3., 4., 5. & 6. The Health Protection (Coronavirus Restrictions) (No 2) (Wales) (Amendment) (No 10) (Rhondda Cynon Taf) Regulations 2020, The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 8) (Caerphilly) Regulations 2020, The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 11) (Blaenau Gwent, Bridgend, Merthyr Tydfil and Newport etc.) Regulations 2020 and The Health Protection (Coronavirus Restrictions) (Functions of Local Authorities etc.) (Wales) Regulations 2020

Part of the debate – in the Senedd at 3:06 pm on 29 September 2020.

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Photo of Mick Antoniw Mick Antoniw Labour 3:06, 29 September 2020

Thank you, Llywydd. I had noted, and was waiting in anticipation. This is a report of the Legislation, Justice and Constitution Committee in respect of the four sets of regulations, so it's a composite report. Members will know that the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) Regulations 2020 are the principal regulations on coronavirus in Wales, and the Senedd approved those regulations on 5 August 2020. We reported on the No. 8 amending regulations on 21 September, and yesterday we reported on the No. 10 and No. 11 amending regulations, together with the regulations related to local authority functions. We acknowledge that whilst we are debating these regulations today, the Welsh Government has also made further amending regulations, which, as I said last week, demonstrates the fast-moving nature of the Government's action on these matters.

The No. 8, No. 10 and No. 11 regulations all concern restrictions placed on specific communities. The No. 8 amending regulations came into force on 8 September and, as the Members will know, they introduce restrictions in respect of Caerphilly county borough as a local health protection area. Briefly, the restrictions cover extended households, prohibitions on movement away from and into the area, and requiring residents to work from home unless it is not reasonably practical for them to do so. Subsequently, the No. 10 amending regulations apply similar restrictions to Rhondda Cynon Taf County Borough Council from 17 September, with an additional restriction requiring that all premises licensed to sell alcohol must not open before 6 a.m. and must close at or before 11 p.m. each day. And then from 22 September, the No. 11 amending regulations applied those same restrictions to the local authorities of Blaenau Gwent, Bridgend, Merthyr Tydfil and Newport, and the No. 11 regulations also applied the restrictions on opening hours of licensed premises to Caerphilly county borough.

Now, in our reports, we drew attention to the lack of public consultations or regulatory impact assessments carried out in relation to the amending regulations, and also considered the Welsh Government's assessment of the extent to which any interference with human rights is justified and proportionate in pursuit of the legitimate aim of protecting public health. I therefore draw Members' attention to our reports on the amending regulations.

In our meeting yesterday, we also discussed the meaning of what constitutes 'a reasonable excuse' for the purpose of the regulations. This is an issue that many constituents who want to do the right thing have raised with us all. We believe that the Welsh Government should publish more detailed guidance on this matter and we will be writing to the Minister specifically on this point.

I now return to the Health Protection (Coronavirus Restrictions) (Functions of Local Authorities etc.) (Wales) Regulations 2020. These are regulations that came into force on 18 September. They provide local authorities across Wales with powers by issuing directions to relevant people to close individual premises or impose specific restrictions or requirements on them. They prohibit certain events, or types of event, from taking place, or impose restrictions or requirements on them, and also can restrict access to or close public outdoor events.

Our report makes four merits points, and I wish to highlight three of them briefly. Regulation 9 requires a local authority to have regard to any guidance issued by the Welsh Ministers about the regulations. Our third reporting point notes that the guidance in relation to these regulations does not appear to be published on the Welsh Government website, or at least it is not easily identifiable. We think that making the guidance available or more easily accessible would be a helpful aid for local authorities and members of the public wishing to understand the impact of these regulations. The regulations also require a local authority to take reasonable steps to give prior notice of a premises direction, event direction or public place direction. Our fourth reporting point identifies the difference in treatment between the types of notice in relation to matters set out in regulations 11 and 12, however, it is not clear why this distinction is necessary.

And then, finally, as we are aware, the Welsh Government has now written to the Llywydd, as required by the Statutory Instruments Act 1946, explaining why it was necessary for the regulations to come into force before they were laid before the Senedd. I'd welcome the observations of the health Minister on these points that I've raised on the local authority functions regulations. Thank you, Llywydd.