2., 3. & 4. The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 3) Regulations 2020, The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 4) Regulations 2020 and The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 5) Regulations 2020

Part of the debate – in the Senedd at 2:45 pm on 26 August 2020.

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Photo of Vaughan Gething Vaughan Gething Labour 2:45, 26 August 2020

Thank you, Llywydd. I formally move the three sets of regulations before us today and ask Members to support them. As with the regulations that have preceded them, these regulations being debated today have been introduced under the Public Health (Control of Disease) Act 1984 through emergency procedures to support our approach to tackling coronavirus here in Wales. As the prevalence of coronavirus has reduced, we have continued to review the restrictions that it has been necessary to impose upon individuals, businesses and other organisations to manage this extraordinary public health crisis. The continual review of the regulations is in addition to the 21-day review cycle, which requires Welsh Ministers to review the need for restrictions and requirements at least every 21 days.

Over the last few months, Members will be aware that we have sought to gradually ease the range of restrictions that apply in Wales as the circumstances have allowed us to do so. The regulations before the Senedd today continue that process. All of the changes introduced by these regulations are once again based upon the most up-to-date scientific evidence and public health advice. On that basis, we consider restrictions that it is safe for us to remove or alter whilst guarding against any further resurgence in the spread of the virus here in Wales. Taken together, the three sets of regulations have removed many of the remaining legal restrictions on everyday life and the economy. However, in order to do that, at times, we have also had to take mitigating measures to keep the virus under control.

The amendment No. 3 regulations came into force on 3 August. They allowed outdoor gatherings of up to 30 people; pubs, bars, cafes and restaurants to reopen indoors; and bowling alleys, bingo halls and auction houses to reopen. The amendment No. 4 regulations, which came into force on 10 August, allowed for further relaxations of the coronavirus restrictions by permitting a range of other premises to reopen, including swimming pools, fitness studios, spas to the extent they weren't already open, leisure centre and indoor play areas. They also expanded the activities that could be undertaken in community centres.

In these extraordinary times, freedoms come with responsibilities. These regulations conferred new powers on local authorities to ensure that premises follow the law and take all reasonable measures to mitigate the spread of coronavirus. Local authority enforcement officers have been given powers to serve improvement notices, or in the last instance to require premises to close. I understand that four improvement notices have been served to date across Wales. Of course, most businesses are keen to take all the steps needed, so such action should not be necessary in the large majority of cases. Our aim has been to support the vast majority of responsible businesses and employers by ensuring that there is a level playing field for all. 

I should recognise one oversight made in those regulations where we purported to give magistrates' courts the power to impose a custodial sentence for breach of the requirements. As was correctly noted by the Legislation, Justice and Constitution Committee, such a power cannot be granted under these powers. We therefore took prompt and immediate steps to make the correction required in the final set of regulations before us today, which came into force on 17 August. I understand that between 10 August and this correction being made, no courts issued a custodial sentence and I'm grateful to the committee for raising this issue.

Finally, the amendment No. 5 regulations that came into force on 17 August make it mandatory in high-risk settings for the contact details of visitors to premises to be collected. That means that if an outbreak or clusters can be traced back to a particular pub, cafe or other setting, as has already happened in Wales and elsewhere in the UK, we will then have a record of who was there at the time, a means of getting in touch with them quickly, to ensure that they and their households self-isolate, and an opportunity to reinforce the need to get tested as required. This is a sensible precaution to take at this point in the light of the chief medical officer's advice that the autumn and winter months are likely to bring new and additional challenges for the control of coronavirus here in Wales.

Llywydd, the restrictions put in place to protect people's health and control the spread of coronavirus have been unprecedented. The law is clear, however, that those restrictions can only be kept in place for as long as they are necessary and proportionate. Our road map, published on 15 May, promised a cautious, coherent approach to the easement of the restrictions through gradual regulatory changes over time. The regulations on which Members are voting today, I believe, helped make good that promise and I urge the Senedd to support them.