Part of the debate – in the Senedd at 6:35 pm on 13 October 2020.
Thank you, Llywydd. Both sets of regulations amend the principal Health Protection (Coronavirus Restrictions) (No. 2) (Wales) Regulations 2020. Now, the No. 16 amending regulations came into force on 1 October and, as the title suggests, designate Conwy, Denbighshire, Flintshire and Wrexham as local health protection areas, placing certain restrictions on them. The regulations include the same restrictions that have been put in place for other areas designated as local health protection areas. Our report raised three merits points. Last week, I indicated we would consider the extent to which explanatory memoranda included evidence about why areas are being placed in lockdown. That consideration informs our first merits point. The explanatory memorandum states that the No. 16 amending regulations are a response to the threat to human health from coronavirus and to the threat posed by the increasing incidence and spread of coronavirus both in these areas and more widely. Where coronavirus restrictions are being tightened in any significant way, we believe the explanatory memoranda should set out the evidence that the Welsh Government relies on in deciding that such tightening is necessary and proportionate. Therefore, with regard to the No. 16 amending regulations, our report asks the Welsh Government to set out the evidence that showed, first, that Conwy, Denbighshire, Flintshire and Wrexham should go into local lockdown in the way they did; secondly, that the need for local lockdown in those areas was so urgent that there was no time for the Senedd to approve a draft of the regulations in advance; and thirdly, that areas of Wales did not need to go into local lockdown.
After our committee meeting yesterday, we received the Welsh Government response to our report, and the response is provided with today's Plenary agenda. In our view, the inclusion of such evidence in the explanatory memoranda in future will aid transparency as well as the committee scrutiny of coronavirus restrictions. This will be particularly important in the event that areas of Wales go into a series of rolling lockdowns in the coming months. Our second and third merits points draw attention to the Welsh Government's justification for any potential interference with human rights and the absence of consultation on the regulations.
I now turn to the No. 17 amending regulations, which came into force on 3 October. The amendments to the principal regulations in particular allow a household made up of no more than one adult living in a local health protection area and another household that also lives in the area to temporarily form an extended household. They also permit skating rinks to open, and they make minor consequential amendments. Our reporting points again draw attention to the Welsh Government's justification for any potential interference with human rights and the absence of consultation on the regulations. Diolch, Llywydd.