks ago.

On supermarkets, we think we do have some powers to intervene to regulate behaviour and purchasing now, but the Bill will give us a surer and firmer footing to do so, if that is required.

Can I press you on the supermarkets? I think many of us are concerned as well for employees. A number of people have contacted me quite upset, overnight, who have been told that they have to go to work. It's clear that their work is not essential in any realistic way at the moment. Are there powers, or do powers exist, to enable either this Government here or the United Kingdom Government to take action and to protect those employees from future actions from unscrupulous employers?

Well, if you're talking about further additions to workers' rights, then that may be difficult. However, we do potentially have—particularly if this Bill is passed and becomes an Act—further and clearer powers to close down additional undertakings, and that would give those members some of the protections. The Sports Direct example and the commentary circulating around the Wetherspoon chain and the message they've given to their trade union and their workers are good examples of exactly what we do not want to see. So, yes, there are powers that are on their way in this Bill that will give us a firmer footing. The Welsh Government will act and do what we think is appropriate at that time. We would rather have an agreed four nations position on almost everything that we're doing, but where we think there's a need to act, then we'll do so anyway. So the measures that we took on caravans and beauty spots, for example, yesterday, were in advance of the UK Government making announcements and, indeed, in advance of Scotland and Northern Ireland, because we had powers available to us that they currently don't have as well. 

On a range of the comments that were made by Suzy Davies on the workforce shortage around mental health assessments, it's important to recognise that we may not have a ready supply of doctors at some point in the future and, actually, we may not be properly safeguarding people who need to be in a different place for their care if we don't change, or have the ability to change, the way those assessments are provided.

In terms of essential work, I recognise that we'll need to finesse the guidance—there have been questions about it—to provide answers and to have consistent answers for people in both businesses and the workforce. I can also confirm the eviction protection does cover Wales as well—Julie James has been very clear about that and I'm very clear about that as the Minister in charge of the Bill from this point of view—and it is, of course, possible there will be further measures.

In terms of Joyce's points about people on the front line, I think it's worth reminding that this Bill is about protecting people on the front line. We think of the front line in a different way now—people who drive distribution trucks, people who work in food retail, they're very much on the front line, just as much as community pharmacy and health and social care workers are as well. 

I want to thank Members for their questions and for their support for the ability of this place to agree that this Bill should be passed to give Welsh Ministers the power to protect the public. With that, I'll close and ask Members to formally support the legislative consent motion before us. 

Thank you very much. The proposal is to agree the motion. Does any Member object? No. Therefore, the motion is agreed in accordance with Standing Order 12.36.

Motion agreed in accordance with Standing Order 12.36.