12. The Health Protection (Coronavirus Restrictions) (No. 3) (Wales) Regulations 2020

Part of the debate – in the Senedd at 5:59 pm on 3 November 2020.

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Photo of Mick Antoniw Mick Antoniw Labour 5:59, 3 November 2020

The Legislation, Justice and Constitution Committee reported on these regulations yesterday. They came into force at 6 p.m. on Friday, 23 October 2020, and expire at the end of the day on 8 November 2020, at which point they will have been in force in Wales for a total of 17 days. 

These regulations revoke the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 19) Regulations 2020 and all its amending regulations, which include measures put in place for local lockdowns in Wales. The regulations make provision in four key areas, as the Minister has outlined. They limit movement and travel by requiring people to stay at home unless they have a reasonable excuse. They limit gatherings with other people. They require the closure of certain types of business and premises, and they place obligations on persons responsible for premises that are open to the public, or for work being carried out at any premises. 

The committee reported eight merits points. Our first point noted the Welsh Government's justification for any potential interference with human rights as a consequence of the restrictions being introduced. Our second point highlighted the lack of formal consultation undertaken, but noted that the Welsh Government undertook a series of urgent discussions with key sectors and stakeholders. Because of the widespread media reporting of dissatisfaction at the short notice given to introduce these regulations, we have requested further detail on who the Welsh Government consulted with, and when, prior to making the regulations. 

Regulation 16 places restrictions on mixed businesses that run both permitted and prohibited businesses on the same premises. We noted the widespread criticism of this particular policy and the confusion it has caused among stakeholders. Given that clarity is essential when making legislation, our third reporting point asked the Welsh Government whether it intends to amend this particular provision, or whether further guidance is to be given to business and members of the public. During our meeting yesterday, we considered further the extent to which the regulations impact on businesses and extended households. As a result, reporting points 6, 7 and 8 seek clarification on specific points in the regulations and how certain provisions apply in practice. For example, reporting point 6 seeks an explanation of where and how the regulations prohibit a supermarket from selling non-essential items, and asks the Welsh Government to clarify the meaning of the word 'business' that is used in regulations 11, 15 and 16. Our seventh reporting point seeks clarification about the effects of the regulations on extended households. In relation to reporting points 6 and 7, it would be helpful if the Welsh Government could, where we suggest, provide some practical examples to illustrate the points they wish to make in response. 

Turning to the matter of guidance, our fourth reporting point asks the Government to provide details of when guidance on the 17-day period was published for the purpose of providing stakeholders with the opportunity to comply with these legislative changes. Our fifth merits point notes that an integrated impact assessment has been published. We welcome that. This considers the impact of the regulations in relation to equality and children's rights in particular, which we welcome. 

In closing, I'd encourage the Welsh Government to take into account all the points we raise, and the principles underpinning them, when preparing the new regulations that were announced yesterday and that will replace the set that we are debating today. Thank you, Llywydd.