7. & 8. The Health Protection (Coronavirus Restrictions) (Wales) (Amendment) (No. 2) Regulations 2020 and The Health Protection (Coronavirus Restrictions) (Wales) (Amendment) (No. 3) Regulations 2020

Part of the debate – in the Senedd at 5:26 pm on 20 May 2020.

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Photo of Vaughan Gething Vaughan Gething Labour 5:26, 20 May 2020

Thank you, Llywydd. I formally move the two sets of regulations before us today, and I ask Members to support the regulations before us. I will refer to them as the 'No. 2' and 'No. 3' regulations, rather than repeating their full long title. 

Members will recall the debate that we held on 29 April on the two preceding sets of regulations to those being debated today. These were the Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020, that were made and came into force on 26 March. These are the principal regulations that placed restrictions on our movements and required the closure of certain businesses. Their main purpose was to minimise the extent to which people leave their homes during this emergency period to help contain coronavirus, to minimise the burden on the health service and, of course, to save lives. 

Further amendments were made in the amendment regulations that came into force on 7 April. These introduced the requirement for social distancing measures in all work places and made important changes in relation to burials and cremations.

As the lockdown has continued, the Welsh Government has continually reviewed the requirements, and we are very aware of the effect that these constraints are having upon the people of Wales. Our continual review is in addition to the 21-day review cycle, which requires Welsh Ministers to review the need for restrictions and requirements every 21 days.

As with the sets of regulations that precede them, the two sets of regulations that we're debating today were introduced under the Public Health (Control of Disease) Act 1984 through emergency procedures to support our approach to tackling coronavirus in Wales.

In the No. 2 regulations, which came into force on 25 April, we made a number of revisions. We made provision to permit exercise more than once a day, if needed, because of a particular health condition or disability, and made it clear that visiting a cemetery or other burial ground or garden of remembrance to pay respects to a deceased person is a reasonable excuse for leaving the place where you live. We also widen the definition of a 'vulnerable person' to include other specific groups or conditions where people could benefit from assistance, and providing supplies for them is a reasonable excuse for another person to leave home, for example to assist people with dementia. These changes supplemented the rules already in force but were made to respond to some of the challenges that we know were being faced by families throughout Wales, whilst at the same time ensuring the aim of controlling the spread of coronavirus has been maintained. 

The No. 2 regulations also ensure the 2m physical distancing requirements are in place for click-and-collect style services, and extended the physical distancing duty to cafes accessible by the public in hospitals, and to those responsible for canteens in schools and prisons and for use by the armed forces to ensure that all reasonable measures are put in place.

In the No. 3 regulations, we've taken steps, in line with public health and scientific evidence, to improve well-being and support economic activity. We've lifted the limit on exercising no more than once a day, and permitted the opening of libraries, provided distancing requirements are followed. A 'stay at home' message in Wales remains in place, and our regulations specifically state that exercise must be taken within an area local to the place where a person is living. These regulations also provide that garden centres and plant nurseries may open subject to the social distancing requirements.

So, we've changed what constitutes a reasonable excuse for the purposes of section 8(1) so that it is explicit that a person may make use of a recycling or waste disposal facility or collect goods ordered from a shop on a click-and-collect basis if they need to. I'm pleased to see that recycling centres are now reopening on a planned basis across Wales.

Importantly, the No. 3 regulations increase democratic oversight by removing provisions about terminating requirements or restrictions by ministerial direction. This means that all changes to the principal regulations must be brought before the Senedd. Llywydd, these restrictions are in place to protect people's health and control the spread of coronavirus. The law is, however, clear that these restrictions can only be kept in place for as long as they are necessary and proportionate, and I am very aware of the extraordinary efforts that have been made by so many people across Wales to help all of us to slow the spread of the disease.

Our road map, published on 15 May and just debated, lays out specific steps that we are considering as we move out of lockdown. As part of our cautious and coherent approach to easing the restrictions, we will consider if and how we bring forward further regulatory changes in the coming weeks. For today though, our message to the people of Wales is to stick to the advice to stay home, and, if you need to leave home for one of the permitted reasons, to stay local. In doing that, you'll protect our NHS and help all of us to save more lives. Thank you, Llywydd.