These are the health protection coronavirus regulations 2021. I call the Minister for Health and Social Services, Vaughan Gething.

Motion NDM7555 Rebecca Evans

To propose that the Senedd, in accordance with Standing Order 27.5:

1. Approves The Health Protection (Coronavirus, International Travel and Restrictions) (Amendment) (No. 2) (Wales) Regulations 2021 laid in the Table Office on 15 January 2021.

Motion NDM7556 Rebecca Evans

To propose that the Senedd, in accordance with Standing Order 27.5:

1. Approves The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) Regulations 2021 laid in the Table Office on 19 January 2021.

Motions moved.

Thank you, acting Deputy Presiding Officer. I move the motion before us on the two sets of amendment regulations before us today, the first of which is the Health Protection (Coronavirus, International Travel and Restrictions) (Amendment) (No. 2) (Wales) Regulations 2021. These amend both the international travel restrictions and the more general coronavirus restrictions No. 5 regulations. Members will be aware that a new variant of COVID-19 was recently detected in Brazil. This follows the earlier discovery of a new variant of a strain of the virus in South Africa. These strains are different to the UK Kent variant, but may share similar properties in terms of a higher transmissibility. To help prevent these new strains entering the UK, these amendment regulations suspend all travel corridors.

Those wishing to travel to Wales will now need to provide a negative test before travelling, and quarantine for 10 days. This is line with similar action being taken in England, Scotland and Northern Ireland. Brazil has strong travel connections with a number of countries from across south America, including Uruguay, Paraguay, Argentina, Bolivia, Peru, Columbia, Chile, Suriname and French Guiana. The regulations also remove the sectoral exemptions for travellers arriving from those countries. All travellers arriving into Wales who have been in these countries in the previous 10 days will be required to isolate for 10 days, and will only be able to leave isolation in very limited circumstances. These tighter isolation requirements will also apply to all members of their households. Direct flights from these countries will no longer be able to land in Wales.

The second regulations are the Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) Regulations 2021. These ensure that retailers are required now to take steps to make their premises as safe as possible for both shoppers and their employees alike. This includes having measures in place for controlling entry and limiting the number of customers who are on the premises, ensuring hand sanitisation products or hand-washing facilities are in place for customers, and reminding customers of the need to maintain a 2m distance and to wear a face covering. Whilst these measures already appear in guidance, including them on the face of the regulations will both reinforce their importance and make them more easily enforceable. Many, of course, are already operating to these high standards, but we need to raise the bar for those who could and should improve.

I know Members across the Chamber will have had anecdotal examples from their own constituents raising concerns about these very issues. All businesses and premises are now also required to carry out a specific COVID risk assessment and for that to involve consultation with staff and representatives, and to be made available to staff. This will complement existing occupational health and safety laws. These amendment regulations also require the proprietors of all schools and further education institutions not to permit learners to attend the premises from 20 January. However, the regulations permit that in certain circumstances pupils can remain attending schools and further education institutions. Placing this requirement on a statutory footing will ensure consistency and clarity across Wales. I ask Members to support these regulations, which the Government believes are an essential part of how we can help to keep Wales safe.

I call the Chair of the Legislation, Justice and Constitution Committee, Mick Antoniw.

Thank you, acting Llywydd. I speak in respect of both items, 8 and 9. We considered both of these sets of regulations yesterday morning, and our reports have been laid for Members to see. Members will be familiar with the restrictions and requirements imposed on people in Wales under the coronavirus restrictions No. 5 regulations, and also Members will be familiar with the coronavirus international travel regulations. I very much welcome the detailed report that the Minister has given in respect of these regulations.

I will first comment on the coronavirus international travel and restrictions amendment No. 2 regulations. Our report on these regulations contains three merits points. The first and third points will be familiar to Members. We have highlighted the fact that the regulations came into force before they were laid before the Senedd, and we have also noted that, once again, there's been no formal consultation. Our second merits point also appears  frequently in our reports and relates to human rights. We draw attention to a specific paragraph in the accompanying explanatory memorandum that explains the Welsh Government’s justification for interfering with human rights. These regulations amend both the restrictions No. 5 regulations and the 2020 international travel regulations.

There is no express reference in the explanatory memorandum to how amendments to the restrictions No. 5 regulations may interfere with human rights. We do acknowledge that, as with the 2020 international travel regulations that are expressly referenced in the explanatory memorandum, these amendment No. 2 regulations may be unlikely to change the engagement of human rights issues. Nevertheless, in our report, we asked if the position in relation to the restrictions No. 5 regulations could be clarified, and I welcome the Welsh Government’s confirmation that these amending regulations do not change the engagement of human rights issues under these restrictions regulations.

We also note in our second merits point that the relevant paragraph in the explanatory memorandum refers to the European charter of fundamental rights. However, section 5(4) of the European Union (Withdrawal) Act 2018 states that the charter is not part of domestic law on or after 11 p.m. on 31 December 2020. As such, we asked for an explanation for the reference to the charter in the explanatory memorandum, as this matter has been raised in several of our reports laid this week. The Welsh Government’s response to us indicates that this was an error, and I welcome the commitment to ensure that any references to the convention are suitably corrected. 

Turning now to the No. 5 amendment regulations, our report contains one technical point and three merits points. The technical reporting point flags what appears to be defective drafting in respect of new paragraph (4)(a), which is being inserted into regulation 16 of the restrictions No. 5 regulations. The amendment to regulation 16 imposes a requirement on persons responsible for certain premises to carry out specific coronavirus risk assessments. As currently drafted, we do not consider that this new paragraph achieves what we assume to be the intended effect. The Welsh Government agrees with our assessment, and I welcome the commitment to address this error at the earliest opportunity.

Our first merits point again asks for an explanation as to why the explanatory memorandum referenced the European charter of fundamental rights, so I am grateful for the Welsh Government’s explanation, which I have already dealt with. Our second merits point notes there has been no formal consultation. And our third merits point notes that, while a regulatory impact assessment has not been carried out in relation to these regulations, a children’s rights impact assessment and equality impact assessments have, in fact, been completed. Diolch, acting Llywydd. 

Minister, the Welsh Conservatives support both sets of amendments to the coronavirus regulations 8 and 9. However, as the regulations have more than a tendency to—are always coming into force before they're laid before the Senedd, can we just try and pre-empt for the next time that you might be reviewing these international regulations, and ask if you are able to give us any update on further changes that might happen to the international travel regulations? Much is in the media at present about total travel bans, travel corridors or compulsory quarantining in hotels, and what effect that would have on Wales, as well as on the UK as a whole. Are you able to tell us if you are involved in the assessments that are being made in order to protect us from the various different coronavirus variants that are out and about? I appreciate that it doesn't directly relate to the international travel regulations before us today, but picking up on the Chair of the legislation committee's point, these regulations are coming into force before the Senedd has a chance to agree them or to discuss them, and therefore if you're able to give us any advance knowledge of anything you may be doing, it would be most helpful.  

I will start with item 8 on international travel. We will support these regulations, as we have done every time as officials respond to the new evidence on risk levels in travelling to Wales from various nations and territories internationally. So, we will be supporting those regulations, and also supporting the regulations under item 9, which place requirements on retailers to strengthen their risk assessment processes and to protect the public. I welcome that, and I welcome the consultation that there was with business representatives but, at the end of the day, it's a matter of promoting the principles of safeguarding public health that drives all of this. 

The regulations also tighten-up the rules to ensure that schools and further education institutions don't allow students to attend. Again, under the circumstances, this is the right step to take, and that it is justified, but may I remind, as others have done—as my fellow Plaid Cymru Member, Siân Gwenllian, has done—these do need to be much clearer and we need greater guidance from Government to local authorities and schools to ensure that remote learning and the provision of remote education is properly supported and facilitated? There are excellent examples of innovation happening among teachers in individual schools, but there is a great lack of consistency also.

More generally, and in looking forward—I'll take this opportunity to look forward—to the next set of regulations and the next set of decisions on restrictions, I don't think people expect any great relaxation, because the situation is still very serious in terms of the virus. But I do make my usual plea on Government to consider what could be done to reflect the pressures on people and the impact that the restrictions have, particularly on their mental health and well-being, and where there are opportunities to allow more socialising or exercise so that people can accompany each other in the open air, then please consider how that could be facilitated. 

I call the Minister to reply.

Thank you. I'd like to thank the Chair of the legislation and justice committee for his report on the committee's scrutiny, and as ever, we will address, as he indicated, each of the areas, to ensure that the law is correctly stated. As I said, I think it's always a useful function, especially given that we're having to legislate at pace on a regular basis throughout the pandemic.

I'd like to welcome Angela Burns back to her role as the shadow Minister for health and social care. I'll deal with her questions on—. I'll start with international travel, because each week we review international travel arrangements on a four-nation basis. Ministers from each of the devolved national Governments, together with UK Ministers, officials and the chief medical officer, look at the evidence on where we are, and the changing picture of not just the position relative to other countries, but in particular on new variants, has led to significant change in international travel arrangements. I'd like to be able to provide her with more advanced notice of what is likely to come up, but I'm not in a position to do that because this is still an incredibly dynamic position. We meet every week. We almost always end up having to make decisions with the paperwork that's provided and the conversations that take place in a very short space of time. So, whilst I understand the request for information in advance, I just don't think, practically, I could do that, and I don't think any other Minister, whether in the UK Government, the Scottish, or Northern Irish administrations will be in a position to do so either. We're making choices. We're making them as quickly as possible. There are regular statements then provided, and we'll keep on coming back, as long as we're having to amend the regulations on such a frequent basis. 

As for the broader question she asked about the speculation over travel bans and quarantine hotels and the like, I'm afraid I can't be responsible for briefing from other Governments within the UK. I've seen press stories and I've heard commentary from other Ministers in other Governments that aren't matters that there's been a discussion with me about, and aren't matters where officials have been properly briefed either. I've made it clear that I want to have that done properly, as it should be, between our officials, and for the conversation that then takes place at ministerial level to be informed by a proper exchange of information between officials. On the one hand, because of the position that we are in and other parts of the world are in, international travel isn't significant at present anyway. However, it would only take a small amount of travel for variants of concern to enter the country. We've seen that, for example, with the relatively small number of people with the South African variant across the UK, but that in itself is a problem, and it does reiterate why we do need to keep on talking and working as far as possible on a four-nation basis, and why we need to have proper and constructive relationships with the Government of the Republic of Ireland as well.

On Rhun ap Iorwerth's broader points, in terms of remote education provision, I think that the Senedd has just had an opportunity to question and have some answers to questions with the education Minister, and broader questions about the provision of remote learning, because I'm afraid that we're unlikely to see the disruption of face-to-face learning coming to an end at the end of this review period. We've made that very clear in advance, but we of course will continue to look at what it's possible to do in terms of remote education provision, whilst looking for a period of time when there can be a return to some face-to-face learning, and there are ongoing talks we hope to conclude with the WLGA and teaching union leaders and other education unions in that regard.

On your broader point about the broader restrictions, which I don't think are subject to the votes today, but, of course, the First Minister will confirm those on Friday this week once the Cabinet has concluded those. We always look at opportunities to think about where we might safely make changes, but I have already indicated that no-one should expect any significant change, given the level of concern, both in terms of the amount of pressure that our NHS is under, with 140 per cent capacity in critical care today, but also, despite the very good news that every single local authority area in Wales saw a fall in coronavirus cases in the report today, we're still at about 216 cases per 100,000, which is still relatively high. So, we're moving in the right direction but need further progress for us all before we can make more significant choices about a much more significant unlocking in the future. With that, I ask Members to support the regulations that are before us today.

The Deputy Presiding Officer took the Chair.

Thank you very much, Minister, and thank you to David Melding for stepping into the breach there, while I had technical problems.

The proposal is to agree the motion under item 8. Does any Member object? No. Therefore, in accordance with Standing Order 12.36, that motion is agreed.

Motion agreed in accordance with Standing Order 12.36.

The proposal is to agree the motion under item 9. Does any Member object? [Objection.] I see an objection to the motion under item 9 and therefore, we'll vote on that when we come to voting time.

Voting deferred until voting time.

The next item on our agenda is a proposal under Standing Order 12.24 to debate items 10 and 11 together, but again with separate votes. So, in accordance with Standing Order 12.24, I propose that the two motions under items 10 and 11 be grouped for debate but with separate votes. Does any Member object? No.