Part of 2. Questions to the Minister for Health and Social Services – in the Senedd at 1:51 pm on 24 February 2021.
There are two distinct points there. The first is that Ministers don't make prosecution decisions. There's a clear separation of powers. It's probably a good thing for everyone that, as the health Minister, I'm not in a position to direct the criminal justice services to undertake prosecutions or not. However, when it comes to the law and our expectations, we do work alongside the Health and Safety Executive. It's a reserved body, but they're very clear about what requirements of the law are in place here in Wales and what that means in terms of businesses that are not compliant in following those rules, whether it's retail or other activities as well. The guidance we issue has a real bearing on making sure that workplaces are safe workplaces with an infectious condition that is in widespread circulation still around the country. I think that's the point the Member is really driving, about making sure there's a clear message from the Government about expected standards of behaviour from employers and not to hesitate in supporting action that is taken, whether it's by environmental health organisations, trading standards or, indeed, non-devolved areas, to ensure that workers are kept safe.
We have these conversations on a regular basis, not just in the social partnership but also in the national health and safety forum that's been created as well. We are, I think, being very clear about our expectations for employers about how they need to keep their businesses safe and secure to keep their workers and their customers safe and secure. We'll need to return to this again, as our evidence, knowledge and understanding of COVID changes in the future. I hope that, as we do recover and get out of the pandemic crisis, we'll make sure there isn't a dropping of the guard when it comes to this. Because I also wouldn't want to see employers taking precipitative action against people who, in my former life, I would potentially have been taking discrimination action for if these are people with a material impact on their day-to-day activities with a recurring condition. That seems to me to describe a great deal of what long COVID actually means for people who have the condition and the likelihood of a future occurrence. I hope that all employers are taking a much more considerate approach, because these are matters where our understanding will continue to develop and we want people to return to work and contribute to the future of our economy.