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 5:39 pm on 20 May 2020.

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Photo of Angela Burns Angela Burns Conservative 5:39, 20 May 2020

I would like to put on record that I believe that the Chair of the Legislation, Justice and Constitution Committee has articulated in a very clear and passionate way the necessary regard we must pay to our fundamental liberties and rights despite the difficult time we're currently in, and, therefore, he very clearly enunciated my concerns about these ongoing regulations and the way that they're being handled and brought forward. These principal regulations are subject to constant amendment in a number of areas, because the Welsh Government put them on the face of the legislation rather than in the guidance, and that, I think, is acceptable. But it does mean that we, the Welsh Parliament, are always discussing the amendments after the event, and that is not in my view a wholly satisfactory situation. Properly scrutinising these regulations is vital, and although there is a need for Parliament to approve them in order for the regulations to be enforced for more than 28 days, it cannot be acceptable, for example, that these regulations were only brought before the Legislation, Justice and Constitution Committee on 18 May. In my view, this denies a clear scrutiny process, and whilst we're living in difficult times I would urge the Welsh Government to submit and allow themselves to submit to due scrutiny, and they must ensure that they do not allow the circumstances we're in to subvert that scrutiny.

We need more clarity on both regulations and the guidance that accompanies them, because the current regulations are confusing and in many cases apparently contradictory. People don't know what they mean. I know that my inbox has a multitude of e-mails from constituents who are unclear as to the meaning behind the regulations. And I noted in today's answer by the First Minister to Carwyn Jones, who was trying to bring further clarity to the regulations, and he had to give that further clarity. Alun Davies also said that his constituents were seeking clarity, so I am not alone.

I am pleased that the regulations place a requirement for a proportionality of restrictions, but I want to draw the Senedd's attention just to a couple of areas, so, for example to regulation 8, which is amended to allow reasonable exercise more than once a day. Now, here's an example of how unclear these regulations are: what is local? I note Welsh Government state there is no desire to define 'local', as there will be different meanings whether you're in Cardiff or in mid Wales. So, we have a situation where you can drive to your nearest golf course, which may be 30 minutes away, but you can only go fishing if you can walk or cycle there. And if you drive 10 minutes to a beach to surf on your own, socially distancing, you're reprimanded and possibly fined by the police. You can exercise from your own house in a crowded street with difficulty to get social distancing, but you can't drive for a couple of minutes to go to a common just up the mountain from where you live. You can now eat during a walk, but local authorities have blocked picnic spots, so again, a contradiction. All this is based on the science, we are told. 'It's the science' is Welsh Government's mantra, and rightly so, but how come, then, it is so vague and contradictory, and, as the police tell me, very hard to enforce?

There are many other anomalies, other examples within these regulations of a lack of clarity, other areas that appear contradictory, and I don't have the time to go through them all. But suffice to say that the Welsh Conservatives will support amendment 2 to the health protection coronavirus restrictions regulations. We will, however, be abstaining on amendment 3 of the aforementioned regulations. And, Minister, I want to give you and the Welsh Government notice that we will not hesitate to vote against future amendments if the Welsh Government is unable, unwilling or incapable of improving the clarity of further amendments, and explaining the science and the social rationale behind these further changes to us and to our constituents, because we are indeed in difficult times, but we must always, always pay real heedance to people's rights to life, to liberty, to freedom of movement, and you've got to explain to us very clearly, because people are confused; they are worried; they are fearful they're breaking the law.