5. What legal advice has the Counsel General given to the Welsh Government on whether its response to Covid-19 is in accordance with human rights legislation? OQ55372

The Welsh Government takes its obligations under human rights legislation very seriously. It's clear that there are positive obligations to act, as well as an obligation not to interfere with human rights without clear justification. European Convention on Human Rights implications continue to form part of the Government's considerations in the context of our response to COVID-19.

Thank you. Now, despite the right to respect for private and family life, many individuals, friends and families are being kept apart here in Wales by the 5-mile rule. Despite the right to freedom of thought, conscience and religion, places of worship were closed, even for private prayer. The Older People's Commissioner for Wales has raised concerns that older people's rights may not have been sufficiently protected, and the Children's Commissioner for Wales has written about how children and young people have seen changes to their ability to access human rights. Do you agree with me that an independent inquiry should be established urgently, so as to start considering the impact of Welsh Government decisions on adherence to human rights legislation in Wales during this COVID-19 pandemic? Thank you.

I thank Janet Finch-Saunders for that supplementary. The first, rather obvious, point to make is that the 5-mile rule is not, in the way that she describes it, a rule. I just want to make it clear that it is a rule of thumb and guidance; I've somewhat lost track of the number of times that point has been made in the Siambr, but happy to make it again for the record, in case there's any misunderstanding.

On her broader point about human rights, I think it's important that we approach these questions with clear sightedness. Each of the decisions taken has been evaluated against, firstly, our obligations in this area, but also our commitment as a Government in this area. Each of the decisions taken has to pass a series of tests, that they are necessary, that they are proportionate, and are maintained under constant review. The task involved is to infringe and interfere with people's rights consistent only with that set of tests, and weighing against those rights the risks, which are obvious, to public health. I'm confident that that has been the process that the Government has followed across the piece in relation to each of those decisions, and I absolutely acknowledge the point that she's made in relation to the issues highlighted by commissioners. It is important that those issues are raised and that they are part of this debate and part of this discussion, because the fundamental commitment that we have as a Government to human rights, as I said earlier, is undiminished.

And so we welcome the opportunity to discuss those issues and to be scrutinised on those issues. And I would be content to put in the Senedd Library, Llywydd, a note that describes the decision-making process in relation to some of the restrictions that have engaged the legal tests that I've talked about, so that Members can understand perhaps more fully some of the judgments that are made along the way.